Congressional Record, Volume 142 Issue 123 (Tuesday, September 10, 1996)

[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[House]
[Pages H10124-H10140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page H10124]]

FEDERAL AVIATION AUTHORIZATION ACT OF 1996

Mr. SHUSTER. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3539) to amend title 49, United States Code, to reauthorize
programs of the Federal Aviation Administration, and for other
purposes, as amended.
The Clerk read as follows:

H.R. 3539

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Federal
Aviation Authorization Act of 1996''.
(b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.

TITLE I--REAUTHORIZATION OF FAA PROGRAMS

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. Operations of FAA.

TITLE II--AIRPORT DEVELOPMENT FINANCING

Sec. 201. Apportionments.
Sec. 202. Discretionary fund.
Sec. 203. Use of apportioned amounts.
Sec. 204. Designating current and former military airports.
Sec. 205. National Civil Aviation Review Commission.
Sec. 206. Innovative financing techniques.

TITLE III--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS

Sec. 301. Intermodal planning.
Sec. 302. Compliance with Federal mandates.
Sec. 303. Runway maintenance program.
Sec. 304. Access to airports by intercity buses.
Sec. 305. Cost reimbursement for projects commenced prior to grant
award.
Sec. 306. Issuance of letters of intent.
Sec. 307. Selection of projects for grants from discretionary fund.
Sec. 308. Small airport fund.
Sec. 309. State block grant program.
Sec. 310. Private ownership of airports.
Sec. 311. Use of noise set-aside funds by non-airport sponsors.

TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Elimination of dual mandate.
Sec. 402. Purchase of housing units.
Sec. 403. Technical correction relating to State taxation.
Sec. 404. Use of passenger facility fees for debt financing project.
Sec. 405. Clarification of passenger facility revenues as constituting
trust funds.
Sec. 406. Protection of voluntarily submitted information.
Sec. 407. Supplemental type certificates.
Sec. 408. Restriction on use of revenues.
Sec. 409. Certification of small airports.
Sec. 410. Employment investigations of pilots.
Sec. 411. Child pilot safety.
Sec. 412. Discretionary authority for criminal history records checks.
Sec. 413. Imposition of fees.
Sec. 414. Authority to close airport located near closed or realigned
military base.
Sec. 415. Construction of runways.
Sec. 416. Gadsden Air Depot, Alabama.
Sec. 417. Regulations affecting intrastate aviation in Alaska.
Sec. 418. Westchester County Airport, New York.
Sec. 419. Bedford Airport, Pennsylvania.
Sec. 420. Location of Doppler radar stations, New York.
Sec. 421. Worcester Municipal Airport, Massachusetts.
Sec. 422. Central Florida Airport, Sanford, Florida.
Sec. 423. Aircraft Noise Ombudsman.
Sec. 424. Special rule for privately owned reliever airports.

TITLE V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES

Sec. 501. Extension of Airport and Airway Trust Fund Expenditures.

TITLE VI--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND
DEVELOPMENT

Sec. 601. Short title.
Sec. 602. Authorization of appropriations.
Sec. 603. Research priorities.
Sec. 604. Research advisory committee.
Sec. 605. National aviation research plan.

SEC. 2. 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.

SEC. 3. APPLICABILITY.

(a) In General.--Except as otherwise specifically provided,
this Act and the amendments made by this Act shall apply only
to fiscal years beginning after September 30, 1996.
(b) Limitation on Statutory Construction.--Nothing in this
Act or any amendment made by this Act shall be construed as
affecting funds made available for a fiscal year ending
before October 1, 1996.
TITLE I--REAUTHORIZATION OF FAA PROGRAMS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

(a) Authorization of Appropriations.--Section 48103 is
amended--
(1) by striking ``September 30, 1981'' and inserting
``September 30, 1996''; and
(2) by striking ``$17,583,500,000'' and all that follows
through the period at the end and inserting the following:
``$2,280,000,000 for fiscal years ending before October 1,
1997, $4,627,000,000 for fiscal years ending before October
1, 1998, and $7,039,000,000 for fiscal years ending before
October 1, 1999.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``1996'' and inserting ``1999''.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

(a) Authorization of Appropriations.--Section 48101(a) is
amended by striking paragraphs (1) through (4) and inserting
the following:
``(1) $2,068,000,000 for fiscal year 1997.
``(2) $2,129,000,000 for fiscal year 1998.
``(3) $2,191,000,000 for fiscal year 1999.''.
(b) Clerical Amendments.--Chapter 481 is amended--
(1) by striking the heading for section 48101 and inserting
the following:

``Sec. 48101. Air navigation facilities and equipment''; and

(2) in the table of sections by striking the item relating
to section 48101 and inserting the following:

``48101. Air navigation facilities and equipment.''.

SEC. 103. OPERATIONS OF FAA.

(a) Authorization of Appropriations From General Fund.--
Section 106(k) is amended by striking ``$4,088,000,000'' and
all that follows through the period at the end and inserting
the following: ``$5,158,000,000 for fiscal year 1997,
$5,344,000,000 for fiscal year 1998, and $5,538,000,000 for
fiscal year 1999.''.
(b) Authorization of Appropriations From Trust Fund.--
Section 48104(c) is amended--
(1) in the subsection heading by striking ``1996'' and
inserting ``1999''; and
(2) by striking ``1994, 1995, and 1996'' and inserting
``1994 through 1999''.
(c) Limitation on Obligating or Expending Amounts.--Section
48108(c) is amended by striking ``1996'' and inserting
``1999''.
(d) Clerical Amendments.--Chapter 481 is amended--
(1) by striking the heading for section 48104 and inserting
the following:

``Sec. 48104. Operations and maintenance''; and

(2) in the table of sections for such chapter by striking
the item relating to section 48104 and inserting the
following:

``48104. Operations and maintenance.''.
TITLE II--AIRPORT DEVELOPMENT FINANCING

SEC. 201. APPORTIONMENTS.

(a) Amounts Apportioned to Sponsors.--
(1) Primary airports.--Section 47114(c)(1)(A) is amended--
(A) by striking ``and'' at the end of clause (iii);
(B) in clause (iv) by striking ``additional'' and inserting
``of the next 500,000'';
(C) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(D) by adding at the end the following:
``(v) $.50 for each additional passenger boarding at the
airport during the prior calendar year.''.
(2) Cargo only airports.--Section 47114(c)(2) of such title
is amended to read as follows:
``(2) Cargo only airports.--
``(A) Apportionment.--Subject to subparagraph (D), the
Secretary shall apportion an amount equal to 2.5 percent of
the amount subject to apportionment each fiscal year to the
sponsors of airports served by aircraft providing air
transportation of only cargo with a total annual landed
weight of more than 100,000,000 pounds.
``(B) Suballocation formula.--Any funds apportioned under
subparagraph (A) to sponsors of airports described in
subparagraph (A) shall be allocated among those airports in
the proportion that the total annual landed weight of
aircraft described in subparagraph (A) landing at each of
those airports bears to the total annual landed weight of
those aircraft landing at all those airports.
``(C) Limitation.--Not more than 8 percent of the amount
apportioned under subparagraph (A) may be apportioned for any
one airport.
``(D) Distribution to other airports.--Before apportioning
amounts to the sponsors of airports under subparagraph (A)
for a fiscal year, the Secretary may set-aside a portion of
such amounts for distribution to the sponsors of other
airports, selected by the Secretary, that the Secretary finds
will be served primarily by aircraft providing air
transportation of only cargo.
``(E) Determination of landed weight.--Landed weight under
this paragraph is the landed weight of aircraft landing at
each airport described in subparagraph (A) during the prior
calendar year.''.
(3) Repeal of limitation.--Section 47114(c)(3) is repealed.
(b) Amounts Apportioned to States.--Section 47114(d)(2) of
such title is amended--
(1) by striking ``12'' and inserting ``18.5'';
(2) in subparagraph (A) by striking ``one'' and inserting
``0.66'';

[[Page H10125]]

(3) in each of subparagraphs (B) and (C) by striking
``49.5'' and inserting ``49.67''; and
(4) in each of subparagraphs (B) and (C) by striking
``except'' the second place it appears and all that follows
through ``title,'' and inserting ``excluding primary airports
but including reliever and nonprimary commercial service
airports,''.

SEC. 202. DISCRETIONARY FUND.

Section 47115 is amended by striking the second subsection
(f), relating to minimum amounts to be credited, and
inserting the following:
``(g) Minimum Amount To Be Credited.--
``(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available under
section 48103 of this title, an amount that is at least equal
to the sum of--
``(A) $50,000,000; plus
``(B) the total amount required from the fund to carry out
in the fiscal year letters of intent issued before January 1,
1996, under section 47110(e) of this title or the Airport and
Airway Improvement Act of 1982.

The amount credited is exclusive of amounts that have been
apportioned in a prior fiscal year under section 47114 of
this title and that remain available for obligation.
``(2) Reduction of apportionments.--In a fiscal year in
which the amount credited under subsection (a) is less than
the minimum amount to be credited under paragraph (1), the
total amount calculated under paragraph (3) shall be reduced
by an amount that, when credited to the fund, together with
the amount credited under subsection (a), equals such minimum
amount.
``(3) Amount of reduction.--For a fiscal year, the total
amount available to make a reduction to carry out paragraph
(2) is the total of the amounts determined under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of this
title. Each amount shall be reduced by an equal percentage to
achieve the reduction.
``(h) Allocation of Amounts Exceeding Letter of Intent
Requirements.--Of the amount credited to the fund for a
fiscal year which exceeds the total amount required from the
fund to carry out in the fiscal year letters of intent issued
before January 1, 1996, under section 47110(e) of this title
or the Airport and Airway Improvement Act of 1982--
``(1) not less that 15 percent shall be used for system
planning and for making grants to airports that are not
commercial service airports; and
``(2) not less than 30 percent shall be used for making
grants to commercial service airports that each year have
less than .25 percent of the total passenger boardings in the
United States.''.

SEC. 203. USE OF APPORTIONED AMOUNTS.

(a) Period of Availability.--Section 47117(b) is amended by
inserting before the period at the end of the first sentence
the following: ``or the 3 fiscal years immediately following
that year in the case of a primary airport that had less than
.05 percent of the total boardings in the United States in
the preceding calendar year''.
(b) Special Apportionment Categories.--Section 47117(e)(1)
is amended--
(1) by striking ``made available under section 48103'' and
inserting ``available to the discretionary fund under section
47115'';
(2) by striking subparagraphs (A), (C), and (D);
(3) by redesignating subparagraphs (B) and (E) as
subparagraphs (A) and (B), respectively;
(4) in subparagraph (A), as so redesignated, by striking
``at least 12.5'' and inserting ``At least 31'';
(5) by adding at the end of subparagraph (A), as so
redesignated, the following: ``The Secretary may count the
amount of grants made for such planning and programs with
funds apportioned under section 47114 in that fiscal year in
determining whether or not such 31 percent requirement is
being met in that fiscal year.'';
(6) in subparagraph (B), as so redesignated, by striking
``at least 2.25'' and all that follows through ``1996,'' and
inserting ``At least 4 percent for each fiscal year
thereafter''; and
(7) by inserting before the period at the end of
subparagraph (B), as so redesignated, the following: ``and to
sponsors of noncommercial service airports for grants for
operational and maintenance expenses at any such airport if
the amount of such grants to the sponsor of the airport does
not exceed $30,000 in that fiscal year, if the Secretary
determines that the airport is adversely affected by the
closure or realignment of a military base, and if the sponsor
of the airport certifies that the airport would otherwise
close if the airport does not receive the grant''.

SEC. 204. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

(a) General Requirements.--Section 47118(a) is amended--
(1) by striking ``not more than 15'';
(2) by inserting after the first sentence the following:
``The maximum number of airports which may be designated by
the Secretary under this section at any time is 10.''; and
(3) by striking ``reduce delays'' and all that follows
through ``landings'' and inserting the following: ``enhance
airport and air traffic control system capacity in major
metropolitan areas and reduce current or projected flight
delays''.
(b) Survey and Considerations.--Section 47118 is amended--
(1) in subsections (a) and (d) by striking ``section
47117(e)(1)(E)'' and inserting ``section 47117(e)(1)(B)'';
and
(2) by striking subsections (b) and (c) and redesignating
subsections (d), (e), and (f) as subsections (b), (c), and
(d), respectively.
(c) Parking Lots, Fuel Farms, Utilities, and Hangars.--
Subsection (d) of section 47118, as redesignated by
subsection (b) of this section, is amended--
(1) in the heading by striking ``and Utilities'' and
inserting ``Utilities, and Hangars'';
(2) by striking ``for the fiscal years ending September 30,
1993-1996,'' and inserting ``for fiscal years beginning after
September 30, 1992,''; and
(3) by striking ``and utilities'' and inserting
``utilities, and hangars''.

SEC. 205. NATIONAL CIVIL AVIATION REVIEW COMMISSION.

(a) Establishment.--There is established a commission to be
known as the National Civil Aviation Review Commission
(hereinafter in this section referred to as the
``Commission'').
(b) Functions.--In order to provide Federal policymakers
with objective information and recommendations concerning the
future of civil aviation in the 21st century, the Commission
shall conduct a comprehensive review of aviation safety
oversight, airport capital needs, and the long-term capital
and operating funding requirements of the Federal Aviation
Administration. Matters to be studied by the Commission shall
include, but not be limited to, the following:
(1) A review of the overall condition of aviation safety in
the United States and emerging trends in the safety of
particular sectors of the aviation industry. This review
shall include a review of--
(A) the extent to which the dual mission of the
Administration to promote and regulate civil aviation may
undermine aviation safety;
(B) the adequacy of staffing and training resources for
safety personnel of the Administration, including safety
inspectors; and
(C) the Administration's processes for ensuring the public
safety from fraudulent parts in civil aviation and the extent
to which use of suspected unapproved parts requires
additional oversight or enforcement action.
(2) A review of current and projected airport capital
development needs and an assessment of various financing
mechanisms to meet these needs by type and size of airport.
This review shall include a review of--
(A) alternate financing mechanisms for airports, including
the airport improvement program, passenger facility charges,
tax-exempt bonds, State and local assistance, airport
privatization, infrastructure banks, government-sponsored
enterprises, and leveraging of Federal airport financing that
takes into consideration the special needs of nonhub airports
and general aviation airports; and
(B) the effect of alternate funding levels of the Federal
Aviation Administration airport improvement program, ranging
from elimination of funding to full funding of airport
development requirements.
(3) A review of the Administration's current and projected
financial requirements, alternate methods of financing those
requirements in the future, and recommendations on an overall
long-range financial plan for the Administration which would
provide for future growth in the Nation's air traffic system
while improving the management and performance of the system
and providing for continued safety improvements. Such
financing methods include loan guarantees, financial
partnerships with for-profit private sector entities,
multiyear appropriations, revolving loan funds, mandatory
spending authority, authority to borrow, restructured grant
programs, aviation taxes, and user fees.
(4) A review of the air transportation needs of rural
communities, an assessment of the ability of various
financing mechanisms to fund programs designed to meet those
needs, and an evaluation and recommendation concerning
innovative financing mechanisms designed to meet those needs.
(c) Membership.--The Commission shall be composed of 13
members, appointed from persons knowledgeable about civil
aviation in the United States and who are specifically
qualified by training and experience to perform the duties of
the Commission, as follows:
(1) 3 members appointed by the Secretary of Transportation,
in consultation with the Secretary of the Treasury.
(2) 10 members appointed by Congress as follows:
(A) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Transportation and
Infrastructure of the House of Representatives.
(B) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Appropriations of the
House of Representatives.
(C) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Commerce, Science, and
Transportation of the Senate.
(D) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Appropriations of the
Senate.
(E) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Ways and Means of the
House of Representatives.

