S.3094 - Airport Capacity Act of 1990101st Congress (1989-1990)
|Sponsor:||Sen. Ford, Wendell H. [D-KY] (Introduced 09/24/1990)|
|Committees:||Senate - Commerce, Science, and Transportation|
|Latest Action:||Senate - 11/08/1990 See also H.R. 5835. (All Actions)|
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Text: S.3094 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in Senate
S 3094 IS 101st CONGRESS 2d Session S. 3094 To authorize certain programs of the Federal Aviation Administration, to require the Secretary of Transportation to implement a National Noise Policy, to authorize airport passenger facility charges as an exception to the general prohibition of State taxation of air commerce, and to repeal certain regulations pertaining to airport operating slots. IN THE SENATE OF THE UNITED STATES September 24 (legislative day, SEPTEMBER 10), 1990 Mr. FORD (for himself, Mr. MCCAIN, and Mr. DANFORTH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize certain programs of the Federal Aviation Administration, to require the Secretary of Transportation to implement a National Noise Policy, to authorize airport passenger facility charges as an exception to the general prohibition of State taxation of air commerce, and to repeal certain regulations pertaining to airport operating slots. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I--SHORT TITLE This Act may be cited as the `Airport Capacity Act of 1990'. SEC. 101. FINDINGS. The Congress finds that-- (1) aviation noise management is crucial to the continued increase in airport capacity; (2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation which have impeded its ability to meet transportation needs, and are imposing undue burdens on interstate and foreign commerce; (3) a noise policy must be implemented at the national level; (4) local interest in aviation noise management shall be considered in determining the national interest; (5) community concerns can be alleviated through the technology aircraft, combined with the use of revenues, including those available from passenger facility charges, for noise management; (6) federally controlled revenues can help resolve noise problems and carry with them a responsibility to the national airport system; (7) a precondition to the establishment or collection of a passenger facility charge shall be the establishment by the Secretary of Transportation of a national noise policy; (8) revenues derived from a passenger facility charge may be applied to noise management and increased airport capacity; (9) provisions of subpart S of part 93 of title 14, Code of Federal Regulations (known as the `buy-sell rule'), which allow a public right to be used as a private asset, not only restrict competition at the four airports whose use is controlled through slots but also can impede competition in air transportation throughout the northeastern and midwestern United States; (10) passengers pay higher fares at slot controlled airports than at other airports; (11) increasing the number of slots at high density traffic airports will make it easier for carriers not already engaged in regular operations at those airports to achieve regular operations; and (12) improvements in the air traffic control system since the initiation of slot controls, including new technology and new methods of regulating air traffic, necessitate a complete review of the practice of using slots to control access to high density traffic airports. TITLE II--AUTHORIZATION OF APPROPRIATIONS SEC. 201. FAA FACILITIES AND EQUIPMENT. That (a) section 506(a)(1) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(a)(1) is amended-- (A) by striking `and' immediately after `October 1, 1989,'; and (B) by inserting immediately before the period at the end of the first sentence the following: `$14,625,200,000 for fiscal years ending before October 1, 1991, and $17,625,200,000 for fiscal years ending before October 1, 1992'. SEC. 202. AIRPORT IMPROVEMENT PROGRAM. Section 505 of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2204) is amended-- (1) in subsection (a) by striking `$13,816,700,000' and inserting `$13,916,700,000'; and (2) in subsection (b) by striking `September 30, 1987' and inserting `September 30, 1992'. SEC. 203. FAA RESEARCH, ENGINEERING AND DEVELOPMENT. (a) Section 506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(b)(2)) is amended-- (1) in subparagraph (B)(vii), by striking `and'; (2) in subparagraph (C), by striking the period at the end and inserting in lieu thereof `; and'; and (3) by adding at the end of the following new subparagraph: `(4) for fiscal year 1991, $260,000,000, and for fiscal year 1992, $260,000,000.'