Home > 104th Congressional Bills > H.R. 3539 (eh) To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes. [Engrossed in House] ...

H.R. 3539 (eh) To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes. [Engrossed in House] ...


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                  In the Senate of the United States,

                                                    September 18, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3539) entitled ``An Act to amend title 49, United States Code, to 
reauthorize programs of the Federal Aviation Administration, and for 
other purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--REAUTHORIZATION OF FAA PROGRAMS

Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities.
Sec. 103. Research and development.
Sec. 104. Airport improvement program.
Sec. 105. Interaccount flexibility.

          TITLE II--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS

Sec. 201. Pavement maintenance program.
Sec. 202. Maximum percentages of amount made available for grants to 
                            certain primary airports.
Sec. 203. Discretionary fund.
Sec. 204. Designating current and former military airports.
Sec. 205. State block grant program.
Sec. 206. Access to airports by intercity buses.

                TITLE III--AVIATION SAFETY AND SECURITY

Sec. 301. Report including proposed legislation on funding for airport 
                            security.
Sec. 302. Family advocacy.
Sec. 303. Accident and safety data classification; report on effects of 
                            publication and automated surveillance 
                            targeting systems.
Sec. 304. Weapons and explosive detection study.
Sec. 305. Requirement for criminal history records checks.
Sec. 306. Interim deployment of commercially available explosive 
                            detection equipment.
Sec. 307. Audit of performance of background checks for certain 
                            personnel.
Sec. 308. Sense of the Senate on passenger profiling.
Sec. 309. Authority to use certain funds for airport security programs 
                            and activities.
Sec. 310. Development of aviation security liaison agreement.
Sec. 311. Regular joint threat assessments.
Sec. 312. Baggage match report.
Sec. 313. Enhanced security programs.
Sec. 314. Report on air cargo.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Acquisition of housing units.
Sec. 402. Protection of voluntarily submitted information.
Sec. 403. Application of FAA regulations.
Sec. 404. Sense of the Senate regarding the funding of the Federal 
                            Aviation Administration.
Sec. 405. Authorization for State-specific safety measures.
Sec. 406. Sense of the Senate regarding the air ambulance exemption 
                            from certain Federal excise taxes.
Sec. 407. FAA safety mission.
Sec. 408. Carriage of candidates in State and local elections.
Sec. 409. Train whistle requirements.
Sec. 410. Limitation on authority of States to regulate gambling 
                            devices on vessels.
Sec. 411. Special flight rules in the vicinity of Grand Canyon National 
                            Park.
Sec. 412. Increased fees.
Sec. 413. Transfer of air traffic control tower; closing of flight 
                            service stations.
Sec. 414. Sense of the Senate regarding acts of international 
                            terrorism.
Sec. 415. Reporting for procurement contracts.
Sec. 416. Provisions relating to limited scope audit.
Sec. 417. Advance electronic transmission of cargo and passenger 
                            information.

            TITLE V--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS

Sec. 501. Commercial space launch amendments.

  TITLE VI--AIR TRAFFIC MANAGEMENT SYSTEM PERFORMANCE IMPROVEMENT ACT

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Effective date.

                     Subtitle A--General Provisions

Sec. 621. Findings.
Sec. 622. Purposes.
Sec. 623. Regulation of civilian air transportation and related 
                            services by the Federal Aviation 
                            Administration and Department of 
                            Transportation.
Sec. 624. Regulations.
Sec. 625. Personnel and services.
Sec. 626. Contracts.
Sec. 627. Facilities.
Sec. 628. Property.
Sec. 629. Transfers of funds from other Federal agencies.
Sec. 630. Management Advisory Council.
Sec. 631. Aircraft engine standards.
Sec. 632. Rural air fare study.

   Subtitle B--Federal Aviation Administration Streamlining Programs

Sec. 651. Review of acquisition management system.
Sec. 652. Air traffic control modernization reviews.
Sec. 653. Federal Aviation Administration personnel management system.
Sec. 654. Conforming amendment.

  Subtitle C--System To Fund Certain Federal Aviation Administration 
                               Functions

Sec. 671. Findings.
Sec. 672. Purposes.
Sec. 673. User fees for various Federal Aviation Administration 
                            services.
Sec. 674. Independent assessment and task force to review existing and 
                            innovative funding mechanisms.
Sec. 675. Procedure for consideration of certain funding proposals. 
Sec. 676. Administrative provisions.
Sec. 677. Advance appropriations for Airport and Airway Trust Fund 
                            activities.
Sec. 678. Rural Air Service Survival Act.

                        TITLE VII--PILOT RECORDS

Sec. 701. Short title.
Sec. 702. Employment investigations of pilot applicants.
Sec. 703. Study of minimum standards for pilot qualifications.

                TITLE VIII--ABOLITION OF BOARD OF REVIEW

Sec. 801. Abolition of Board of Review and related authority.
Sec. 802. Sense of the Senate.
Sec. 803. Conforming amendments in other law.
Sec. 804. Definitions.
Sec. 805. Increase in number of Presidentially appointed members of 
                            Board.
Sec. 806. Reconstituted Board to function without interruption.
Sec. 807. Operational slots at National Airport.
Sec. 808. Airports authority support of Board.