[[Page H10126]]

(d) Restriction on Appointment of Current Aviation
Employees.--A member appointed under subsection (c)(1) may
not be an employee of an airline, airport, aviation union, or
aviation trade association at the time of appointment or
while serving on the Commission.
(e) Timing of Appointments.--The appointing authorities
shall make their appointments to the Commission not later
than 30 days after the date of the enactment of this Act.
(f) Chairman.--In consultation with the Secretary of
Transportation, the Speaker of the House of Representatives
and the Majority Leader of the Senate shall designate a
chairman and vice chairman from among the members of the
Commission not later than 30 days after appointment of the
last member to the Commission.
(g) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission, and any vacancy on
the Commission shall not affect its powers but shall be
filled in the same manner, and by the same appointing
authority, as the original appointment.
(h) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, but the
Commission may establish a lesser number for conducting
hearings scheduled by the Commission.
(i) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information or documents as the Commission considers
necessary to carry out its duties, unless the head of such
department or agency advises the chairman of the Commission,
in writing, that such information is confidential and that
its release to the Commission would jeopardize aviation
safety, the national security, or pending criminal
investigations.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(4) Travel and per diem.--Members and staff of the
Commission shall be paid travel expenses, including per diem
in lieu of subsistence, when away from his or her usual place
of residence, in accordance with section 5703 of title 5,
United States Code.
(j) Independent Audit.--
(1) Contracts.--Immediately following the designation of
the chairman of the Commission, the Commission shall contract
with an entity independent of the Federal Aviation
Administration and the Department of Transportation to
conduct a complete audit of the financial requirements of the
Administration, considering anticipated air traffic
forecasts, other workload measures, and estimated
productivity gains which lead to budgetary requirements.
(2) Deadline.--The independent audit shall be completed no
later than 180 days after the date of the contract award and
shall be submitted to the Commission.
(k) Final Report.--Not later than 1 year after the date of
the appointment of the last member to the Commission under
subsection (c), the Commission shall submit to Congress and
the Administrator a final report on the findings of the
Commission with corresponding recommendations. Included with
this report shall be the independent audit required under
subsection (j).
(l) Authorization of Appropriations.--There is hereby
authorized to be appropriated $2,400,000 for activities of
the Commission, including the independent audit under
subsection (j), to remain available until expended.
(m) GAO Assessment.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
transmit to the Commission and Congress an independent
assessment of airport development needs.

SEC. 206. INNOVATIVE FINANCING TECHNIQUES.

(a) In General.--The Secretary of Transportation is
authorized to carry out a demonstration program under which
the Secretary may approve applications under subchapter I of
chapter 471 of title 49, United States Code, for not more
than 10 projects for which grants received under such
subchapter may be used to implement innovative financing
techniques.
(b) Purpose.--The purpose of the demonstration program
shall be to provide information on the use of innovative
financing techniques for airport development projects to the
Congress and the National Civil Aviation Review Commission
established by section 205 of this Act.
(c) Limitation.--In no case shall the implementation of an
innovative financing technique under the demonstration
program result in a direct or indirect guarantee of any
airport debt instrument by the Federal Government.
(d) Innovative Financing Technique Defined.--In this
section, the term ``innovative financing technique'' shall be
limited to the following:
(1) Payment of interest.
(2) Commercial bond insurance and other credit enhancement
associated with airport bonds for eligible airport
development.
(3) Flexible non-Federal matching requirements.
(e) Expiration of Authority.--The authority of the
Secretary to carry out the demonstration program shall expire
on September 30, 1999.
TITLE III--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS

SEC. 301. INTERMODAL PLANNING.

(a) Policies.--Section 47101(g) is amended to read as
follows:
``(g) Intermodal Planning.--To carry out the policy of
subsection (a)(5) of this section, the Secretary of
Transportation shall take each of the following actions:
``(1) Coordination in development of airport plans and
programs.--Cooperate with State and local officials in
developing airport plans and programs that are based on
overall transportation needs. The airport plans and programs
shall be developed in coordination with other transportation
planning and considering comprehensive long-range land-use
plans and overall social, economic, environmental, system
performance, and energy conservation objectives. The process
of developing airport plans and programs shall be continuing,
cooperative, and comprehensive to the degree appropriate to
the complexity of the transportation problems.
``(2) Goals for airport master and system plans.--Encourage
airport sponsors and State and local officials to develop
airport master plans and airport system plans that--
``(A) foster effective coordination between aviation
planning and metropolitan planning;
``(B) include an evaluation of aviation needs within the
context of multimodal planning; and
``(C) are integrated with metropolitan plans to ensure that
airport development proposals include adequate consideration
of land use and ground transportation access.
``(3) Representation of airport operators on mpo's.--
Encourage metropolitan planning organizations, particularly
in areas with populations greater than 200,000, to establish
membership positions for airport operators.''.
(b) Requirements for Project Grant Applications.--Section
47106(a) is amended--
(1) by inserting ``, including transportation and land use
plans'' before the semicolon at the end of paragraph (1);
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) with respect to a project for the location of an
airport, the sponsor has--
``(A) provided the metropolitan planning organization
authorized to conduct metropolitan planning for the area in
which the airport is to be located with not less than 30 days
(i) to review the airport master plan or the airport layout
plan in which the project is described and depicted, and (ii)
to submit comments on such plans to the sponsor; and
``(B) included in the sponsor's application to the
Secretary the sponsor's written responses to any comments
made by the metropolitan planning organization.''.

SEC. 302. COMPLIANCE WITH FEDERAL MANDATES.

(a) Use of AIP Grants.--Section 47102(3) is amended--
(1) in subparagraph (E) by inserting ``or under section
40117'' before the period at the end; and
(2) in subparagraph (F) by striking ``paid for by a grant
under this subchapter and''.
(b) Use of Passenger Facility Charges.--Section 40117(a)(3)
is amended by striking subparagraph (F).

SEC. 303. RUNWAY MAINTENANCE PROGRAM.

(a) Authority.--Section 47105 is amended by adding at the
end the following:
``(g) Runway Maintenance Program.--The Secretary may carry
out a pilot program in each of fiscal years 1997, 1998, and
1999 under which the Secretary may approve applications under
this subchapter for not more than 10 projects in each of such
fiscal years to preserve and extend the useful life of
runways and taxiways at any airport for which an amount is
apportioned under section 47114(d).''.
(b) Inclusion in Airport Development Activities.--Section
47102(3) is amended by adding at the end the following:
``(H) preserving and extending the useful life of runways
and taxiways at a public-use airport under the pilot program
authorized by section 47105(g) of this title.''.

SEC. 304. ACCESS TO AIRPORTS BY INTERCITY BUSES.

Section 47107(a) is amended--
(1) by striking ``and'' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting ``; and''; and
(3) by adding at the end the following:
``(20) the airport owner or operator will permit, to the
maximum extent practicable, intercity buses to have access to
the airport.''.

SEC. 305. COST REIMBURSEMENT FOR PROJECTS COMMENCED PRIOR TO
GRANT AWARD.

(a) Cost Reimbursement.--Section 47110(b)(2)(C) is amended
to read as follows:
``(C) if the Government's share is paid only with amounts
apportioned under paragraphs (1) and (2) of section 47114(c)
of this title and if the cost is incurred--
``(i) after September 30, 1996;
``(ii) before a grant agreement is executed for the
project; and
``(iii) in accordance with an airport layout plan approved
by the Secretary and with all

[[Page H10127]]

statutory and administrative requirements that would have
been applicable to the project if the project had been
carried out after the grant agreement had been executed;''.
(b) Use of Discretionary Funds.--Section 47110 is amended
by adding at the end the following:
``(g) Use of Discretionary Funds.--A project for which cost
reimbursement is provided under subsection (b)(2)(C) shall
not receive priority consideration with respect to the use of
discretionary funds made available under section 47115 of
this title even if the amounts made available under
paragraphs (1) and (2) of section 47114(c) are not sufficient
to cover the Government's share of the cost of project.''.

SEC. 306. ISSUANCE OF LETTERS OF INTENT.

Section 47110(e) is amended--
(1) by redesignating paragraph (6) as paragraph (9); and
(2) by inserting after paragraph (5) the following:
``(6) Cost-benefit regulations.--The Secretary shall issue
regulations to require a cost-benefit analysis for any letter
of intent to be issued under paragraph (1) for a project at
an airport that each year has more than .25 percent of the
total passenger boardings in the United States. Until the
date on which such regulations take effect, the Secretary may
not issue a letter of intent under paragraph (1) for any
project that is not yet under construction and that is to be
carried out at an airport described in the preceding
sentence.
``(7) Financing plans.--The Secretary shall require airport
sponsors to provide, as part of any request for a letter of
intent for a project under paragraph (1), specific details on
the proposed financing plan for the project.
``(8) Consideration.--The Secretary shall consider the
effect of a project on overall national air transportation
policy when reviewing requests for letters of intent under
paragraph (1).''.

SEC. 307. SELECTION OF PROJECTS FOR GRANTS FROM DISCRETIONARY
FUND.

Section 47115(d) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) the priority that the State gives to the project;
``(5) the projected growth in the number of passengers that
will be using the airport at which the project will be
carried out; and
``(6) any increase in the number of passenger boardings in
the preceding 12-month period at the airport at which the
project will be carried out, with priority consideration to
be given to projects at airports at which the number of
passenger boardings increased by at least 20 percent as
compared to the number of passenger boardings in the 12-month
period preceding such period.''.

SEC. 308. SMALL AIRPORT FUND.

Section 47116 is amended by adding at the end the
following:
``(d) Priority Consideration for Certain Projects.--In
making grants to sponsors described in subsection (b)(2), the
Secretary shall give priority consideration to multi-year
projects for construction of new runways that the Secretary
finds are cost beneficial and would increase capacity in a
region of the United States.''.

SEC. 309. STATE BLOCK GRANT PROGRAM.

(a) Participating States.--Section 47128 is amended--
(1) in subsection (a) by striking ``7'' and inserting
``10'';
(2) in subsection (b)(1)--
(A) by striking ``(1)''; and
(B) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively; and
(3) by striking subsection (b)(2).
(b) Use of State Priority System.--Section 47128(c) is
amended--
(1) by striking ``(b)(1)(B) or (C)'' and inserting ``(b)(2)
or (b)(3)''; and
(2) by adding at the end the following: ``In carrying out
this subsection, the Secretary shall permit a State to use
the priority system of the State if such system is not
inconsistent with the national priority system.''.
(c) Repeal of Expiration Date.--
(1) In general.--Section 47128 is amended--
(A) by striking ``pilot'' in the section heading;
(B) by striking ``pilot'' in subsection (a); and
(C) by striking subsection (d).
(2) Conforming amendment.--The table of sections for
chapter 471 is amended by striking the item relating to
section 47128 and inserting the following:

``47128. State block grant program.''.

SEC. 310. PRIVATE OWNERSHIP OF AIRPORTS.

(a) Establishment of Program.--
(1) In general.--Subchapter I of chapter 471 is amended by
adding at the end the following:

``Sec. 47132. Private ownership of airports

``(a) Submission of Applications.--If a sponsor intends to
sell an airport or lease an airport for a long term to a
person (other than a public agency), the sponsor and
purchaser or lessee may apply to the Secretary of
Transportation for exemptions under this section.
``(b) Approval of Applications.--The Secretary may approve,
with respect to not more than 6 airports, applications
submitted under subsection (a) granting exemptions from the
following provisions:
``(1) Use of revenues.--
``(A) In general.--The Secretary may grant an exemption to
a sponsor from the provisions of sections 44706(d) and
47107(b) of this title (and any other law, regulation, or
grant assurance) to the extent necessary to permit the
sponsor to recover from the sale or lease of the airport such
amount as may be approved--
``(i) by at least 60 percent of the air carriers serving
the airport; and
``(ii) by the air carrier or air carriers whose aircraft
landing at the airport during the preceding calendar year had
a total landed weight during the preceding calendar year of
at least 60 percent of the total landed weight of all
aircraft landing at the airport during such year.
``(B) Landed weight defined.--In this paragraph, the term
`landed weight' means the weight of aircraft transporting
passengers or cargo, or both, in intrastate, interstate, and
foreign air transportation, as the Secretary determines under
regulations the Secretary prescribes.
``(2) Repayment requirements.--The Secretary may grant an
exemption to a sponsor from the provisions of sections 47107
and 47152 of this title (and any other law, regulation, or
grant assurance) to the extent necessary to waive any
obligation of the sponsor to repay to the Federal Government
any grants, or to return to the Federal Government any
property, received by the airport under this title, the
Airport and Airway Improvement Act of 1982, or any other law.
``(3) Compensation from airport operations.--The Secretary
may grant an exemption to a purchaser or lessee from the
provisions of sections 44706(d) and 47107(b) of this title
(and any other law, regulation, or grant assurance) to the
extent necessary to permit the purchaser or lessee to earn
compensation from the operations of the airport.
``(c) Terms and Conditions.--The Secretary may approve an
application under subsection (b) only if the Secretary finds
that the sale or lease agreement includes provisions
satisfactory to the Secretary to ensure the following:
``(1) The airport will continue to be available for public
use on reasonable terms and conditions and without unjust
discrimination.
``(2) The operation of the airport will not be interrupted
in the event that the purchaser or lessee becomes insolvent
or seeks or becomes subject to any State or Federal
bankruptcy, reorganization, insolvency, liquidation, or
dissolution proceeding or any petition or similar law seeking
the dissolution or reorganization of the purchaser or lessee
or the appointment of a receiver, trustee, custodian, or
liquidator for the purchaser or lessee or a substantial part
of the purchaser or lessee's property, assets, or business.
``(3) The purchaser or lessee will maintain and improve the
facilities of the airport and will submit to the Secretary a
plan for carrying out such maintenance and improvements.
``(4) Every fee of the airport imposed on an air carrier on
the day before the date of the sale or lease of the airport
will not increase faster than the rate of inflation unless a
higher amount is approved--
``(A) by at least 60 percent of the air carriers serving
the airport; and
``(B) by the air carrier or air carriers whose aircraft
landing at the airport during the preceding calendar year had
a total landed weight during the preceding calendar year of
at least 60 percent of the total landed weight of all
aircraft landing at the airport during such year.
``(5) Safety and security at the airport will be maintained
at the highest possible levels.
``(6) The adverse effects of noise from operations at the
airport will be mitigated to the same extent as at a public
airport.
``(7) Any adverse effects on the environment from airport
operations will be mitigated to the same extent as at a
public airport.
``(8) Any collective bargaining agreement that covers
employees of the airport and is in effect on the date of the
sale or lease of the airport will not be abrogated by the
sale or lease.
``(d) Participation of Certain Airports.--If the Secretary
approves under subsection (b) applications with respect to 6
airports, at least one of the airports must be an airport
that is not a commercial service airport.
``(e) Passenger Facility Fees; Apportionments; Service
Charges.--Notwithstanding that the sponsor of an airport
receiving an exemption under subsection (b) is not a public
agency, the sponsor shall not be prohibited from--
``(1) imposing a passenger facility fee under section 40117
of this title;
``(2) receiving apportionments under section 47114 of this
title; or
``(3) collecting reasonable rental charges, landing fees,
and other service charges from aircraft operators under
section 40116(e)(2) of this title.
``(f) Effectiveness of Exemptions.--An exemption granted
under subsection (b) shall continue in effect only so long as
the facilities sold or leased continue to be used for airport
purposes.
``(g) Revocation of Exemptions.--The Secretary may revoke
an exemption issued to a purchaser or lessee of an airport
under subsection (b)(3) if, after providing the purchaser or
lessee with notice and an opportunity to be heard, the
Secretary determines that the purchaser or lessee has
knowingly violated any of the terms specified in subsection
(c) for the sale or lease of the airport.