. (b) Section 506(b)(4) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(b)(4)) is amended-- (1) in subparagraph (A), by striking `and 1990' and inserting in lieu thereof `1990, 1991, and 1992'; and (2) in subparagraph (B), by striking `and 1990' and inserting in lieu thereof `1990, 1991, and 1992'. (c) Section 506(d) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(d)) is amended by striking `and 1990' and inserting in lieu thereof `1990, 1991, and 1992'. SEC. 204. FAA OPERATIONS. For necessary expenses of the Administration for which there is no other specific authorization of appropriations, there is authorized to be appropriated $4,088,000,000 for fiscal year 1991 and $4,412,600,000 for fiscal year 1992. TITLE III--NATIONAL AVIATION NOISE POLICY SEC. 301. NATIONAL AVIATION NOISE POLICY DEVELOPMENT. (a) The Secretary of Transportation shall, by regulation, not later than January 1, 1992, develop and articulate a National Aviation Noise Policy which takes into account the findings and determinations and provisions of this section. (b) The National Aviation Noise Policy shall include the establishment of a date or dates for the phasing out of stage 2 technology aircraft as part of a comprehensive national noise management scheme. Such consideration must include a detailed economic analysis of the impact of any phaseout date on competition in the airline industry, including the carriers' ability to achieve capacity growth consistent with the projected rate of growth for the industry; the impact of constrained capacity and aircraft prices on airfares and competition within the airline and air cargo industries; the impact on non-hub and smaller community air service and the impact of such a phaseout on new entry into the airline industry. No phaseout date shall be approved if it would result in an unreasonably adverse impact on any of these considerations. SEC. 302. NOISE AND ACCESS RESTRICTION REVIEWS. (a) The National Aviation Noise Policy shall require the establishment of a program for the mandatory review and approval of all existing or proposed local airport noise or access restrictions by the Federal Aviation Administration. (b) No airport noise or access restriction could be submitted for approval or approved in accordance with the program if it contains any restriction on the operation of a stage 3, quiet technology aircraft, including but not limited to-- (1) any restriction as to noise levels generated on either a single event or cumulative basis; (2) any limit, direct or indirect, on the total number of stage 3 aircraft operations; (3) any noise budget or noise allocation program which would include stage 3 aircraft; (4) any restriction imposing limits on hours of operations; (5) any other limit on stage 3 aircraft. (c) No airport noise or access restriction could include a restriction on other than stage 3 aircraft, unless the airport operator submitting the existing or proposed noise or access regulation to the Administrator for review and approval in accordance with this Act has submitted concurrently-- (1) a complete analysis of the anticipated or actual costs and benefits of the existing or proposed noise regulation; (2) a detailed description of alternative regulations; (3) a detailed description of the alternative measures considered not involving aircraft restrictions, and a comparison of the costs and benefits of such alternative measures to the costs and benefits of the proposed noise or access regulation. The analysis of anticipated costs and benefits shall include an estimate of the potential economic and operational impact of the noise or access regulation on the national air transportation system. (d) After review of the information described in subparagraph (c) and any other information the Administrator deems necessary, the Administrator shall approve or disapprove such proposed noise regulation subject to the provision of subsection (e). (e) The Administrator shall not approve a noise or access regulation unless the Administrator finds the following conditions to be supported by substantial evidence-- (1) the regulation is reasonable, nonarbitrary and nondiscriminatory; (2) the regulation does not create an undue burden on interstate or foreign commerce; (3) the regulation is not inconsistent with maintaining the safe and efficient utilization of the navigable airspace; (4) the regulation does not conflict with any existing Federal statute or regulation; (5) the airport operator provided an adequate opportunity for public comment with respect to the regulation; (6) the airport operator's rejection of alternative means of minimizing or otherwise managing noise was reasonable; and (7) the benefits accruing from the regulation outweigh the associated costs, including all costs attributable to the impact or potential impact of the regulation on the national air transportation system. (f) Sponsors of facilities operating under noise or access restrictions at the time of passage of this Act shall not be eligible to impose a Passenger Facility Charge, and shall not be eligible for grants authorized by section 505 of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2204) 90 days after the date on which the Secretary promulgates the final rule called for under section 301 of this Act, unless the Administrator has approved the restriction under section (e) of this title, or the restriction has been rescinded. (g) The Administrator shall reevaluate any previously approved noise regulation upon the request of any aircraft or airport operator able to demonstrate to the satisfaction of the Administrator that there has been a change in the noise environment of the affected airport and that a review and reevaluation of the benefits and costs of the previously approved noise regulation is therefore justified. (h) The Administrator shall establish by regulation procedures under which the evaluation provided in subsection (g) of this section shall be accomplished. Such evaluation shall not occur less than 2 years after a determination under subsection (g) of this section has been made. SEC. 303. FEDERAL LIABILITY FOR NOISE DAMAGES. In the event of a disapproval of a proposed