                  TITLE IX--AIRPORT REVENUE PROTECTION

Sec. 901. Short title.
Sec. 902. Findings; purpose.
Sec. 903. Definitions.
Sec. 904. Restriction on use of airport revenues.
Sec. 905. Regulations; audits and accountability.
Sec. 906. Conforming amendments to the Internal Revenue Code of 1986.

    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

Sec. 1001. Expenditures from airport and airway trust fund.

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.

                TITLE I--REAUTHORIZATION OF FAA PROGRAMS

SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    (a) Authorization of Appropriations From General Fund.--Section 
106(k) is amended--
            (1) by striking ``and'' after ``1995,''; and
            (2) by inserting before the period at the end the 
        following: ``, and $5,000,000,000 for fiscal year 1997.''.
    (b) Authorization of Appropriations From Trust Fund.--Section 
48104(b) is amended--
            (1) in the subsection heading by striking ``for Fiscal 
        Years 1993''; and
            (2) by striking the phrase ``for fiscal year 1993''.
    (c) Clerical Amendment.--Section 48108 is amended by striking 
subsection (c).

SEC. 102. AIR NAVIGATION FACILITIES.

    Section 48101(a) is amended by adding at the end the following:
            ``(5) For the fiscal years ending September 30, 1991-1997, 
        $17,929,000,000.''.

SEC. 103. RESEARCH AND DEVELOPMENT.

    Section 48102(a) is amended by striking ``title:'' and all that 
follows through the end of the subsection, and inserting the following: 
``title, $206,000,000 for fiscal year 1997.''.

SEC. 104. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended--
            (1) by striking ``and $21,958,500,000'' and inserting 
        ``$19,200,500,000''; and
            (2) by inserting before the period at the end the 
        following: ``, $21,480,500,000 for fiscal years ending before 
        October 1, 1997.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``1996'' and inserting ``1997''.

SEC. 105. INTERACCOUNT FLEXIBILITY.

    Section 106 is amended by adding at the end the following new 
subsection:
    ``(l) Interaccount Flexibility.--
            ``(1) Except as provided in paragraph (2), the 
        Administrator may transfer budget authority derived from trust 
        funds among appropriations authorized by subsection (k) and 
        sections 48101 and 48102, if the aggregate estimated outlays in 
        such accounts in the fiscal year in which the transfers are 
        made will not be increased as a result of such transfer.
            ``(2) The transfer of budget authority under paragraph (1) 
        may be made only to the extent that outlays do not exceed the 
        aggregate estimated outlays.
            ``(3) A transfer of budget authority under paragraph (1) 
        may not result in a net decrease of more than 5 percent, or a 
        net increase of more than 10 percent, in the budget authority 
        available under any appropriation involved in that transfer.
            ``(4) Any action taken pursuant to this section shall be 
        treated as a reprogramming of funds that is subject to review 
        by the appropriate committees of the Congress.
            ``(5) The Administrator may transfer budget authority 
        pursuant to this section only after--
                    ``(A) submitting a written explanation of the 
                proposed transfer to the Committees on Transportation 
                and Infrastructure and Appropriations of the House of 
                Representatives and the Committees on Commerce, 
                Science, and Transportation and Appropriations of the 
                Senate; and
                    ``(B) 30 days have passed after the explanation is 
                submitted and none of the committees notifies the 
                Administrator in writing that it objects to the 
                proposed transfer within the 30 day period.''.

          TITLE II--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS

SEC. 201. PAVEMENT MAINTENANCE PROGRAM.

    (a) Pavement Maintenance.--Chapter 471 is amended by adding the 
following section at the end of subchapter I:
``Sec. 47132. Pavement maintenance
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall issue guidelines to carry out a pavement 
maintenance pilot project to preserve and extend the useful life of 
runways, taxiways, and aprons at airports for which apportionments are 
made under section 47114(d). The regulations shall provide that the 
Administrator may designate not more than 10 projects. The regulations 
shall provide criteria for the Administrator to use in choosing the 
projects. At least 2 such projects must be in States without a primary 
airport that had 0.25 percent or more of the total boardings in the 
United States in the preceding calendar year. In designating a project, 
the Administrator shall take into consideration geographical, 
climatological, and soil diversity.
    ``(b) Effective Date.--This section shall be effective beginning on 
the date of enactment of the Federal Aviation Reauthorization Act of 
1996 and ending on September 30, 1999.''.
    (b) Compliance With Federal Mandates.--
            (1) Use of aip grants.--Section 47102(3) is amended--
                    (A) in subparagraph (E) by inserting ``or under 
                section 40117'' before the period at the end; and
                    (B) in subparagraph (F) by striking ``paid for by a 
                grant under this subchapter and''.
            (2) Use of passenger facility charges.--Section 40117(a)(3) 
        is amended--
                    (A) by inserting ``and'' at the end of subparagraph 
                (D);
                    (B) by striking ``; and'' at the end of 
                subparagraph (E) and inserting a period; and
                    (C) by striking subparagraph (F).

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