[[Page H10128]]

``(h) Nonapplication of Provisions to Airports Owned by
Public Agencies.--The provisions of this section requiring
the approval of air carriers in determinations concerning the
use of revenues, and imposition of fees, at an airport shall
not be extended so as to apply to any airport owned by a
public agency that is not participating in the program
established by this section.''.
(2) Conforming amendment.--The table of sections for such
chapter is further amended by adding at the end the
following:

``47132. Private ownership of airports.''.

(b) Taxation.--Section 40116(b) is amended--
(1) by striking ``a State or'' and inserting ``a State,
a''; and
(2) by inserting after ``of a State'' the following: ``,
and any person that has purchased or leased an airport under
section 47132 of this title''.
(c) Resolution of Airport-Air Carrier Disputes Concerning
Airport Fees.--Section 47129(a) is amended by adding at the
end the following:
``(4) Fees imposed by privately-owned airports.--In
evaluating the reasonableness of a fee imposed by an airport
receiving an exemption under section 47132 of this title, the
Secretary shall consider whether the airport has complied
with section 47132(c)(4).''.

SEC. 311. USE OF NOISE SET-ASIDE FUNDS BY NON-AIRPORT
SPONSORS.

Section 47505 is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) in subsection (c), as so redesignated, by striking
``subsection (a) of'' and inserting ``subsection (a) or (b)
of''; and
(3) by inserting after subsection (a) the following:
``(b) Grants to Non-Airport Sponsors.--
``(1) Authority.--The Secretary may make a grant under this
subsection to a State or unit of local government that is not
the owner or operator of the airport for preparation of an
airport land use compatibility plan or implementation of an
airport land use compatibility project.
``(2) Planning authority.--In order to be eligible to
receive a grant under this subsection for preparation of an
airport land use compatibility plan, the State or unit of
local government must have authority to plan and adopt land
use control measures, including zoning, in the planning area.
``(3) Coordination of planning activities.--
``(A) Consistency with other planning.--An airport land use
compatibility plan prepared by a State or unit of local
government under this subsection may not duplicate or be
inconsistent with an airport noise compatibility program
prepared by an airport operator under this chapter or with
other planning carried out by the airport operator.
``(B) Consultation with airport owners and operators.--A
State or unit of local government receiving a grant under
this subsection for preparation of an airport land use
compatibility plan shall consult with the owner or operator
of the airport for which the plan is being prepared regarding
any recommended airport land use compatibility measure
identified in the plan and any aviation data on which such
recommendation is made.
``(4) Approval of airport owner or operator required.--The
Secretary may make a grant to a State or unit of local
government under this subsection for preparation of an
airport land use compatibility plan or implementation of an
airport land use compatibility project only after receiving
the approval of the owner or operator of the airport for
which the plan or project is being prepared or implemented.
Such approval shall be based on whether the plan or program,
including the use of any noise exposure contours on which the
plan or project is based, has been coordinated with the
airport and is consistent with the airport's operations and
planning.
``(5) Written assurances.--The Secretary may make a grant
to a State or unit of local government under this subsection
only after receiving from the State or unit of local
government such written assurances as the Secretary
determines necessary to achieve the purposes of this
subsection.
``(6) Guidelines.--The Secretary may establish guidelines
in carrying out this subsection.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Airport compatible land use.--The term `airport
compatible land use' means any land use that is usually
compatible with--
``(i) the noise levels associated with an airport, as
established under this chapter;
``(ii) airport design standards issued by the
Administrator; and
``(iii) regulations issued to carry out section 44718 of
this title.
``(B) Airport land use compatibility plan.--The term
`airport land use compatibility plan' means the product of a
process to determine the extent, type, nature, location, and
timing of measures to improve the compatibility of land use
with the existing forecast level of aviation activity at an
airport.
``(C) Airport land use compatibility project.--The term
`airport land use compatibility project' means a project that
is contained in an airport land use compatibility plan and
determined by the Administrator to enhance airport compatible
land use.''.
TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. ELIMINATION OF DUAL MANDATE.

(a) Safety as Highest Priority.--Section 40101(d) is
amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) assigning, maintaining, and enhancing safety and
security as the highest priorities in air commerce.''.
(b) Elimination of Promotion.--
(1) Policy.--Section 40101(d) is further amended--
(A) in paragraph (2), as redesignated by subsection (a)(1)
of this section, by striking ``its development and''; and
(B) in paragraph (3), as so redesignated--
(i) by striking ``promoting, encouraging,'' and inserting
``encouraging''; and
(ii) by inserting before the period at the end ``,
including new aviation technology''.
(2) Development.--Section 40104(a) is amended by striking
``and air commerce''.
(3) Conforming amendments.--Chapter 401 is amended--
(A) in the heading to section 40104 by striking ``and air
commerce'';
(B) in the subsection heading to section 40104(a) by
striking ``and Air Commerce''; and
(C) in the item relating to section 40104 in the table of
sections at the beginning of the chapter by striking ``and
air commerce''.

SEC. 402. PURCHASE OF HOUSING UNITS.

Section 40110 is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Purchase of Housing Units.--
``(1) Authority.--In carrying out this part, the
Administrator may purchase a housing unit (including a
condominium or a housing unit in a building owned by a
cooperative) that is located outside the contiguous United
States if the cost of the unit is $200,000 or less.
``(2) Continuing obligations.--Notwithstanding section 1341
of title 31, the Administrator may purchase a housing unit
under paragraph (1) even if there is an obligation thereafter
to pay necessary and reasonable fees duly assessed upon such
unit, including fees related to operation, maintenance,
taxes, and insurance.
``(3) Certification to congress.--The Administrator may
purchase a housing unit under paragraph (1) only if, at least
30 days before completing the purchase, the Administrator
transmits to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing--
``(A) a description of the housing unit and its price;
``(B) a certification that the price does not exceed the
median price of housing units in the area; and
``(C) a certification that purchasing the housing unit is
the most cost-beneficial means of providing necessary
accommodations in carrying out this part.
``(4) Payment of fees.--The Administrator may pay, when
due, fees resulting from the purchase of a housing unit under
this subsection from any amounts made available to the
Administrator.''.

SEC. 403. TECHNICAL CORRECTION RELATING TO STATE TAXATION.

Section 40116(b) is amended by striking ``subsection (c) of
this section and''.

SEC. 404. USE OF PASSENGER FACILITY FEES FOR DEBT FINANCING
PROJECT.

Section 40117(a)(3) is amended by adding at the end the
following:
``(G) for debt financing of a terminal development project
at a commercial service airport that each year has .05
percent or less of the total passenger boardings in the
United States if construction began on the project after
November 5, 1988, and before November 5, 1990, and the
eligible agency certifies that no other eligible airport-
related projects affecting safety, security, or capacity will
be deferred by the debt financing project.''.

SEC. 405. CLARIFICATION OF PASSENGER FACILITY REVENUES AS
CONSTITUTING TRUST FUNDS.

Section 40117(g) is amended by adding at the end the
following:
``(4) Passenger facility revenues that are held by an air
carrier or an agent of the carrier after collection of a
passenger facility fee constitute a trust fund that is held
by the air carrier or agent for the beneficial interest of
the eligible agency imposing the fee. Such carrier or agent
holds neither legal nor equitable interest in the passenger
facility revenues except for any handling fee or retention of
interest collected on unremitted proceeds as may be allowed
by the Secretary.''.

SEC. 406. PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION.

(a) In General.--Chapter 401 is amended by redesignating
section 40120 as section 40121 and by inserting after section
40119 the following:

``Sec. 40120. Protection of voluntarily submitted information

``(a) General Rule.--Notwithstanding any other provision of
law, neither the Administrator of the Federal Aviation
Administration, nor any agency receiving information from the
Administrator, may disclose voluntarily provided safety or
security related information if the Administrator finds
that--

[[Page H10129]]

``(1) the disclosure of the information would inhibit the
voluntary provision of that type of information;
``(2) the receipt of that type of information would aid in
fulfilling the Administrator's safety and security
responsibilities; and
``(3) the withholding of the information would not be
inconsistent with the Administrator's safety and security
responsibilities.
``(b) Regulations.--The Administrator shall issue
regulations to carry out this section.''.
(b) Conforming Amendment.--The table of sections for
chapter 401 is amended by striking the item relating to
section 40120 and inserting the following:

``40120. Protection of voluntarily submitted information.
``40121. Relationship to other laws.''.

SEC. 407. SUPPLEMENTAL TYPE CERTIFICATES.

Section 44704 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Supplemental Type Certificates.--
``(1) Issuance.--The Administrator may issue a type
certificate designated as a supplemental type certificate for
a change to an aircraft, aircraft engine, propeller, or
appliance.
``(2) Contents.--A supplemental type certificate issued
under paragraph (1) shall consist of the change to the
aircraft, aircraft engine, propeller, or appliance with
respect to the previously issued type certificate for the
aircraft, aircraft engine, propeller, or appliance.
``(3) Requirement.--If the holder of a supplemental type
certificate agrees to permit another person to use the
certificate to modify an aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the other
person with written evidence, in a form acceptable to the
Administrator, of that agreement. A person may change an
aircraft, aircraft engine, propeller, or appliance based on a
supplemental type certificate only if the person requesting
the change is the holder of the supplemental type certificate
or has permission from the holder to make the change.''.

SEC. 408. RESTRICTION ON USE OF REVENUES.

(a) In General.--Section 44706 is amended by adding at the
end the following:
``(d) Use of Revenues.--
``(1) Prohibition.--A person holding an airport operating
certificate under this section may not expend local taxes on
aviation fuel (except taxes in effect on December 30, 1987)
or the revenues generated by the airport for any purpose
other than the capital or operating costs of--
``(A) the airport;
``(B) the local airport system; or
``(C) other local facilities owned or operated by the
person and directly and substantially related to the air
transportation of passengers or property.
``(2) Exceptions.--Paragraph (1) does not apply--
``(A) if a provision enacted not later than September 2,
1982, in a law controlling financing by the owner or
operator, or a covenant or assurance in a debt obligation
issued not later than September 2, 1982, by the owner or
operator, provides that the revenues, including local taxes
on aviation fuel at public airports, from any of the
facilities of the owner or operator, including the airport,
be used to support not only the airport but also the general
debt obligations or other facilities of the owner or
operator; or
``(B) if the airport operating certificate is for a
heliport.
``(3) Authority to issue waivers to airports not receiving
grant assistance.--The Administrator may waive the
application of paragraph (1) with respect to any airport that
has not received grant assistance under chapter 471 of this
title or the Airport and Airway Improvement Act of 1982 in
the 10-year period ending on the date of the enactment of
this subsection.
``(4) Limitation on statutory construction.--This
subsection does not prevent the use of a State tax on
aviation fuel to support a State aviation program or the use
of airport revenue on or off the airport for a noise
mitigation purpose.''.
(b) Penalties.--Section 46301(a)(5) is amended to read as
follows:
``(5) Penalty for diversion of aviation revenues.--The
amount of a civil penalty assessed under this section for a
violation of section 47107(b) of this title (or any assurance
made under such section) or section 44706(d) of this title
may be increased above the otherwise applicable maximum
amount under this section to an amount not to exceed 3 times
the amount of revenues that are used in violation of such
section.''.

SEC. 409. CERTIFICATION OF SMALL AIRPORTS.

(a) In General.--Section 44706(a) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) that is not located in the State of Alaska and serves
any scheduled passenger operation of an air carrier operating
aircraft designed for more than 9 passenger seats but less
than 31 passenger seats; and'';
(3) by striking ``and'' at the end of paragraph (3), as
redesignated by paragraph (1) of this subsection;
(4) by striking ``(3) when'' and inserting ``if''; and
(5) by moving the matter following paragraph (3), as
redesignated by paragraph (1) of this subsection, to the left
flush full measure.
(b) Commuter Airports.--Section 44706 is amended by adding
at the end the following:
``(e) Commuter Airports.--In developing the terms required
by subsection (b) for airports covered by subsection (a)(2),
the Administrator shall identify and consider a reasonable
number of regulatory alternatives and select from such
alternatives the least costly, most cost-effective or the
least burdensome alternative that will provide comparable
safety at airports described in subsections (a)(1) and
(a)(2).''.
(c) Effective Date.--Section 44706 is further amended by
adding at the end the following:
``(f) Effective Date.--Any regulation establishing the
terms required by subsection (b) for airports covered by
subsection (a)(2) shall not take effect until such
regulation, and a report on the economic impact of the
regulation on air service to the airports covered by the
rule, has been submitted to Congress and 120 days have
elapsed following the date of such submission.''.
(d) Limitation on Statutory Construction.--Section 44706 is
further amended by adding at the end the following:
``(g) Limitation on Statutory Construction.--Nothing in
this title may be construed as requiring a person to obtain
an airport operating certificate if such person does not
desire to operate an airport described in subsection (a).''.

SEC. 410. EMPLOYMENT INVESTIGATIONS OF PILOTS.