noise or access restriction, the Federal Government shall assume liability for noise damages only to the extent that a taking has occurred as a direct result of such disapproval. Action for the resolution of such a case shall be brought solely in the United States Claims Court. SEC. 304. PRIVATE RIGHT OF ACTION. An aircraft operator may commence a civil action against an airport proprietor for the purpose of protecting its rights under this Act, in any United States District Court without regard to citizenship or amount in controversy. SEC. 305. LIMITATION ON AIRPORT IMPROVEMENT PROGRAM REVENUE. Under no conditions shall any airport receive revenues under the provisions of the Airport and Airway Improvement Act of 1982, as amended, or impose or collect a passenger facility charge, unless the Administrator-- (1) has approved any noise or access restriction in place at that airport; and (2) assures that the airport is not imposing any noise or access restriction not submitted and approved in compliance with this Act; SEC. 306. NOISE COMPATIBILITY PROGRAM. No proposal for the imposition of a passenger facility charge shall be approved by the Secretary if the airport has not conducted an airport noise compatibility program pursuant to section 104(b) of the Aviation Safety and Noise Abatement Act of 1979. TITLE IV--PASSENGER FACILITY CHARGES SEC. 401. DEFINITIONS. For purposes of this title the following definition applies: The term `eligible airport-related project' means-- (1) a project for airport development under the Airport and Airway Improvement Act of 1982; (2) a project for airport planning under such Act; (3) a project for terminal development described in section 513(b) of such Act; (4) a project for airport noise capability planning under section 103(b) of the Aviation Safety and Noise Abatement Act of 1979; (5) a project to carry out noise compatibility measures which are eligible for assistance under section 104 of the Aviation Safety and Noise Abatement Act of 1979 without regard to whether or not a program has been approved for such measures under such section; and (6) a project for construction of gates and related areas at which passengers are enplaned or deplaned. SEC. 402. AUTHORIZATION FOR IMPOSITION. Section 1113 of the Federal Aviation Act of 1958 as amended (49 U.S.C. App. 1513), amended by the addition of a new subsection: `(e) EXCEPTION FOR IMPOSITION OF PASSENGER FACILITY CHARGES- (1) Notwithstanding the above limitations the Secretary of Transportation is hereby authorized to establish by regulation a program for the imposition of approved passenger facility charges by any airport proprietor to finance eligible projects. `(2) Passenger facility charges shall be imposed only as approved by the Secretary of Transportation and shall be approved only in full dollar amounts not to exceed three dollars per passenger. They shall remain in effect only during such periods as are necessary to pay for such specific projects as are identified to support their imposition. `(3) Passenger facility charges shall be collected only from revenue passengers originating or terminating their travel at the airport imposing such a charge. `(4) No proposal for the imposition of a passenger facility charge shall be approved by the Secretary of Transportation unless: `(A) The airport proprietor seeking to impose the passenger facility charge certifies, in writing, that airport users and the general public have been provided with: a minimum of seventy-five days advance notice of the proposal; a full and detailed description of the project intended to be financed; a detailed financial plan for full funding of the specific project; and an opportunity to meet with the airport proprietor to present their views. On the basis of such advance notification and information the airport proprietor shall solicit the approval or disapproval of the airport users and the general public and shall advise the Secretary of Transportation of any disagreements with the proposed imposition of a passenger facility charge and the reasons supporting such disagreement. `(B) In the event that no disagreement is registered, the Secretary shall approve the passenger facility charge. `(C) In the event that disagreement is registered with reference to a project otherwise eligible for funding under the provisions of the Airport and Airway Improvement Act of 1982, as amended, the Secretary shall approve such passenger facility charge unless the Secretary finds by substantial evidence that it would not significantly benefit airport security, safety, noise mitigation, or capacity. `(D) The Secretary shall establish, by appropriate rule, the procedures under which a disagreement is registered and an appeal heard under subsection (c). `(E) In the event that disagreement is registered with reference to a project to build airport gates, the Secretary shall not approve such passenger facility charge unless he finds by substantial evidence that the project is justified by the need to increase capacity at the facility or facilities affected. Under no circumstances shall any gates constructed, improved, or repaired with passenger facility charges under this paragraph be subject to long-term leases for periods exceeding 10 years, or to majority in interest clauses. `(F) No other projects other than those defined in this title may be financed by a passenger facility charge. `(5) Any proposal to