(a) Employment Investigations.--
(1) In general.--Chapter 447 is amended by adding at the
end the following:

``Sec. 44724. Preemployment review of prospective pilot
records

``(a) Pilot Records.--
``(1) In general.--Before allowing an individual to begin
service as a pilot, an air carrier shall request and receive
the following information:
``(A) FAA records.--From the Administrator of the Federal
Aviation Administration, information pertaining to the
individual that is maintained by the Administrator
concerning--
``(i) current airman certificates (including airman medical
certificates) and associated type ratings, including any
limitations thereon; and
``(ii) summaries of legal enforcement actions which have
resulted in a finding by the Administrator of a violation of
this title or a regulation prescribed or order issued under
this title and which have not been subsequently overturned.
``(B) Air carrier records.--From any air carrier (or the
trustee in bankruptcy for the air carrier) that has employed
the individual at any time during the 5-year period preceding
the date of the employment application of the individual--
``(i) records pertaining to the individual that are
maintained by an air carrier (other than records relating to
flight time, duty time, or rest time) under regulations set
forth in--

``(I) section 121.683 of title 14, Code of Federal
Regulations;
``(II) paragraph (A) of section VI, appendix I, part 121 of
such title;
``(III) paragraph (A) of section IV, appendix J, part 121
of such title;
``(IV) section 125.401 of such title; and
``(V) section 135.63(a)(4) of such title; and

``(ii) other records pertaining to the individual that are
maintained by the air carrier concerning--

``(I) the training, qualifications, proficiency, or
professional competence of the individual, including comments
and evaluations made by a check airman designated in
accordance with section 121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action relating to the training,
qualifications, proficiency, or professional competence of
the individual which was taken by the air carrier with
respect to the individual and which was not subsequently
overturned by the air carrier; and
``(III) any release from employment or resignation,
termination (if related to the individual's training,
professional qualification, proficiency, or professional
competence), or disqualification with respect to employment.

``(C) National driver register records.--From the chief
driver licensing official of a State, information concerning
the motor vehicle driving record of the individual in
accordance with section 30305(b)(7) of this title.
``(2) 5-year reporting period.--A person is not required to
furnish a record in response to a request made under
paragraph (1) if the record was entered more than 5 years
before the date of the request, unless the information is
about a revocation or suspension of an airman certificate or
motor vehicle license that is still in effect on the date of
the request.
``(3) Requirement to maintain records.--The Administrator
and each air carrier (or the trustee in bankruptcy for the
air carrier) shall maintain pilot records described in
paragraph (1) for a period of at least 5 years.
``(4) Written consent for release.--Neither the
Administrator nor any air carrier may furnish a record in
response to a request made under paragraph (1) (A) or (B)
without first obtaining the written consent of the individual
whose records are being requested.
``(5) Deadline for provision of information.--A person who
receives a request for records under paragraph (1) shall
furnish, on or before the 30th day following the date of

[[Page H10130]]

receipt of the request (or on or before the 30th day
following the date of obtaining the written consent of the
individual in the case of a request under paragraph (1) (A)
or (B)), all of the records maintained by the person that
have been requested.
``(6) Right to receive notice and copy of any record
furnished.--A person who receives a request for records under
paragraph (1) shall provide to the individual whose records
have been requested--
``(A) on or before the 20th day following the date of
receipt of the request, written notice of the request and of
the individual's right to receive a copy of such records; and
``(B) in accordance with paragraph (9), a copy of such
records, if requested by the individual.
``(7) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request for
records under paragraph (1) or (9) may establish a reasonable
charge for the cost of processing the request and furnishing
copies of the requested records.
``(8) Right to correct inaccuracies.--An air carrier that
receives the records of an individual under paragraph (1)(B)
shall provide the individual with a reasonable opportunity to
submit written comments to correct any inaccuracies contained
in the records before making a final hiring decision with
respect to the individual.
``(9) Right of pilot to review certain records.--
Notwithstanding any other provision of a law or agreement, an
air carrier shall, upon written request from a pilot employed
by such carrier, make available, within a reasonable time of
the request, to the pilot for review any and all employment
records referred to in paragraph (1)(B) pertaining to the
pilot's employment.
``(10) Privacy protections.--
``(A) Use of records.--An air carrier or employee of an air
carrier that receives the records of an individual under
paragraph (1) may use such records only to assess the
qualifications of the individual in deciding whether or not
to hire the individual as a pilot.
``(B) Required actions.--Subject to subsection (c), the air
carrier or employee of an air carrier shall take such actions
as may be necessary to protect the privacy of the pilot and
the confidentiality of the records, including ensuring that
the information contained in the records is not divulged to
any individual that is not directly involved in the hiring
decision.
``(C) Individuals not hired.--If the individual is not
hired, the air carrier shall destroy or return the records of
the individual received under paragraph (1); except that the
air carrier may retain any records needed to defend its
decisions not to hire the individual.
``(11) Standard forms.--The Administrator may promulgate--
``(A) standard forms which may be used by an air carrier to
request the records of an individual under paragraph (1); and
``(B) standard forms which may be used by a person who
receives a request for records under paragraph (1) to obtain
the written consent of the individual and to inform the
individual of the request and of the individual's right to
receive a copy of any records furnished in response to the
request.
``(12) Regulations.--The Administrator may prescribe such
regulations as may be necessary--
``(A) to protect the personal privacy of any individual
whose records are requested under paragraph (1) and to
protect the confidentiality of those records;
``(B) to preclude the further dissemination of records
received under paragraph (1) by the air carrier who requested
them; and
``(C) to ensure prompt compliance with any request under
paragraph (1).
``(b) Limitation on Liability; Preemption of State and
Local Law.--
``(1) Limitation on liability.--No action or proceeding may
be brought by or on behalf of an individual who is seeking a
position with an air carrier as a pilot against--
``(A) the air carrier for requesting the individual's
records under subsection (a)(1);
``(B) a person who has complied with such request and in
the case of a request under subsection (a)(1) (A) or (B) has
obtained the written consent of the individual;
``(C) a person who has entered information contained in the
individual's records; or
``(D) an agent or employee of a person described in
subparagraph (A) or (B);
in the nature of an action for defamation, invasion of
privacy, negligence, interference with contract, or
otherwise, or under any Federal, State, or local law with
respect to the furnishing or use of such records in
accordance with subsection (a).
``(2) Preemption.--No State or political subdivision
thereof may enact, prescribe, issue, continue in effect, or
enforce any law, regulation, standard, or other provision
having the force and effect of law that prohibits, penalizes,
or imposes liability for furnishing or using records in
accordance with subsection (a).
``(3) Provision of knowingly false information.--Paragraphs
(1) and (2) shall not apply with respect to a person that
furnishes in response to a request made under subsection
(a)(1) information that the person knows is false.
``(c) Limitation on Statutory Construction.--Nothing in
this section shall be construed as precluding the
availability of the records of a pilot in an investigation or
other proceeding concerning an accident or incident conducted
by the Secretary, the National Transportation Safety Board,
or a court.''.
(2) Chapter analysis amendment.--The analysis for chapter
447 is amended by adding at the end the following:

``44724. Preemployment review of prospective pilot records.''.

(3) Conforming amendment.--Section 30305(b) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following:
``(7) An individual who is employed or seeking employment
by an air carrier as a pilot may request the chief driver
licensing official of a State to provide information about
the individual under subsection (a) of this section to the
individual's prospective employer or to the Secretary of
Transportation. Information may not be obtained from the
Register under this paragraph if the information was entered
in the Register more than 5 years before the request, unless
the information is about a revocation or suspension still in
effect on the date of the request.''.
(4) Civil penalties.--Section 46301 is amended by inserting
``44724,'' after ``44716,'' in each of subsections (a)(1)(A),
(a)(2)(A), (d)(2), and (f)(1)(A)(i).
(5) Applicability.--The amendments made by this subsection
shall apply to an air carrier hiring an individual as a pilot
if the application of the individual for employment as a
pilot is initially received by the air carrier on or after
the 120th day after the date of the enactment of this Act.
(b) Rulemaking To Establish Minimum Standards for Pilot
Qualifications.--Not later than 18 months after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a notice of a proposed
rulemaking to establish--
(1) minimum standards and criteria for preemployment
screening tests measuring the biographical factors
(psychomotor coordination), general intellectual capacity,
instrument and mechanical comprehension, and physical fitness
of an applicant for employment as a pilot by an air carrier;
and
(2) minimum standards and criteria for pilot training
facilities which will be licensed by the Administrator and
which will assure that pilots trained at such facilities meet
the preemployment screening standards and criteria described
in paragraph (1).
(c) Sharing Armed Services Records.--
(1) Study.--The Administrator, in conjunction with the
Secretary of Defense, shall conduct a study to determine the
relevance and appropriateness of requiring the Secretary of
Defense to provide to an air carrier, upon request in
connection with the hiring of an individual as a pilot,
records of the individual concerning the individual's
training, qualifications, proficiency, professional
competence, or terms of discharge from the Armed Forces.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.
(d) Minimum Flight Time.--
(1) Study.--The Administrator shall conduct a study to
determine whether current minimum flight time requirements
applicable to individuals seeking employment as a pilot with
an air carrier are sufficient to ensure public safety.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.

SEC. 411. CHILD PILOT SAFETY.

(a) Manipulation of Flight Controls.--
(1) In General.--Chapter 447 is amended by adding at the
end the following:

``Sec. 44725. Manipulation of flight controls

``(a) Prohibition.--No pilot in command of an aircraft may
allow an individual who does not hold--
``(1) a valid private pilots certificate issued by the
Administrator of the Federal Aviation Administration under
part 61 of title 14, Code of Federal Regulations; and
``(2) the appropriate medical certificate issued by the
Administrator under part 67 of such title,

to manipulate the controls of an aircraft if the pilot knows
or should have known that the individual is attempting to set
a record or engage in an aeronautical competition or
aeronautical feat, as defined by the Administrator.
``(b) Revocation of Airmen Certificates.--The Administrator
shall issue an order revoking a certificate issued to an
airman under section 44703 of this title if the Administrator
finds that while acting as a pilot in command of an aircraft,
the airman has permitted another individual to manipulate the
controls of the aircraft in violation of subsection (a).
``(c) Pilot in Command Defined.--In this section, the term
`pilot in command' has the meaning given such term by section
1.1 of title 14, Code of Federal Regulations.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``44725. Manipulation of flight controls.''.

(b) Children Flying Aircraft.--
(1) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study of the impacts of
children flying aircraft.
(2) Considerations.--In conducting the study, the
Administrator shall consider the effects of imposing any
restrictions on children flying aircraft on safety and on the
future of general aviation in the United States.

[[Page H10131]]

(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall issue a report
containing the results of the study, together with
recommendations on--
(A) whether the restrictions established by the amendment
made by subsection (a)(1) should be modified or repealed; and
(B) whether certain individuals or groups should be exempt
from any age, altitude, or other restrictions that the
Administrator may impose by regulation.
(4) Regulations.--As a result of the findings of the study,
the Administrator may issue regulations imposing age,
altitude, or other restrictions on children flying aircraft.

SEC. 412. DISCRETIONARY AUTHORITY FOR CRIMINAL HISTORY
RECORDS CHECKS.

(a) In General.--Section 44936(a)(1) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(1) The Administrator'' and inserting the
following:
``(1) Employees.--
``(A) Persons with access to aircraft and other secured
areas.--The Administrator'';
(3) by moving the remainder of the text of subparagraph (A)
(as designated by paragraph (2) of this subsection),
including clauses (i) and (ii) (as designated by paragraph
(1) of this subsection), 2 ems to the right; and
(4) by adding at the end the following:
``(B) Persons responsible for screening passengers and
property.--
``(i) In general.--The Administrator may require by
regulation that an employment investigation (including a
criminal history record check in cases in which the
employment investigation reveals a gap in employment of 12
months or more that the individual does not satisfactorily
account for) be conducted for individuals who will be
responsible for screening passengers and property under
section 44901 of this title and their supervisors.
``(ii) Special rule.--If an individual requires a criminal
history record check under clause (i), the individual may be
employed as a screener until the check is completed if the
individual is subject to supervision.''.
(b) Conforming Amendments.--Section 44936(a)(2) is
amended--
(1) by striking ``(2) An air carrier'' and inserting the
following:
``(2) Responsibility of air carriers, foreign air carriers,
and airport operators.--An air carrier''; and
(2) by moving the remainder of the text of the paragraph 2
ems to the right.
(c) Applicability.--The amendment made by subsection (a)(4)
shall not apply to an individual employed as a screener, or a
supervisor of screeners, on the day before the date of the
enactment of this Act.

SEC. 413. IMPOSITION OF FEES.

(a) In General.--Chapter 453 is amended by adding at the
end the following:

``Sec. 45304. Prohibition on imposition of unauthorized fees;
fees for services provided to certain aircraft

``(a) Prohibition.--Notwithstanding any other provision of
law, the Administrator of the Federal Aviation Administration
shall not impose any fee that is not in effect on the date of
the enactment of this section unless the fee is expressly
authorized by law.
``(b) Authority To Impose Fees.--
``(1) In general.--The Administrator is authorized to
establish a schedule of fees (and a collection process for
such fees), to be effective not later than 60 days after the
date of the enactment of this section, solely to recover the
costs incurred by the Administrator in providing air traffic
control services to aircraft that neither take off from nor
land in the United States.
``(2) Persons subject to fee.--Fees may be assessed under
paragraph (1) only on aircraft that neither take off from nor
land in the United States; except that such fees shall not
apply to foreign government aircraft.
``(3) Limitation on manner of collection.--Fees may be
assessed and collected under this subsection only in such
manner as may reasonably be expected to result in the
collection of an aggregate amount of fees during any fiscal
year which does not exceed the aggregate costs of the
Administrator for such year in providing the services
referred to in paragraph (1).
``(4) Limitation on amount of fee.--The amount of any fee
assessed under this subsection on any aircraft may not exceed
the amount which is reasonably based on the proportion of the
services referred to in paragraph (1) which relate to such
aircraft.
``(5) Target amount of aggregate fees.--To the extent
permitted by the preceding provisions of this subsection,
fees under the schedule referred to in paragraph (1) shall be
at levels that will recover not less than $30,000,000 in the
first year in which the fees are implemented.''.
(b) Conforming Amendment.--The table of sections for such
chapter is amended by adding at the end the following new
item:

``45304. Prohibition on imposition of unauthorized fees; fees for
services provided to certain aircraft.''.

SEC. 414. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR CLOSED OR
REALIGNED MILITARY BASE.

Notwithstanding any other provision of a law, rule, or
grant assurance, an airport that is not a commercial service
airport may be closed by its sponsor without any obligation
to repay grants made under chapter 471 of title 49, United
States Code, the Airport and Airway Improvement Act of 1982,
or any other law if the airport is located within 3 miles of
a military base which has been closed or realigned.

SEC. 415. CONSTRUCTION OF RUNWAYS.

Notwithstanding section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 1996
(109 Stat. 457) or any other provision of law that
specifically restricts the number of runways at a single
international airport, the Secretary of Transportation may
obligate funds under chapters 471 and 481 of title 49, United
States Code, for any project to construct a new runway at
such airport, unless this section is expressly repealed.

SEC. 416. GADSDEN AIR DEPOT, ALABAMA.

(a) Authority To Grant Waivers.--Notwithstanding section 16
of the Federal Airport Act (as in effect on May 4, 1949), the
Secretary is authorized, subject to the provisions of section
47153 of title 49, United States Code, and the provisions of
subsection (b) of this section, to waive any of the terms
contained in the deed of conveyance dated May 4, 1949, under
which the United States conveyed certain property to the city
of Gadsden, Alabama, for airport purposes.
(b) Conditions.--Any waiver granted under subsection (a)
shall be subject to the following conditions:
(1) The city of Gadsden, Alabama, shall agree that, in
conveying any interest in the property which the United
States conveyed to the city by a deed described in subsection
(a), the city will receive an amount for such interest which
is equal to the fair market value of such interest (as
determined pursuant to regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport, lands (including any
improvements thereto) which produce revenues that are used
for airport development purposes, or both.

SEC. 417. REGULATIONS AFFECTING INTRASTATE AVIATION IN
ALASKA.

In modifying regulations contained in title 14, Code of
Federal Regulations, in a manner affecting intrastate
aviation in Alaska, the Administrator of the Federal Aviation
Administration shall consider the extent to which Alaska is
not served by transportation modes other than aviation, and
shall establish such regulatory distinctions as the
Administrator considers appropriate.

SEC. 418. WESTCHESTER COUNTY AIRPORT, NEW YORK.

Notwithstanding sections 47107(b) and 44706(d) of title 49,
United States Code, and any other law, regulation, or grant
assurance, all fees received by Westchester County Airport in
the State of New York may be paid into the treasury of
Westchester County pursuant to section 119.31 of the
Westchester County Charter if the Secretary finds that the
expenditures from such treasury for the capital and operating
costs of the Airport after December 31, 1990, have been and
will be equal to or greater than the fees that such treasury
receives from the Airport.

SEC. 419. BEDFORD AIRPORT, PENNSYLVANIA.

If the Administrator of the Federal Aviation Administration
decommissions an instrument landing system in Pennsylvania,
the Administrator shall, if feasible, transfer and install
the system at Bedford Airport, Pennsylvania.

SEC. 420. LOCATION OF DOPPLER RADAR STATIONS, NEW YORK.

(a) Prohibition.--No Federal funds may be used for the
construction of a Doppler radar station at the Coast Guard
station in Brooklyn, New York.
(b) Construction of Offshore Platforms.--
(1) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study of the feasibility of
constructing 2 offshore platforms to serve as sites for the
location of Doppler radar stations for John F. Kennedy
International Airport and LaGuardia Airport in New York City,
New York.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under
paragraph (1), including proposed locations for the offshore
platforms. Such locations shall be as far as possible from
populated areas while providing appropriate safety measures
for John F. Kennedy International Airport and LaGuardia
Airport.
(c) Limitation.--The Administrator shall not begin
construction of a Doppler radar station for John F. Kennedy
International Airport or LaGuardia Airport at any location
before submitting a report under subsection (b).

SEC. 421. WORCESTER MUNICIPAL AIRPORT, MASSACHUSETTS.

The Secretary of Transportation shall take such actions as
may be necessary to improve the safety of aircraft landing at
Worcester Municipal Airport, Massachusetts, including, if
appropriate, providing air traffic radar service to such
airport from the Providence Approach Radar Control in
Coventry, Rhode Island.

SEC. 422. CENTRAL FLORIDA AIRPORT, SANFORD, FLORIDA.

The Secretary of Transportation shall take such actions as
may be necessary to improve the safety of aircraft landing at
Central Florida Airport, Sanford, Florida, including, if
appropriate, providing a new instrument landing system on
Runway 27R.

[[Page H10132]]

SEC. 423. AIRCRAFT NOISE OMBUDSMAN.

Section 106 is amended by redesignating subsection (k), as
amended by section 103 of this Act, as subsection (l) and by
inserting after subsection (j) the following:
``(k) Aircraft Noise Ombudsman.--
``(1) Establishment.--There shall be in the Administration
an Aircraft Noise Ombudsman.
``(2) General duties and responsibilities.--The Ombudsman
shall--
``(A) be appointed by the Administrator;
``(B) serve as a liaison with the public on issues
regarding aircraft noise; and
``(C) be consulted when the Administration proposes changes
in aircraft routes so as to minimize any increases in
aircraft noise over populated areas.''.

SEC. 424. SPECIAL RULE FOR PRIVATELY OWNED RELIEVER AIRPORTS.

Section 47109 is amended by adding at the end the
following:
``(c) Special Rule for Privately Owned Reliever Airports.--
If a privately owned reliever airport contributes any lands,
easements, or rights-of-way to carry out a project under this
subchapter, the current fair market value of such lands,
easements, or rights-of-way shall be credited toward the non-
Federal share of allowable project costs.''.
TITLE V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES

SEC. 501. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURES.

(a) Extension of Expenditure Authority.--Paragraph (1) of
section 9502(d) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 1996'' and inserting
``October 1, 1999''.
(b) Extension of Trust Fund Purposes.--Subparagraph (A) of
section 9502(d)(1) of such Code is amended by inserting
before the semicolon at the end ``or the Federal Aviation
Authorization Act of 1996''.
TITLE VI--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND
DEVELOPMENT

SEC. 601. SHORT TITLE.

This title may be cited as the ``FAA Research, Engineering,
and Development Management Reform Act of 1996''.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

Section 48102(a) is amended--
(1) by striking ``and'' at the end of paragraph (1)(J);
(2) by striking the period at the end of paragraph (2)(J)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) for fiscal year 1997--
``(A) $10,000,000 for system development and infrastructure
projects and activities;
``(B) $39,911,000 for capacity and air traffic management
technology projects and activities;
``(C) $20,371,000 for communications, navigation, and
surveillance projects and activities;
``(D) $6,411,000 for weather projects and activities;
``(E) $6,000,000 for airport technology projects and
activities;
``(F) $37,978,000 for aircraft safety technology projects
and activities;
``(G) $36,045,000 for system security technology projects
and activities;
``(H) $23,682,000 for human factors and aviation medicine
projects and activities;
``(I) $3,800,000 for environment and energy projects and
activities; and
``(J) $1,500,000 for innovative/cooperative research
projects and activities.''.

SEC. 603. RESEARCH PRIORITIES.

Section 48102(b) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``Availability for Research.--(1)'' and
inserting in lieu thereof ``Research Priorities.--(1) The
Administrator shall consider the advice and recommendations
of the research advisory committee established by section
44508 of this title in establishing priorities among major
categories of research and development activities carried out
by the Federal Aviation Administration.
``(2)''.

SEC. 604. RESEARCH ADVISORY COMMITTEE.

Section 44508(a)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) annually review the allocation made by the
Administrator of the amounts authorized by section 48102(a)
of this title among the major categories of research and
development activities carried out by the Administration and
provide advice and recommendations to the Administrator on
whether such allocation is appropriate to meet the needs and
objectives identified under subparagraph (A).''.

SEC. 605. NATIONAL AVIATION RESEARCH PLAN.

Section 44501(c) is amended--
(1) in paragraph (2)(A) by striking ``15-year'' and
inserting in lieu thereof ``5-year'';
(2) by amending subparagraph (B) to read as follows:
``(B) The plan shall--
``(i) provide estimates by year of the schedule, cost, and
work force levels for each active and planned major research
and development project under sections 40119, 44504, 44505,
44507, 44509, 44511-44513, and 44912 of this title, including
activities carried out under cooperative agreements with
other Federal departments and agencies;
``(ii) specify the goals and the priorities for allocation
of resources among the major categories of research and
development activities, including the rationale for the
priorities identified;
``(iii) identify the allocation of resources among long-
term research, near-term research, and development
activities; and
``(iv) highlight the research and development activities
that address specific recommendations of the research
advisory committee established under section 44508 of this
title, and document the recommendations of the committee that
are not accepted, specifying the reasons for
nonacceptance.''; and
(3) in paragraph (3) by inserting ``, including a
description of the dissemination to the private sector of
research results and a description of any new technologies
developed'' after ``during the prior fiscal year''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Shuster] and the gentleman from Minnesota [Mr.
Oberstar] each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Shuster].
Mr. SHUSTER. Madam Speaker, I yield myself 5 minutes.
Madam Speaker, I first have the pleasant task of announcing that this
is the birthday of the distinguished ranking member, the gentleman from
Minnesota [Mr. Oberstar]. I know all of my colleagues join me in
wishing him a very happy birthday.
Now, Madam Speaker, I would emphasize just as heartily that this
bipartisan legislation before us must be passed because if it is not
passed, the airports across America will get no money in the coming
year. Indeed, the recent tragedies involving ValuJet and TWA raised our
consciousness about the need for improvements in aviation safety and
security.
The House already passed our bill to make the FAA an independent
agency. Shortly before the August recess, the House passed
antiterrorism legislation. And we will soon bring to the floor a bill
to address the complaints heard from the families who lost loved ones
in airline disasters.
This bill takes another important step in efforts to improve safety
and security. It authorizes funding for aviation security improvements
such as new bomb detection systems. The bill also provides important
funding for increasing airport capacity to meet the growing needs of
the aviation system which will grow, we are told, by 4 to 5 percent a
year. Indeed, as we move into the next century we will soon be
experiencing over a billion passengers flying commercially in America
each year.
FAA Administrator Hinson has continuously stated that the single most
important constraint in the aviation system is the lack of airport
capacity. In 1996 funding for AIP was only $1.45 billion, even though
the authorized level was $2.2 billion and at that time there was a $5
billion surplus in the Aviation Trust Fund. Indeed, if the Aviation
Trust Fund were taken off budget, airport needs could be met and the
huge surpluses in the trust fund would not be created.
Those airport needs are not uniform. Smaller airports depend even
more heavily on AIP funds. When a low AIP funding level forces the FAA
to turn down an airport's AIP grant, if it is a large airport that
airport has lost a small amount of its funding sources. However, a
small airport often cannot proceed with a project without an AIP grant.

Nevertheless, over the past few years small nonhub airports have seen
their entitlement cut by as much as 23 percent. Small commercial
service airports have seen their set-aside cut by 40 percent. One of
our goals, therefore, in this bill is to revise the AIP program and
make sure the smaller airports get their fair share.
This bill simplifies the formulas. It reauthorizes the AIP program
for 3 years and ensures that every primary airport, both large hubs and
small nonhubs, receive an increase in their passenger entitlement;
increases the small airport fund; provides a minimum discretionary fund
that contains enough money to ensure that all previously issued letters
of intent are met; includes an airport privatization test program for
six airports, subject to DOT approval and the airlines affected;
imposes treble damages on anyone violating the prohibition against
revenue diversion; and makes baggage screeners subject to background
checks.

[[Page H10133]]

The bill before us today does differ from the one reported by the
committee in the following ways:
It includes a National Civil Aviation Review Commission recommended
by Congressman Wolf; it includes a pilot program allowing FAA to
experiment with innovative financing techniques, as suggested by the
Department of Transportation. It eliminates the dual mandate that
requires FAA to both promote and regulate air commerce. Elimination of
this dual mandate would not prevent the FAA from considering the costs
of its regulatory actions but would make clear that safety is its No. 1
priority. Indeed, we would expect FAA to continue its rigorous cost
benefit analyses. It clarifies passenger facility charges belong to
airports and should not become part of a bankrupt airline's estate,
that small airports do not have to seek certification if they do not
want commuter service; includes H.R. 3267 the Child Pilot Safety Act,
Report 104-683, includes H.R. 3536 the Airline Pilot Hiring and Safety
Act, Report 104-684; makes changes to foreign airline overflight fee
provisions that were requested by the Committee on Ways and Means;
allows private reliever airports to use fair market value of their land
as a local share for an AIP grant; drops the provision on the
metropolitan Washington airports; drops the extension of the trust fund
taxes so that this can be extended in separate legislation; and adds
the research title developed by the committee on Science.
For all these reasons, this legislation must be passed, if we are
going to provide funding to our airports across America. I strongly
urge the passage of this legislation.

I want to say the following on behalf of Congressman Frisa of New
York.
This bill does not make any changes in the Disadvantaged Business
Enterprise [DBE] Program. This is a controversial provision especially
as it applies to car rental companies.
In 1992, the FAA reauthorization bill established vendor purchases as
an alternative, but coequal, method through which car rental
concessionaires could meet DBE airport concession participation goals.
The 1992 statute expressly states that car rental concessionaires must
be permitted to include credit for the purchase of vehicles from DBE
new car dealers toward their DBE compliance goals.
To ensure meaningful participation in the DBE airport concession
program, car rental concessionaires must be permitted to apply the full
purchase price of their fleet vehicles from qualified DBE vendors
toward their compliance goals under the DBE airport concession program.
Any other interpretation of this statutory mandate ignores the plain
wording of the statute and would make it essentially impossible for car
rental concessionaires to meet DBE goals through the vendor purchases
established by the statute.
The committee report on this bill includes a directive that DOT must
be careful not to adopt size standards that make the DBE airport
concession program inherently unworkable for car rental
concessionaires. Toward this end, DOT should adopt an employee size
standard, rather than a standard based on total revenues, for DBE new
car dealers. Such an employee-based standard would avoid a situation in
which many DBE dealers would be forced from the program simply because
of the large number and value of cars the car rental industry buys each
year.

U.S. House of Representatives,

Committee on Ways and Means,

Washington, DC, July 26, 1996.
Hon. Bud Shuster,
Chairman, House Committee on Transportation and
Infrastructure, Rayburn House Office Building,
Washington, DC.
Dear Bud: I am writing to you regarding further
consideration of H.R. 3539, the Federal Aviation
Authorization Act of 1996, which was ordered reported by the
Committee on Transportation and Infrastructure on June 6,
1996. The bill, as introduced, was also referred to the
Committee on Ways and Means.
Specifically, Title VI of the bill, as introduced, would
extend the Airport and Airway Trust Fund taxes for 3 years.
On May 30, 1996, the Subcommittee on Aviation adopted an
amendment concerning jet fuel excise taxes. On June 6, 1996,
the full Committee on Transportation and Infrastructure
adopted an amendment intended to change Title VI into a
legislative ``recommendation'' to the Committee on Ways and
Means.
The actions taken by the Committee on Transportation and
Infrastructure on these tax matters was contrary to both Rule
X of the Rules of the House, regarding Committee
jurisdiction, and Rule XXI(5)(b) of the Rules of the House,
which prohibits the reporting of a tax or tariff measure in a
bill not reported by the committee of jurisdiction.
I now understand that you are seeking to have the bill
considered on the Suspension Calendar as early as next week.
I also understand that you have agreed to include an
amendment on the Floor which I am providing (attached) to
address the concerns of the Committee on Ways and Means with
this legislation.
The amendment would strike the tax title previously
included in the bill, and add language needed to extend the
expenditure purposes and authority contained in the Internal
Revenue Code of 1986 through October 1, 1999, the period of
the authorization bill. In addition, I wrote to you
previously regarding the ``overflight fees'' provision
included in the reported bill, expressing my interest in
working with you to ensure that this provision conforms as
closely as possible to a true ``fee.'' I have also included
legislative language in this amendment to that effect.
Finally, I understand that the Commission proposed in section
205 of your amendment will include appointments by the
Committee on Ways and Means.
Based on this understanding, and in order to expedite
consideration of this legislation, it will not be necessary
for the Committee on Ways and Means to markup this
legislation. This is being done with the further
understanding that the Committee will be treated without
prejudice as to its jurisdictional prerogatives on such or
similar provisions in the future, and it should not be
considered as precedent for consideration of matters of
jurisdictional interest to the Committee on Ways and Means in
the future.
Finally, I would ask that a copy of our exchange of letters
on this matter, and my previous letter, be placed in the
Record during consideration of the bill on the Floor. Thank
you for your cooperation and assistance on this matter. With
best personal regards.
Sincerely,
Bill Archer,
Chairman.
____

House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, July 29, 1996.
Hon. Bill Archer,
Chairman, Committee on Ways and Means, Longworth House Office
Building, Washington, DC.
Dear Bill: This is in response to your letter of July 26,
1996, regarding H.R. 3539, the Federal Aviation Authorization
Act of 1996. I concur with your statement of the agreements
reached by our committees on this bill. I appreciate your
willingness to forego a markup on the bill based on these
agremeents.
We do intend to proceed to consideration of this bill in
the House as soon as possible and are currently hoping for
consideration on the Suspension Calendar. If we proceed under
suspension of the rules, I will include the items referred to
in your letter in the suspension motion. Specifically, this
will strike the tax title and insert in its place extension
of the Trust Fund expenditure purposes and authority through
October 1, 1999. It will also include your recommended
changes to section 409 regarding overflight fees and section
205 regarding the National Civil Aviation Review Commission.
If we proceed to the consideration of this bill under a
rule, I will request that the Rules Committee incorporate
these provisions by self-executing rule.
Finally, I will include these letters in the Record during
consideration of the bill on the Floor.
Thank you again for your cooperation in this matter. With
warm personal regards, I am
Sincerely,
Bud Shuster,
Chairman.