amend a project supported by an approved passenger facility charge necessitating an upward adjustment of project financing costs shall be treated as a new proposal for the imposition of a passenger facility charge and submitted for approval. `(6) No passenger facility charge shall be approved for imposition prior to the adoption by regulation of a national aviation noise policy in accordance with the provisions of title III of this Act and, in no event, prior to such date at which the unobligated balance contained in the Airport and Airway Trust Fund is less than $4,000,000,000. `(7) Authority for the approval of any new passenger facility charge, or the modification of any existing charge, shall terminate in the event that appropriations fail to be made to fund at least ninety-five percent of each amount authorized for facilities and equipment, the airport improvement program and the research engineering and development programs of the Federal Aviation Administration during any fiscal year. Further, all authority to approve any passenger facility charge shall terminate at any time funds are spent from this Act except as authorized by this Act. `(8)(a) Revenues derived from collection of a fee by an airport proprietor pursuant to this subsection shall not be treated as airport revenues for the purpose of establishing rates, fees and charges pursuant to any contract between such airport and an air carrier. `(b) Except as otherwise provided in subparagraph (c) hereof, such airport shall not include the portion of the capital costs any project paid for from such passenger facility charge revenues in the rate base, by means of depreciation, amortization or otherwise, in establishing fees, rates and charges for air carriers. `(c) With respect to any project for terminal development, for gates and related areas, or for any facility which is occupied or utilized by one or more air carriers on an exclusive or preferential basis, the rates, fees and charges payable by air carriers which use such facilities shall be no less than the rates, fees and charges paid by carriers using similiar facilities at the airport which were not financed with revenues derived from collection of a fee pursuant to this subsection. `(d) Except as provided in this subsection nothing contained in this Act shall be contrued as endorsing or authorizing the unilateral abrogation, abridgement or alteration of any existing contract or lease provision in place at any airport. `(9) Any passenger facility charge approved for imposition under this Act shall be collected by the air carrier or its agent selling such transportation and shall be paid to the airport imposing such a charge in accordance with regulations to be issued by the Secretary of Transportation. Such charge shall be separately identified on any ticket sold for such transportation as a local passenger facility charge. The Secretary of Transportation shall provide by regulation for the full and complete compensation of air carriers based upon a uniform fee which reflects their average cost for their collection and handling costs. `(10) The Secretary of Transportation shall require that any airport imposing a passenger facility charge maintain the funds derived as a result in a separate and identifiable account which, for the purpose of this Act, shall be subject to the same record, audit and examination requirements imposed upon airport improvement program revenues by section 518 of the Airport and Airway Improvement Act of 1982, as amended. `(11) No State (or political subdivision thereof, including the commonwealth of Puerto Rico, the Virgin Islands, Guam, the District of Colunbia, the territories or possessions of the United States or political agencies of two or more States) shall levey or collect any tax on or with respect to any commerical aircraft flight, or any activity or service on board such flight, if such flight neither takes off nor lands in such state or jurisdiction'. SEC. 403. SPONSOR ASSURANCES INCLUDING MINORITY AND SMALL BUSINESS PARTICIPATION. Section 511(a) of the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. App. 2210) is amended by after the word title striking `, ' and inserting `or passenger facility charge project,'. SEC. 404. PREFORMANCE OF CONSTRUCTION WORK INCLUDING MINIMIUM RATES OF WAGES AND VETERANS PREFERENCE. Section 515 of the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. App. 2214) is amended-- (1) in subsection (a) by inserting `or passenger facility charge project' after `title'; (2) in subsection (b) by inserting `or passenger facility charge project' after `title'; (3) in subsection (c) by inserting `or passenger facility charge project' after `title'; TITLE V--PURCHASE, SALE, LEASE, AND OTHER TRANSFER OF SLOTS DEFINITIONS SEC. 501. As used in this Act, the term-- (1) `Administration' means the Administrator of the Federal Aviation Administration. (2) `Air carrier' has the meaning given that term in section 101(3) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(3)). (3) `High density traffic airport' means the Kennedy International Airport, New York, New York; LaGuardia National Airport, New York, New York; O'Hare International Airport, Chicago, Illinois; or Washington National Airport, Washington, District of Columbia. (4) `New entrant carrier' means an air carrier, including a commuter operator, that holds fewer than 12 slots at the relevant airport. (5) `Secretary' means