Madam Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Madam Speaker, I yield myself 7 minutes.
I first want to thank my colleague, our chairman and my dear friend,
for his good wishes on this day that we all face once a year. I looked
in the obit column this morning and did not find my name in there so I
decided to come to work.
Today we consider legislation very, very thoroughly described by our
chairman to reauthorize the programs of the Federal Aviation
Administration but particularly and most importantly the Airport
Improvement Program.
At the outset, I want all of our colleagues on both sides of the
aisle to note that this legislation in the long honored tradition of
our committee has been prepared and advanced in a truly bipartisan
process with complete openness and participation, not just consultation
but participation on both sides of sharing of ideas, of working issues
out, of coming to agreement on matters on which maybe at the first we
might have had some differences. In the end we were altogether.
I want to thank Chairman Shuster, who has been a strong advocate for
aviation and especially for small airports, as I have been, and
Chairman Duncan, who has given aviation his full energy and effort and
who has proven a really distinguished and worthy chairman of this
subcommittee and has come to have a sure grasp of the issues. I salute
him and congratulate him.

[[Page H10134]]

I also want to express my great appreciation to the leader on our
side on aviation, the gentleman from Illinois [Mr. Lipinski], who has
plunged into aviation and likewise has become thoroughly knowledgeable
and self-assured on this subject.
I also see my good friend and former associate when I chaired the
Subcommittee on Aviation, the gentleman from Pennsylvania [Mr.
Clinger], now chairman of the Committee on Government Reform and
Oversight. I want to thank him for the partnership that we have had
over 14 years working together on economic development, investigations
and oversight and aviation. As he prepares to leave our company to go
on to other pursuits, I just want to say what a great, distinct
pleasure it has been working with the gentleman, a professorial
scholar, a dear friend, one who is committed to the pursuit of truth
and of good legislation in the best public interest.
This legislation establishes funding for FAA's facility and equipment
operations and maintenance and airport improvement programs at levels
that assume the aviation trust fund has been taken off budget. Funding
levels are necessary to support vital safety and capacity enhancing
projects, including upgrading air traffic control, implementing the
global positioning satellite system, meeting the safety and capacity
needs of the Nation's airports.
While I completely support the funding levels included in the bill
and want to assert that they are more than justified in light of the
needs of the system and indeed modest compared to the needs, we must
unfortunately and realistically assume that these programs will receive
a lower appropriation level than the authorization that we have
provided for, given the current budget climate and the fact that the
other body has failed to pass off-budget legislation.

{time} 1515

I emphasize that these levels are right, they are necessary, they are
what this committee says is needed. We set that mark out there. It is
important that that mark be set even though realistically the
appropriation level may not come to what it should be. We will continue
to argue for higher and adequate appropriation levels in the future.
This means that the different FAA accounts will essentially be
competing with each other for limited funding available. So much of
FAA's costs are fixed costs. That means the program likely to be most
negatively affected is airport improvement. That level currently is
1.45 billion, and that represents a $450 million decrease in funding
from 1992. That was the high point for AIP funding in the history of
the FAA.
This funding distribution formula in the current AIP program was
drafted when we expected funding levels to continue to increase. They
work well when AIP is funded at close to $2 billion, but the formulas
create a significant problem for a large number of airports, at funding
levels closer to the 1.45 level.
So the formula modifications in the bill are recognition on our part,
on bipartisan basis, of a need to streamline the program in the light
of diminishing resources. We are simply dealing with reality, trying to
accommodate the needs of all airports, large and small, in order to
project a national airport and air capacity system.
While there are understandable concerns about the effect of formula
modifications, we have struck a reasonable balance with the competing
priorities. The bill preserves a significant noise program, it protects
existing letters of intent commitments, it provides a $50 million
discretionary account regardless of the size of the overall program.
Unfortunately, formula modifications are only one element providing
adequate funding for airport needs. The effects on the system caused by
extreme funding cuts cannot be remedied simply by adjusting the
formula. No one disputes that projections for passenger growth will
require additional airport capacity. Everybody understands our aviation
system is going to go, goodness. Ninety-four percent of all paid
intercity travel in America is by air. There may be dispute about
existing airport needs, but everyone agrees that funding AIP at its
current level or below that level in 1997 is simply not adequate to
meet the demands of the projected passenger growth in this country.
We have an obligation to the future. So until we can get all the
money paid by the users out of the airspace system for distribution
through FAA from the trust fund, either through passage of the trust
fund off budget or some other means, we have to find a way to insure
that the system can meet the capacity demands placed upon it.
A critical funding issue which has significantly affected the
aviation trust fund was expiration of the airline ticket tax which
lasted almost 11 months and severely depleted the reserve in the trust
fund account. During the time that the taxes lapsed, the uncommitted
balance of the aviation trust fund was depleted at a rate of $600
million a month. We have to take responsibility to assure that taxes do
not lapse again at the end of this year, and I just want to take this
opportunity to urge our colleagues on the Committee on Ways and Means
to pass legislation before we adjourn to extend the airline ticket tax
beyond the end of this calendar year. It is simply not responsible to
let that ticket tax expire at the end of the year and have airports,
airlines, wondering how they are going to meet capacity needs.
The American people also want to know that they are safe when they
get on board an aircraft. We have repeatedly heard the citizens of this
country articulate their willingness to incur higher costs if those
costs are going to mean more airport security and better safety. It is
irresponsible to let the excise tax lapse when safety and security are
on the line when we are going to put another billion dollars of cost on
this system to make it more safe and more secure.
Madam Speaker, I reserve the balance of my time.
Mr. SHUSTER. Madam Speaker, I yield 5 minutes to the distinguished
gentleman from Tennessee [Mr. Duncan], chairman of the Subcommittee on
Aviation of the Committee on Transportation.
Mr. DUNCAN. Madam Speaker, I rise in strong support of H.R. 3539, the
Federal Aviation Authorization Act. This bill has been developed, as
the gentleman from Minnesota [Mr. Oberstar] noted, in a very strong
bipartisan manner with primary support and leadership from our
outstanding chairman, the gentleman from Pennsylvania [Mr. Shuster],
the ranking member of the full committee, the gentleman from Minnesota
[Mr. Oberstar] who is so dedicated to aviation, and the gentleman from
Illinois [Mr. Lipinski], my good friend and the ranking member of the
Subcommittee on Aviation. Let me also thank every member of the
Subcommittee on Aviation for their contributions to this legislation as
well. I think the committee has done an outstanding job in dealing with
some very difficult and complex issues. While I am sure we do not have
a perfect bill, I think we have crafted a product that every Member can
and should support. Any changes, any minor or technical changes that
might be needed in this legislation, can be addressed in conference
when we meet with the Senate.
In order for needed improvements to be made to our Nation's outdated
air traffic control equipment, in order for us to improve aviation
security at airports around this Nation, in order for us to do all we
can to improve safety for millions of traveling Americans, we must pass
this legislation.
The House Subcommittee on Aviation, which I have the privilege to
chair, held several days of hearings on a number of issues ranging from
privatization of airports to revenue diversion.
The bill reauthorizes for 3 years programs administered by the FAA,
including the Airport Improvement Program, the Airway Facilities
Improvement Program and the overall operations of the FAA.
H.R. 3539 authorizes funding to help the FAA replace the 30-year-old
air traffic control equipment that has been stretched beyond its useful
life.
It addresses airport development financing, including the creation of
a commission to review innovative financing proposals that will help
both airport and FAA financing in the future.
The legislation also adjusts the AIP formula so that the smaller
airports,

[[Page H10135]]

the general aviation airports, will get their fair share of funding.
It increases the entitlement for every airport in the Nation.
Let me repeat that, Madam Speaker. The legislation, this legislation,
increases entitlement funding for every airport in the Nation, large
and small alike.
The bill protects current letters of intent so that ongoing airport
construction projects can continue without interruption, and it retains
the set-aside for noise and military airports, the noise problems that
are of so much concern to many people around this Nation.
H.R. 3539 increases the number of States participating in the State
block grant program from 7 to 10, and it creates a pilot program
permitting the sale or long-term lease of up to 6 airports across the
Nation. In other words, a pilot experimental program for airport
privatization.
The bill imposes cost limitations on FAA housing purchases, and it
imposes treble damages on anyone caught illegally diverting revenue
from an airport.
It also improves aviation security by permitting the FAA to require
airlines to do background checks before hiring someone to screen
baggage, and finally H.R. 3539 incorporates legislation that this House
passed overwhelmingly last July, the Child Pilot Safety Act and the
Airline Pilot Hiring and Safety Act, both very needed improvements in
our aviation system.

Madam Speaker, I cannot stress enough the importance of this
legislation. It makes needed improvements to various programs
administered by the FAA, and it will help provide the traveling public
with a safer, more secure aviation system. Experts have testified that
air passenger traffic will increase to well over 800 million, possibly
even 1 billion, just 10 years from now, and according to FAA forecasts
the number of passengers carried on U.S. airlines will increase from
597 million this year to at least 718 million just 4 years from now, an
increase of at least 20 percent by the most conservative estimates.
So obviously we are going to have to build new airports or at least
expand existing airports around the country, but we need to make sure
that that is done, that expansion, this expansion is done in the most
cost-effective manner and the way that is best for the taxpayers.
Madam Speaker, this legislation will move our Nation in the right
direction, and it will help us meet both the immediate and long-term
challenges in aviation. I strongly support this legislation, I urge
every Member of the House to support it as well because this is the key
legislation we will have this year to improve our aviation system and
make it safer and more secure for all Americans.
Mr. OBERSTAR. Madam Speaker, I reserve the balance of my time.
Mr. SHUSTER. Madam Speaker, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Clinger], a senior member of the committee and the
distinguished chairman of the Committee on Government Reform and
Oversight.
Mr. CLINGER. Madam Speaker, I thank the gentleman very much for
yielding to me and commend him for this legislation as well as my
friends, the gentleman from Minnesota [Mr. Oberstar] and the gentleman
from Tennessee [Mr. Duncan] and the gentleman from Illinois [Mr.
Lipinski]. Before I do this, this is my last opportunity to express to
my good friend Mr. Oberstar. He has indicated that we worked together
for 14 years and 10 of those years on aviation matters. It was an
incredibly rewarding experience for me and one that I think we shared
in accomplishing a great deal for aviation over the years, and so I
wanted to publicly express my gratitude to him for the partnership we
had. He was always very fair to the minority throughout that tenure,
and I was very grateful for it. I would also note that he has been my
mentor in many transportation areas. Most recently he is advising me on
what type of bicycle I should be purchasing, and I am grateful for that
as well, and I also wanted to wish him a happy birthday.
Madam Speaker, I strongly support this legislation. The bill has been
explained. In the limited time I have left I just want to speak about
the fundamental role played by aviation in the lives of rural
Americans. I have a congressional district that includes four airports
served only by commuters, and with one exception none of these
communities are on the interstate highway system. Aviation has really,
as we know, become the lifeblood and well-being of small communities,
and though many may equate aviation as a service enjoyed only by urban
areas, it has really been my experience that quality of life in rural
communities is now measured in part by the degree of air service it
receives, and the challenge, Madam Speaker, to small communities is
maintaining affordable service. Unlike large cities where several
carriers may compete for any number of routes, rural areas generally
rely on one carrier providing service to one nearby 3 or 4 times a day.
The lack of competition into rural communities generally results in
very high prices and also holds a community captive to one carrier to
book tickets for locations beyond a nearby hub. The economies of scale
clearly do play a role here and to some degree I would expect to pay
more to get to a remote area. But rural residents have come to expect
reliable, affordable air travel, much the same way as urban dwellers.
I say this because in my years on the committee I have come to
appreciate just how price-sensitive the public is to the cost of air
travel. I think it especially important as Congress and the
administration work to implement new safety initiatives that careful
attention be paid to cost. Rural communities served by commuters are
the least able to spread the cost among passengers and are clearly the
most at risk for losing service altogether, so with that caveat I
indicate my strong support for the legislation and urge its passage.
Mr. OBERSTAR. Madam Speaker, I yield 2 minutes to the gentleman from
Tennessee [Mr. Tanner].
Mr. TANNER. Madam Speaker, I thank the gentleman from Minnesota [Mr.
Oberstar] for yielding the time to me.
Madam Speaker, I rise in support of H.R. 3539, and I want to commend
the chairmen and the ranking members of the Transportation and
Infrastructure Committee and the Aviation Subcommittee for their work
on this piece of legislation. I also want to thank them for including
in H.R. 3539, title VII--the Federal Aviation Administration Research,
Engineering, and Development, which are the provisions adopted by the
Science Committee in H.R. 3322, the Omnibus Civilian Science
Authorization Act authorizing the Federal Aviation Administration's
[FAA] research and development program.
The principal purposes of title VII strengthen the role of the
Federal Aviation Administration's [FAA] Research Advisory Committee in
setting FAA's R&D priorities and in streamlining the National Aviation
Research Plan. This language is based on the recommendations of
witnesses who appeared before the Technology Subcommittee during three
oversight hearings on FAA's R&D programs.
The Research Advisory Committee, established by statute, is composed
of aviation experts from industry, other R&D agencies, and
universities. To date the advisory committee has not had much influence
on setting FAA's R&D goals. Title VII now requires the Research
Advisory Committee to review and provide recommendations to FAA on its
R&D budget, and it also requires FAA to consider those recommendations
in establishing its R&D priorities.
In addition, FAA must report to Congress on its response to the
advisory committee's recommendations.
In addition, the provisions in title VII of H.R. 3539 simplify the
contents of the National Aviation Research Plan to make it more useful
to Congress for tracking and assessing the FAA's goals and priorities.
The goals of title VII are to strengthen public/private cooperation
to develop an R&D agenda which will effectively modernize the air
traffic system and ensure the safety and reliability of air travel in
the United States.
Again, I want to thank Chairman Duncan and Ranking Member Lipinski
for working with the Science Committee to incorporate the R&D title
into the FAA authorization bill and I urge my colleagues to support
H.R. 3539.