the Secretary of Transportation. (6) `Slot' means the operational authority to conduct one landing or takeoff operation, under instrument flight rules, each day during a specific period at an airport. SEC. 502 (a) Notwithstanding the provisions of subpart S of part 93 of title 14, Code of Federal Regulations, no slot at any airport may be purchased, sold, leased, or otherwise transferred on or after July 12, 1990, except that-- (1) one slot may be exchanged for another slot if there is no other consideration associated with the exchange; (2) slots may be transferred on or after July 12, 1990, as a part of an overall transfer of ownership of an air carrier or substantially all of its assets, or of substantially all assets related to a discrete operation of an air carrier; (3) slots at a high density traffic airport may be transferred by an air carrier that prior to July 12, 1990, filed for, and as of the date of enactment of this Act is receiving, bankruptcy protection under title II of the United States Code, if such transfer is needed to effectuate the sale of assets of that air carrier; and (4) slot leases entered into and approved by the Administrator prior to July 12, 1990, may continue or be extended until 18 months after the date of enactment of this Act. (b) No rule, regulation, or order (other than an emergency order) may be issued by the Secretary or the Administrator relating to restrictions on aircraft operations at any high density traffic airport unless such rule, regulation, or order is consistent with the provisions of this Act. SLOT ALLOCATIONS FOR NEW ENTRANT CARRIERS SEC. 503 (a) Not later than 60 days after the date of enactment of this Act, the Administrator shall by rule establish a pool of air carrier slots for new entrant carriers at each high density traffic airport. (b) The rule referred to in subsection (a) shall include, but not be limited to, provisions to accomplish the following: (1) The new entrant slots in the pool shall be in addition to slots at each such airport which are in existence on the date of enactment of this Act, and the number of such new entrant slots shall not increase the overall number of air carrier slots at such airport by more than 5 percent in excess of the number of such existing slots. (2) New entrant slots shall be allocated in such a way that, to the maximum extent practicable, all new entrant carriers have an equal number of slots overall at such airport, including both new entrant slots and existing air carrier slots. No new entrant carrier shall receive a new entrant slot under this section which gives that carrier more than 12 slots ovreall at such airport. (3) If new entrant slots remain unused after new entrant carriers have had an opportunity to obtain such slots, the remaining new entrant slots may be made available for use by air carriers only for the purpose of providing air service to communities that lost access to a high density traffic airport as a result of changes to the essential air service program under the Act entitled `An Act making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1990, and for other purposes', approved November 21, 1989 (Public Law 101-164; 103 Stat. 1069). (4) If new entrant slots remain unused after new entrant carriers have had an opportunity to obtain slots and air carriers have had an opportunity to obtain slots under paragraph (3), the remaining new entrant slots shall be allocated as needed for international operations authorized after the date of enactment of this Act, except for any such operation authorized under section 401(h) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1371(h)). (5) Each new entrant slot shall be public property and its use shall represent a nonpermanent operating privilege within the exclusive control and jurisdiction of the Secretary and the Administrator. Any such privilege may be withdrawn, recalled, or reallocated by the Secretary for reasons of aviation safety, airspace efficiency, the enhancement of competition in air transportation, or any other matter in the public interest and in accordance with the public convenience and necessity. (6) If the holder of a new entrant slot, including a slot made available under paragraph (3), fails to initiate use of the slot within 60 days after receiving the slot or thereafter fails to use the slot in accordance with rules for use of existing air carrier slots, the new entrant slot shall be withdrawn and, if appropriate, be reallocated to another new entrant carrier. In addition to such grounds for withdrawal, a new entrant slot made available under paragraph (3) shall also be withdrawn and reallocated, in accordance with this subsection, if the holder fails to use the slot in providing air service as described in paragraph (3). (c)(1) Section 6005(c)(5)(C) of the Metropolitan Washington Airports Act of 1986 (49 App. U.S.C. 2454(c)(5)(C)) is amended by inserting `, except as provided in the Airline Competition Equity Act of 1990,' immediately after `of this Act'. (2) Section 6009(e)(1) of the Metropolitan Washington Airports Act of 1986 (49 App. U.S.C. 2458(e)(1)) is amended by inserting `, except as provided in the Airline Equity Competition Act of 1990,' immediately after `this title'. HIGH DENSITY TRAFFIC AIRPORT RULES SEC. 504. (a) The provisions of subpart K of part 93 of title 14, Code of Federal Regulations, and of the rule referred to in section 5(a) of this Act shall cease to have force and effect on and after the date that is 18 months following the date of enactment of this Act. (b) If after such provisions cease to be effective the Secretary or the Administrator decides to issue a new rule, regulation, or order providing for the allocation of slots at any airport, such rule, regulation, order, or other procedure shall not be issued until the Administrator certifies, after notice and opportunity for public comment, in a report to Congress that-- (1) such a rule, regulation, order, or other procedure is required in the interest of aviation safety; and (2) there is no alternative means for achieving comparable safety which has a less adverse effect upon competition in air transportation at such airport. (c) Any such rule, regulation, order, or other procedure issued in accordance with subsection (b) shall be airport-specific unless the Administrator certifies that the aviation safety sought cannot be achieved without making the rule, regulation, order, or other procedure applicable to more than one airport. (d) The Secretary is directed-- (1) to study and determine the extent to which shuttle service presently provided by air carriers operating between LaGuardia National Airport and Boston, and between LaGuardia National Airport and Washington National Airport, is of significant public interest to the unique megalopolis of the northeastern United States; and (2) to report to Congress within 12 months after the date of enactment of this Act on the results of such study, along with such recommendations as the Secretary determines appropriate. TITLE VI--UNIVERSITY AIR TRANSPORTATION CENTERS SEC. 601. (a) UNIVERSITY AIR TRANSPORTATION CENTERS- (1) GRANTS FOR ESTABLISHMENT AND OPERATION- The Administrator of the Federal Aviation Administration (hereinafter referred to as the `Administrator') is authorized to make grants to one or more nonprofit institutions of higher learning to establish and operate one university air transportation center in each of the ten Federal regions which comprise the Standard Federal Regional Boundary System. (2) RESPONSIBILITIES- The responsibilities of each university air transportation center established under this subsection shall include, but not be limited to, the conduct of research concerning airspace and airport planning and design, airport capacity enhancement techniques, human performance in the air transportation environment, aviation safety and security, the supply of trained air transportation personnel including pilots and mechanics, and other aviation issues pertinent to developing and maintaining a safe and efficient air transportation system, and the interpretation, publication, and dissemination of the results of such research. (3) APPLICATION- Any nonprofit institution of higher learning interested in receiving a grant under this subsection shall submit to the Administrator an application in such form and containing such information as the Administrator may require by regulation. (4) SELECTION CRITERIA- The Administrator shall select recipients of grants under this subsection on the basis of the following criteria: (A) The extent of which the needs of the State in which the applicant is located are representative of the needs of the Federal region for improved air transportation services and facilities. (B) The demonstrated research and extension resources available to the applicant for carrying out this subsection. (C) The capability of the applicant to provide leadership in making national and regional contributions to the solution of both long-range and immediate air transportation problems. (D) The extent to which the applicant has an established air transportation program. (E) The demonstrated ability of the applicant to disseminate results of air transportation research and educational programs through a statewide or regionwide continuing education program. (G) The projects which the applicant proposes to carry out under the grant. (5) MAINTENANCE OF EFFORT- No grant may be made under this section in any fiscal year unless the recipient of such grant enters into such agreements with the Administrator as the Administrator may require to ensure that such recipient will maintain its aggregate expenditures from all other sources for establishing and operating a university air transportation center and related research activities at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this subsection. (6) FEDERAL SHARE- The Federal share of a grant under this subsection shall be 50 percent of the costs of establishing and operating the university air transportation center and related research activities carried out by the grant recipient. (7) Research advisory committee- (A) Section 312(f)(2) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1353(f)(2) is amended by adding at the end of the following new sentence: `In addition, the committee shall coordinate the research and training to be carried out by the university air transportation centers established under the University Air Transportation Centers Act, disseminate the results of such research, act as a clearinghouse between such centers and the air transportation industry, and review and evaluate programs carried out by such centers.'