{time} 1530

Mr. SHUSTER. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from Pennsylvania [Mr. Walker], the distinguished chairman of
the Committee on Science.
Mr. WALKER. Madam Speaker, I rise today in support of H.R. 3539, the
Federal Aviation Authorization [FAA] Act of 1996. I would like to thank
the chairwoman, Congresswoman Connie

[[Page H10136]]

Morella, and the ranking member, Congressman John Tanner, of the
Science Committee's Subcommittee on Technology for their work in
crafting title VI of H.R. 3539.
Title VI is the FAA Research, Engineering, and Development [RD&E]
Management Reform Act of 1996. The FAA RD&E Act was originally
introduced by Chairwoman Morella on May 16, 1996. Its major provisions
were subsequently incorporated into H.R. 3322, the Omnibus Civilian
Science Authorization Act of 1996 which passed the House on May 30,
1996. The language in title VI is taken directly from H.R. 3322.
Title VI authorizes $186 million for FAA research and development
activities in fiscal year 1997. The title further directs the FAA
research advisory committee to annually review the FAA research and
development funding allocations and requires the Administrator of the
FAA to consider the advisory committee's advice in establishing its
annual funding priorities. Finally, title VI streamlines the
requirements of the National Aviation Research Plans and shortens the
time-frame the plans must cover from 15 to 5 years.
Madam Speaker, title VI strengthens an already good bill, and I would
like to thank Transportation Committee Chairman Shuster and Aviation
Subcommittee Chairman Duncan along with full Committee Ranking Member
Oberstar and Subcommittee Ranking Member Lipinski for their support and
assistance in including the FAA RD&E Act in H.R. 3539. I urge all my
colleagues to vote to suspend the rules and pass H.R. 3539.
Mr. SHUSTER. Madam Speaker, I am pleased to yield 1 minute to the
distinguished gentleman from Colorado [Mr. Hefley].
Mr. HEFLEY. Madam Speaker, I would like to engage in a colloquy with
the gentleman from Pennsylvania [Mr. Shuster].
I appreciate the gentleman's efforts, particularly in providing a
provision on airport certification. Particularly, there is a provision
in the bill which changes the FAA's requirement that all airports
flying planes with more than nine passengers must have received their
certification. The old requirement was 30 passengers.
I would ask the gentleman, is that correct?
Mr. SHUSTER. Madam Speaker, will the gentleman yield?
Mr. HEFLEY. I yield to the gentleman from Pennsylvania.
Mr. SHUSTER. Madam Speaker, that is correct.
Mr. HEFLEY. I appreciate that provision and the improved safety it
will result in, but I was concerned that reliever airports which do not
intend to fly planes with over nine passengers may be forced to apply
for certification. A provision has been included in the bill which
states that an airport which has not currently received certification
does not have to apply if they do not intend to fly planes with over
nine passengers. Is that also correct?
Mr. SHUSTER. That is correct, and I appreciate the gentleman's
efforts.
Mr. HEFLEY. Another provision that I am concerned about in the bill,
it allows the Secretary of Transportation to obligate funds for runway
construction even if the Committee on Appropriations has specifically
prohibited the runway from being built.
This section is really referring to a proposed sixth runway at Denver
International Airport. Denver officials contend that this is needed.
There is some argument about whether it is needed or not. There is
tremendous concern about noise created by this airport that was never
anticipated by the city of Denver.
Mr. SHUSTER. I would be happy to work with the gentleman in
conference to try to resolve these differences.
Mr. HEFLEY. I thank the gentleman.
Mr. SHUSTER. Madam Speaker, I am pleased to yield 4 minutes to the
gentleman from Virginia [Mr. Wolf], the distinguished chairman of the
Subcommittee on Transportation.
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Madam Speaker, I thank the chairman of the committee for
yielding me time.
Madam Speaker, there is much in this bill that is very good. I want
to put this at the outset of the statement. There are two issues that I
have concerns about, one the gentleman from Colorado [Mr. Hefley] just
raised, and that is the first provision, section 411, which states that
even if the Committee on Appropriations denies funding for a runway at
an international airport the Secretary of Transportation may obligate
funds for such projects anyway.
Essentially, this language says that despite what the Committee on
Appropriations does, it can go ahead. I was pleased to hear the
gentleman's comments.
The Transportation and Infrastructure Committee report accompanying
H.R. 3539 indicates that the intent of this language was to ensure
funding for a sixth runway at the Denver International Airport.
However, this project has been specifically denied by Congress in the
appropriations process for the past 3 years. Not only has the funding
been denied for 3 years, no funds are provided once again in this
year's appropriations bill, considered by the House only a few short
weeks ago, and no amendment to that provision was offered when the bill
was debated on the House floor. That appropriations bill--with no
amendments offered dealing with this issue--was passed by an
overwhelming vote of 403 to 2.
The rules of the House and parliamentary precedents make clear that
it is the prerogative of the Appropriations Committee to provide
resources for, or make valid limitations on, the financial obligations
of the Federal Government. In an unusual and clever way, section 411 of
this bill takes away the unambiguous rights of the Appropriations
Committee and allows the executive branch to spend funds for a project
even if they have been specifically denied by the Congress. In essence,
this is a reverse line item veto--it allows funds to be spent even
after Congress denies them. This Congress has an excellent record of
reducing the deficit and forcing the hard cuts in an oversized
Government. It makes no sense to set a new precedent allowing the
executive branch to undermine the prerogatives of the Appropriations
Committee and the Congress, by authorizing it to spend funds for a
project Congress has repeatedly denied.
And this is no ordinary airport project. The access road to the
Denver Airport is called Pena Boulevard--so named after the current
Secretary of Transportation and former mayor of Denver and the very
individual to whom the bill gives sole power to fund the project over
Congress' objections. This airport receives more funding under its
letter of intent with the Federal Aviation Administration than any
other airport in the country, and I question whether the Department of
Transportation can truly be impartial in evaluating further grant
applications, given the current Secretary's prior involvement in the
Denver Airport project. The Colorado congressional delegation is
divided over the need for the sixth runway, and the airport has a
history of management problems including illegal diversion of airport
revenues.
Simply stated, Denver has not proven the case for a new runway.
Management problems continue, including diversion of airport revenues,
shoddy construction of the existing runways and buildings; and
significant airport noise issues. There is no compelling air traffic
problem at the airport justifying a new runway at this time. Even the
airport director stated last year that the proposed runway would
provide ``marketing and business opportunities for companies throughout
the region that would not otherwise exist.'' This is not ample
justification for Federal investment, when resources are scarce and
significant airport capacity issues exist in other cities around the
country, and when decisions are necessary to curb the Federal deficit.
In addition, not only would this provision grant the Secretary of
Transportation authority to override congressional mandates regarding
the Denver International Airport, the bill as reported would allow the
Secretary to approve funding for any international runway where funding
was expressly denied by the Congress. There are other runway projects
in this country which are highly controversial and Congress should not
cede control over these projects to the Secretary of Transportation.
Section 411 is extremely controversial, unnecessary, would establish
an alarming precedent, and should not be included in this legislation.
The second provision of concern to me is section 416, which prohibits
the Federal Aviation Administration from installing a terminal Doppler
weather radar at the Brooklyn Coast Guard Air Station in New York and
requires a study of the feasibility of siting such equipment from an
offshore platform.
While politically attractive perhaps, the offshore concept appears to
be unworkable and unrealistic from an engineering and cost-benefit
standpoint. In fact, after years of analysis, the FAA concluded that
the Coast Guard air station in Brooklyn is the best site for

[[Page H10137]]

this safety radar, which is badly needed in the New York metropolitan
area. Furthermore, section 416 violates congressional direction
contained in the statement of the managers on the fiscal year 1996
Department of Transportation Appropriations Act, which directed the FAA
to provide enhanced wind shear detection capability for the New York
metropolitan area as soon as possible.
More than a year later, this critical safety improvement still does
not exist for the New York City area and the language in H.R. 3539
would lead to additional delays.
There is an unquestioned need for this safety radar system in New
York and calling for another study will not only be unproductive, but
would pose unnecessary delays in getting essential safety equipment in
place. The longer we wait, the greater the risk of an accident.
The lack of Doppler weather radar was cited by the National
Transportation Safety Board as one factor in the aviation accident near
Charlotte, NC, just 2 years ago. On July 2, 1994, a DC-9 operating as
USAir flight 1016 flew into terrain, colliding with trees and a private
residence during a missed approach to the Charlotte/Douglas
International Airport. The captain, first officer, one flight
attendant, and one passenger received minor injuries. The remaining 37
passengers died. The airplane itself was destroyed by impact forces and
a postcrash fire. What was the cause of the crash? According to the
NTSB, a critical factor was the lack of real-time adverse weather and
windshear hazard information which Doppler weather radar would have
provided. Had the Doppler weather radar been in place, it is possible
that this tragedy could have been avoided. We cannot allow the delays
that plagued Charlotte to similarly plague New York. We simply cannot
and should not run the risk of a similar accident in New York City.
If recent events have shown us anything, they have clearly
demonstrated the need for increased emphasis on aviation safety and
placing the highest priority on funding for aviation safety equipment.
This provision would undermine aviation safety--for nearby residents in
New York and for the millions who use the New York airports.
Madam Speaker, in July the House gave overwhelming approval to the
fiscal year 1997 transportation appropriations legislation which places
paramount importance on safety. Maintaining and improving aviation
safety was the No. 1 priority in the appropriations legislation. In
fact, we added some $139 million not included in the President's budget
request for new air traffic control equipment and systems to improve
safety and airway capacity. Final approval of the fiscal year 1997
transportation appropriations bill is expected shortly and safety will
continue to be the hallmark of that legislation.
I am a strong supporter of aviation programs but am convinced that
the two provisions in H.R. 3539 that I just outlined pose serious
problems. I regret that these provisions are included in legislation I
would like to support. However, I believe these provisions are
inconsistent with congressional efforts to improve aviation safety. I
cannot ignore the deleterious and dangerous effects of these provisions
and regretfully oppose H.R. 3539.
Mr. OBERSTAR. Madam Speaker, I yield 1\1/2\ minutes to the
gentlewoman from Colorado [Mrs. Schroeder].
(Mrs. SCHROEDER asked and was given permission to revise and extend
her remarks.)
Mrs. SCHROEDER. Madam Speaker, I thank the gentleman for yielding
time to me.
Madam Speaker, I rise in strong support of section 411. I think this
is terribly critical, because I must say, I am very tired of my airport
in Denver being bashed around. No other airport in the Nation has a
legislative funding prohibition. This funding prohibition on this
runway was put in before the airport even opened. It also is the sixth
busiest airport in the world now.
Now we hear people talking about noise. If you are going to talk
about noise, there are at least 50 other airports that should have
their funding blocked if we are going to use that as a criteria.
I guess I rise today, Madam Speaker, to say we do not mind being
judged by the same standards everyone else does, but why this airport
has been singled out and continually battered I do not know, because it
seems to be working very well. Consumers like it. It has added
tremendously to the safety. I like any airport that pilots like. I
think it is terribly important that we do not so micromanage that we
fall all over ourselves.
The local government, the people of Colorado, and the Federal
Government spent a tremendous amount of money to open this state-of-
the-art airport. It was planned with six runways. To say that we are
only going to do it with five, to continue to punish it, is wrong. I
salute the committee for having put in this section 411 to not
micromanage, and I really urge Members not to do this type of thing,
when we have made these kinds of investments in infrastructure this
country so desperately needs.
Madam Speaker, I want to express my support for section 411 of the
Federal Aviation Authorization Act, H.R. 3539. The Transportation
Committee, under the direction of Chairman Shuster and ranking Democrat
Mr. Oberstar, included section 411, which returns the authority to the
Department of Transportation for determining whether an airport
receives funding for additional runways.
In other words, the Department of Transportation not the
appropriating committee should determine if an airport should build
additional runways. This addresses an egregious prohibition on building
a sixth runway at Denver International Airport [DIA] that was included
in the Transportation appropriations measure.
Section 411 is needed because:
No other airport in the Nation has a legislative funding prohibition.
Singling out DIA is indefensible and unprecedented. DIA has proved that
is one of the most efficient airports in the Nation. Placing a Federal
restriction on DIA is also detrimental to the traveling public.
DIA is the sixth busiest airport in the Nation. Moreover, DIA has
begun to attract international service. DIA is beginning nonstop
service to Toronto, Vancouver, and Calgary.
DIA is designed to have six runways. It provides a balanced airfield
of three runways for arrivals and three runways for departures during
any kind of weather. The sixth runway is on DIA's airport layout plan,
which was approved by the FAA several years ago.
The prohibition was enacted before DIA opened and is no longer
relevant. There were problems with DIA and the baggage system, which
delayed the opening until February of 1995. Now that the airport has a
proven record of service, Denver should be free to complete the
airport.
Section 411 in no way provides any funding to build the sixth runway
at DIA. All this provision does is allow DIA, like every other airport
in the United States, to apply for funding from the FAA.
Using the noise problem at DIA to justify blocking the sixth runway
is a ruse. If every airport in the Nation that has a noise problem was
singled out for funding restrictions, the list would be a mile long and
DIA would be near the bottom. Washington National, BWI, Memphis
International, Dallas-Fort Worth, Sarasota Bradenton, Lambert St.
Louis, and many others--probably 50 airports--have worse noise
problems. It is a complete fabrication to say DIA should not get a
sixth runway because of noise.
Mr. OBERSTAR. Madam Speaker, I yield 1 minute and 45 seconds to the
distinguished gentlewoman from Maryland [Mrs. Morella].
(Mrs. MORELLA asked and was given permission to revise and extend her
remarks.)
Mrs. MORELLA. Madam Speaker, I am very pleased to support H.R. 3539,
and as chair of the Subcommittee on Technology and on the Committee on
Science, I am certainly very grateful that this bill includes title VI
funding of Federal Aviation Administration research, engineering, and
development, something that I authored along with the gentleman from
Tennessee [Mr. Tanner], the distinguished ranking member of the
subcommittee on technology.
Madam Speaker, I thank the chairmen of the Transportation Committee,
Mr. Shuster of Pennsylvania, Mr. Oberstar, the ranking member and the
Aviation Subcommittee, Mr. Duncan of Tennessee, for working with our
committee to create an R&D title to the bill.
Title VI of this bill contains sections of H.R. 3322, the Omnibus
Civilian Science Authorization Act, which passed the House on May 30,
1996.
In addition to the authorized levels of appropriations for FAA R&D,
title VI also contains a number of committee amendments created under
the leadership of Mr. Tanner, the Technology Subcommittee ranking
member from Tennessee.
These amendments include strengthening the FAA Research Advisory
Committee, which was originally created on the initiation of the
Science Committee.
By strengthening the Advisory Committee, composed of aviation experts
from industry, other R&D agencies, and academia, the FAA can receive

[[Page H10138]]

better guidance on the goals, relevance, and quality of its r&d
program.
This will also assist the FAA in better establishing its research
priorities.
In addition, title VI would also streamline the national aviation
research plan to make it a more useful document.
The plan should emphasize the overall national r&d goal and
priorities; FAA's r&d resource allocations; and connecting FAA's
overlapping r&d activities with other agencies.
Madam Speaker, I support the bill before us today which not only
authorizes aviation research and development, but also funds airport
improvements, air traffic control facilities and equipment, the
military airport program, and various maintenance projects, among other
important functions.
I urge my colleagues to support the bill.
Mr. OBERSTAR. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I listened with great interest to my colleague, the
gentleman from Virginia [Mr. Wolf], chairman of the Subcommittee on
Transportation of the Committee on Appropriations, about the Doppler
radar issue.
I agree, Doppler radar is critically important. It has been cited by
the NTSB as a factor, or absence of it as a factor in not only the
Raleigh crash but in other situations. The unfortunate thing is that
the location of the Doppler weather radar in New York is the issue, not
the radar itself. It is not in my backyard. I have followed this issue
for many years with great dismay.
There was a proposal to put the Doppler radar in a location in one
part of one of the boroughs of New York City, whose name I do not
recall, and there was an uproar by the citizens of that area, and the
junior Senator from New York came to their defense and said, now, let
us hold this off, let us not put it there now, let us find another
place to locate it.
The provision in this bill directs a feasibility study of locating
the terminal Doppler weather radar on an offshore platform before
selecting some other site. I do not see this as a delay to installation
of the radar. This is going to be a very quick study. It will be one
conducted very readily, a conclusion that can be reached in a very
short period of time.
Local concerns are the issue that are holding up this radar. I wish
folks would just say, we understand the need for aviation safety, we do
not want planes landing in our apartment buildings or in our backyards
because they do not have the right radar, do not have the right weather
information. But that is not the way people react.
We have this controversy in Minnesota over power lines, over long-
distance power lines being too close to dairy farms, and fugitive
electricity causing double-headed cows. People have it in their minds
that that is a consequence of having electricity so close to their
animals. Then we have to deal with that reality. We may have to
relocate that line.
Madam Speaker, this is just a technology issue, and it is a people
problem as well. We have come to a compromise. I will not stand for any
unreasonable delay, and I know the chairman of the committee will not
stand for any unreasonable delay. We want this radar to go forward.
That is an extremely busy airport. I share the gentlewoman's concern.
Let us see if we can get this study accomplished, put fears to rest,
and then let the location of the technology take place on its own.
I just want to make one final comment, Madam Speaker. We have heard
so much in our committee and by commentators every time there is a
disability in the Air Traffic Control System about problems with the
Nation's Air Traffic Control System, and allusions to vacuum tubes
being used in our Air Traffic Control System. Less than 1 percent of
all the technology used in our Air Traffic Control System is dependent
upon vacuum tubes. All of it is scheduled for replacement.
Our committee on a bipartisan basis over several years has worked
very diligently to upgrade and to speed up the technology in our Air
Traffic Control System. As a result of our efforts, working with both
the previous administration, the Bush administration, Secretary
Skinner, Admiral Busey, when he was head of FAA, and now the current
head of FAA, Mr. Hinson, they have brought a new team in, and every
month we get this report, an air traffic systems development status
report, with which we can track month to month the progress on all of
the several key items: The end route, the terminal, the tower, the
oceanic and offshore and the air traffic management systems. We know
what the cost is, whether they are on track, whether they are behind
schedule. I just want to say that the core of this new technology
system is the initial sector suite, or the display system replacement.
The first article is going to be installed in Seattle in December,
the end of this year, to begin a year of operational testing, so that
by 1998 we will be able to move ahead with full deployment of the
system. This program was in as bad a shape as we could possibly imagine
any Government program getting into, but FAA Administrator Hinson and
his team of Associate Administrator George Donahue and his deputy, Bob
Valone, working with the new contractor, Lockheed Martin, have turned
the program around.
We ought to take credit for this. This committee has diligently
worked to make sure that the public investment has paid off. We have
real results and real progress to show for it. We are going to see some
real solid developments, for example, in the terminal and the end route
system modernization, that are actually ahead of schedule. The display
channel complex project is ahead of schedule. The voice switching and
control system is enabling communication between centers and between
units on the ground to do things that they never believed were possible
a few years ago.
Madam Speaker, I just would like to say to the listening public, this
committee has done its work diligently. We have worked together. We
have made sure that the public investment has been cut where it was
excessive, has been moved ahead where it was necessary. We have moved
to a more modular technology system in the total modernization of the
Air Traffic Control System.
This is a huge undertaking, the biggest technology program in the
entire Federal Government. We have it on track. We have something
really to be proud of. I want to thank the chairman of the committee
for his cooperation, that of the gentleman from Tennessee [Mr. Duncan],
to the staff, and the participation of the gentleman from Illinois [Mr.
Lipinski], and also the gentleman from Pennsylvania [Mr. Clinger], who
has devoted so many hours to this thing.
We have something good going here. The rest of the world envies our
system, and they are buying up pieces of it as soon as we put them into
operational use. We are the world's leader in aviation. Let us never
forget it. Let us be proud of it. Let us make this bill the flagship of
that leadership. I thank the chairman of the committee for his vigorous
work on behalf of this legislation. This bill ought to pass
overwhelmingly.
Madam Speaker, I yield back the balance of my time.
Mr. SHUSTER. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, I would emphasize that this is must-pass legislation,
because each airport across America, no airport will receive funds if
this does not pass. It is a bipartisan bill, and I strongly urge its
support.
Mr. NADLER. Madam Speaker, I rise in strong support of the language
currently in this FAA reauthorization bill concerning Doppler radar for
both Kennedy and Laguardia Airports. I was actually somewhat surprised
to find out that neither Kennedy nor Laguardia had Doppler to detect
wind shear. I commend the FAA for wanting to install Doppler radar,
but, unfortunately, the site the FAA is currently reviewing does not
provide the best possible coverage of both Kennedy and Laguardia
Airports.
After speaking with representatives of the FAA, I was informed that
if Doppler radar were installed at the site in Brooklyn, LaGuardia
Airport would only enjoy approximately 75 percent accuracy in measuring
wind shear. The 75 percent would be achieved only when used in
conjunction with an additional system called L-WAS, a low-level wind
ananometer which is approximately ten, 40-50 foot poles with windsocks
on the end of them, which would

[[Page H10139]]

be installed at LaGuardia to supplement the Doppler.
The best way to detect wind shear to the maximum extent possible at
both LaGuardia and Kennedy and the safest way for any of our
constituents flying in or out of New York, is to have a dedicated
Doppler radar station for each of the airports. Each of the Washington
and Chicago area airports have a dedicated Doppler radar station.
In addition to the technical safety reasons for not putting the
station in Brooklyn, is the fact that the station would be put in a
residential area. There is concern that this type of radar emits
cancer-causing radiowaves. In an area that has some of the highest
rates of cancer in the country, I do not believe we should subject
these residents to even the possibility of cancer-causing radiation
when there is an alternative that, as I said, would provide more
effective safety measures for the flying public.
Also, the FAA has recently issued a final environmental impact
statement scoping paper that identifies several other sites, in and
around Brooklyn, that could prove to be better suited than Floyd
Bennett Field or offshore platforms, as I have suggested. The FAA
should be allowed to study these proposals and determine the best
possible site that would cover both Laguardia and Kennedy as well as
protecting the health of local residents.
I urge my colleagues to allow the current language to stand. Send the
message to FAA that we need the best coverage for both LaGuardia and
Kennedy Airports. This language currently in the bill would help ensure
the safety of all of our constituents who fly in or out of New York,
and ensure the safety of local residents.
Mr. LIPINSKI. Madam Speaker, I rise in strong support of H.R. 3539,
the Federal Aviation Authorization Act of 1996.
This legislation reauthorizes the Airport Improvement Program, as
well as the FAA's facilities and equipment and operations and
maintenance programs.
In an era of limited funding, this bill provides the national airport
system with the best bang for the buck by fully funding the entitlement
program while at the same time guaranteeing existing letters of intent
from the discretionary portion of the program. Funding for noise
mitigation also remains a priority in this legislation.
But for the longer term, we have no choice but to look toward
alternate funding sources, including an increase in the passenger
facility charge. FAA and airport funding needs continue to increase,
and with the Congress' effort to balance the budget, there simply is
not enough funding. The passenger facility charge is now being levied
at airports around the country with great success. In future
reauthorization cycles, I will continue to advocate increasing the PFC.
Madam Speaker, this legislation is critical. Without it, at the end
of the fiscal year, the FAA will be unable to fund its crucial
programs. With the tragic aviation accidents we have witnessed in
recent months, funding for the air traffic control system, for
security, for airport development, is more important than ever. This is
must-pass legislation. I strongly urge its adoption.
Madam Speaker, I want to commend Chairman Duncan for his leadership
in moving this critical legislation through the process, and Chairman
Shuster and Congressman Oberstar for their support. I particularly want
to thank the staff of the Aviation Subcommittee on both sides for their
hard work on this and all aviation matters. They are a fine group of
professionals and we are fortunate to have them working with us.
Madam Speaker, I urge strong support of this legislation and yield
back the balance of my time.
Mr. TRAFICANT. Madam Speaker, I rise in strong support of H.R. 3539,
the Federal Aviation Authorization Act. I want to commend Mr. Duncan
and Mr. Lipinski for the excellent work they have done on this
legislation.
The bill includes an amendment I offered in subcommittee dealing with
the Airport Improvement Program's cargo service airport entitlement.
Current law defines cargo service airports as airports that are
served by cargo-only or ``freighter'' aircraft which all together weigh
more than 100 million pounds. Under the bill, these airports would be
entitled to share in a pot of money that equal 2.5 percent of total AIP
funds.
Therein lies the problem. Many smaller airports across the country
would like to expand their air cargo operations by expanding or adding
runways and making infrastructure improvement. However, the airports
are not eligible for the cargo service set-aside under the AIP because
they do not meet the 100-million-pound requirement. In order to get AIP
funds for air cargo projects, these airports have to compete with other
airports for discretionary AIP money.
This is counterproductive. My amendment gives the FAA the discretion
to award cargo service entitlement funds to airports that the FAA
determines are, or will be, served primarily by aircraft providing air
transportation only by cargo.
It's a commonsense amendment, one that will benefit airports across
the country. I am pleased it is in the bill.
I am also pleased that the manager's amendment includes several very
important provisions--especially the one that removes the FAA's dual
mandates, and makes it the law of the land that the FAA's primary
mission is aviation safety. In the wake of the Valujet crash, it has
become clear that the FAA's dual mandate has made it difficult, at
times, for the FAA to be effective in doing everything possible to
ensure aviation safety. Removing the FAA's dual mandate won't solve all
of the problems, but it is a wise move in the right direction, and one
I heartily support.
The manager's amendment also incorporates into the bill the text of
two pieces of legislation previously approved by the House, the Child
Pilot Safety Act and the Airline Pilot Hiring and Safety Act. These are
two important bills that I strongly support.
We have an excellent piece of legislation before the House, and I
urge all Members to support it.
Mr. DeFAZIO. Madam Speaker, as a member of the House Aviation
Subcommittee, I do not plan to object to the consideration of H.R. 3539
under suspension of the rules because this bill is long overdue and
greatly needed by our Nation's airports and air travelers. However,
during the subcommittee's consideration of this legislation and the
full committee's markup of the bill I offered an amendment that I would
have also liked to offer during floor debate. I was disappointed that
the House of Representatives planned to consider H.R. 3539--which
authorizes $30 billion for the FAA and airport improvements--under
suspension of the rules and I would not be permitted to offer my
amendment.
Although much of H.R. 3539 is not controversial, a section was
included in this bill that would authorize a pilot program to
facilitate the privatization of publicly owned airports. I strongly
object to this provision and believe that many Members would voice
similar concerns were a full debate possible. At this time I would like
to take a moment to outline my objections and explain what my amendment
would have done.
The current privatization provisions in H.R. 3539 allow private
entities to own and operate airports that have previously been operated
as a public entity. However, under the bill, these private companies
would have absolutely no obligation to repay the Federal investment in
these properties. This is a rip-off for the U.S. taxpayers and
corporate welfare at its worst. Since 1946, the Federal Government has
awarded over $23.5 billion in airport grants to finance construction,
improvements, and maintenance. The U.S. taxpayers funded these grants
and should be reimbursed.
My amendment would require entities that purchase or lease airports
under the pilot program authorized in H.R. 3539 to repay public Federal
investments made to the airport. At the discretion of the FAA these
Federal grant repayments could be adjusted to account for depreciation.
Funds generated by the repayment would be used to finance FAA safety
programs.
Although my amendment was defeated in committee, I believe that after
a full public debate on the House floor, many Members would have agreed
with my argument and my efforts to make this legislation more fiscally
responsible. In addition, other Members had asked to be included in the
debate and would have spoken in support of my amendment.
Gifting the Federal investment in these airports to private entities
is just another example of corporate welfare. The Federal grants amount
to a windfall for private investors, at the expense of the U.S.
taxpayers. Under the rationale of the privatization section of the
bill, all public entities--including highways and office buildings--
should be up for grabs without any obligation to repay the Federal
investment.
This section of H.R. 3539 is highly controversial and should be
carefully reviewed before enacted into law. The only current example we
have of airport privatization is from Great Britain's experience. In
this case commercial airports were owned and financed directly by the
central government, unlike in the United States where airports are
owned by local government. The British Government sold these airports
for $2.5 billion in a public share offering, generating significant
capital for the taxpayers.
Even after privatization, the British Government found it necessary
to impose a system of price controls on landing fees at the private
airports. The airports remain subject to regulation of airlines'
access, airports' charges to airlines, safety, security and
environmental protection. The Government also maintains the right to
veto new airport investment or divestiture.

[[Page H10140]]

Although I continue to object to the privatization section of this
legislation, I will be supporting the bill because it includes
authorization for needed Federal expenditures. In addition, I am
extremely pleased that the bill also includes, at my request, language
eliminating the dual mandate of the FAA. This new language will clearly
direct the FAA to promote the safety of air travel, not promote the
airline industry. I have long sought this change in the FAA's
authorizing statute and I thank the committee for including this in the
bill we are considering today.
Mr. SHUSTER. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. (Ms. Greene of Utah). The question is on the
motion offered by the gentleman from Pennsylvania [Mr. Shuster], that
the House suspend the rules and pass the bill, H.R. 3539, as amended.
The question was taken.
Mr. CANADY of Florida. Madam Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

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