. (B) Section 312(f)(3) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1353(f)(3) is amended by striking `20' and inserting in lieu thereof `30'; and by striking the last sentence and inserting in lieu thereof the following: `The Administrator in appointing the members of the committee shall ensure that the university air transportation centers, universities, corporations, associations, consumers, and other government agencies are represented.'. (b) AUTHORITY- Section 312(c) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1353(c)) is amended by inserting immediately after the third sentence the following: `The Administrator shall undertake or supervise research programs concerning airspace and airport planning and design, airport capacity enhancement techniques, human performance in the air transportation environment, aviation safety and security, the supply of trained air transportation personnel including pilots and mechanics, and other aviation issues pertinent to developing and maintaining a safe and efficient air transportation system.'. TITLE VII--MISCELLANEOUS SEC. 701. SEVERABILITY. If any provision of this Act (including an amendment made by this Act), or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 702. AUXILIARY FLIGHT SERVICE STATION PROGRAM. (a) GENERAL RULE- The Secretary of Transportation shall develop and implement a system of manned auxiliary flight service stations. The auxiliary flight service stations shall supplement the services of the planned consolidation to 61 automated flight service stations under the flight service station modernization program. Auxiliary flight service stations shall be located in areas of unique weather or operational conditions which are critical to the safety of flight. (b) REPORT TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall report to Congress with the plan and schedule for implementation of this section. SEC. 703. MILITARY AIRPORT PROGRAM. (a) DECLARATION OF POLICY- Section 502(a) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2201(a) is further amended-- (1) by striking `and' at the end of paragraph (12); (2) by striking the period at the end of paragraph (13) and inserting `; and'; and (3) by adding at the end the following: `(14) special emphasis should be placed on the conversion of appropriate former military air bases to civil use and on the identification and improvement of additional joint-use facilities.'. (b) SET-ASIDE--Section 508(d) of such Act (49 U.S.C. App. 2204(d) is amended by striking paragraph (5) and inserting the following: `(5) MILITARY AIRPORT SET-ASIDE--Not less than one half of one percent of the funds made available under section 505 in each of fiscal years 1991 and 1992 shall be distributed during such fiscal year to sponsors of current or former military airports designated by the Secretary under subsection (f) of this section for the purpose of developing current and former military airports to improve the capacity of the national air transportation system. `(6) REALLOCATION- If the Secretary determines that he will not be able to distribute the amount of funds required to be distributed under paragraph (1), (2), (3), (4), or (5) of this subsection for any fiscal year because the number of qualified applications submitted in compliance with this title is insufficient to meet such amount, the portion of such amount the Secretary determines will not be distributed shall be available for obligation during such fiscal year for other airports and for other purposes authorized by section 505 of this title.'. (c) DESIGNATION OF FORMER MILITARY AIRPORTS- Section 508 of such Act is further amended by adding at the end the following new subsection: `(f) Designation of Current or Former Military Airports- `(1) DESIGNATION- The Secretary shall designate not more than 5 current or former military airports for participation in the grant program established under subsection (d)(5) and this subsection. At least 2 such airports shall be designated within 6 months after the date of the enactment of this subsection and the remaining airports shall be designated for participation no later than September 30, 1992. `(2) SURVEY- The Secretary shall conduct a survey of current and former military airports to identify which ones have the greatest potential to improve the capacity of the national air transportation system. The survey shall also identify the capital development needs of such airports in order to make them part of the national air transportation system and shall identify which capital development needs are eligible for grants under section 505. The survey shall be completed by September 30, 1991. `(3) LIMITATION- In selecting airports for participation in the program established under subsection (d)(5) and this subsection and in conducting the survey under paragraph (2), the Secretary shall consider only those current or former military airports whose conversion in whole or in part to civilian commercial or reliever airport as part of the national air transportation system would enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays. `(4) PERIOD OF ELIGIBILITY- An airport designated by the Secretary under this subsection shall remain eligible to participate in the program under subsection (d)(5) and this subsection for the 5 fiscal years following such designation. An airport that does not attain a level of enplaned passengers during such 5 fiscal year period which qualifies it as a small hub airport as defined as of January 1, 1990, or reliever airport may be redesignated by the Secretary for participation in the program for such additional fiscal years as may be determined by the Secretary. `(5) ADDITIONAL FUNDING- Notwithstanding the provisions of section 513(b), not to exceed $3,000,000 per airport of the sums to be distributed at the discretion of the Secretary under section 507(c) for any fiscal year may be used by the sponsor of a current or former military airport designated by the Secretary under this subsection for construction, improvement, or repair of terminal building facilities, including terminal gates used by aircraft for enplaning and deplaning revenue passengers. Under no circumstances shall any gates constructed, improved, or repaired with Federal funding under this paragraph be subject to long-term leases for periods exceeding 10 years or majority in interest clauses.'. SEC. 704. EXPANDED EAST COAST PLAN. (a) ENVIRONMENTAL IMPACT STATEMENT- Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an environmental impact statement pursuant to the National Environmental Policy Act of 1969 on the effects of changes in aircraft patterns over the State of New Jersey caused by implementation of the Expanded East Coast Plan. (b) AIR SAFETY INVESTIGATION- Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct an investigation to determine the effects on air safety of changes in aircraft flight patterns over the State of New Jersey caused by implementation of the Expanded East Coast Plan. (c) REPORT TO CONGRESS- Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the results of the environmental impact statement and investigation conducted pursuant to this section. Such report shall also contain such recommendations for modification of the Expanded East Coast Plan as the Administrator considers appropriate or an explanation of why modification of such plan is not appropriate. (d) IMPLEMENTATION OF MODIFICATIONS- Not later than 1 year after the date of the enactment of this Act, the Administrator shall implement modifications to the Expanded East Coast Plan recommended under subsection (c). SEC. 705. DECLARATION OF POLICY. Section 502(a) of the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. App. 2201) is amended-- (1) in paragraph (5) by inserting `, including as they may be applied between category and class of aircraft' after `discriminatory practices'; and (2) in paragraph (13) by inserting `and should not unjustly discriminate between categories and classes of aircraft' after `attempted'. SEC. 706. AIRLINE MERGER. (a) IN GENERAL- Title IV of the Federal Aviation Act of 1958 is amended by adding at the end thereof the following new section: SEC. 420. (a) In the event that the purchase, or acquisition of control in any manner of an air carrier by an air carrier or any person controlling an air carrier affects the seniority rights of the carriers' flight deck crew-members, the affected employees, notwithstanding any other provision of law, shall be afforded the protections and procedures provided by the Civil Aeronautics Board in the Tiger International--Seaboard Acquisition Case, CAB Docket 33712, to ensure that seniority lists are integrated in a fair and equitable manner. (b) On complaint by any flight deck employee or by the representative of any group of the flight deck employees affected by the transaction, the United States District Court for the district in which the complainant resides or has its principal place of business or for the District of Columbia, shall have jurisdiction to enforce the labor protective provisions specified in subsection (a). The fact that there may be pending a representation dispute before the National Mediation Board shall not deprive the court of jurisdiction. SEC. 707. TRANSFER OF AVIATION SAFETY FUNCTIONS BACK TO FEDERAL AVIATION ADMINISTRATION. SEC. 1. (a) There are hereby transferred to and vested exclusively in the Administrator of the Federal Aviation Administration the following functions, powers, and duties of the Secretary of Transportation. (b) Those specified in section 106(g) of title 49 of the United States Code, and (c) Sections 315, 316, and 317 of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1356, 1357, and 1358). SEC. 2. The Administrator shall not submit decisions rendered under the authority of the provisions cited in section 1 for the approval of, nor be bound by the decisions or recommendations of, the Secretary or any committee, board, or other organization created by Executive Order. SEC. 3. In exercising the functions, powers and duties enumerated in section 1, the Administrator shall be guided by the declaration of policy in section 103 of the Federal Aviation Act of 1958, as amended, (49 U.S.C. App. 1303). SEC. 708. Section 401(h) of the Federal Aviation Act of 1958, as amended (49 App. U.S.C. 1371(h)) is amended-- (1) by redesignating the existing text as paragraph (1); and (2) by adding at the end of the following new paragraph: `(2) The Secretary of Transportation shall, upon any such transfer, certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives that the transfer is consistent with the public interest. `(3) For purposes of this subsection, a transfer of a certificate is consistent with the public interest if that transfer does not adversely affect: (A) the viability of each of the carriers involved in the transfer; (B) competition in the domestic airline industry, and (C) the trade position of the United States in the international air transportation market.'.