McCain/Ford Bill s.1239 (September 1995)

104th CONGRESS
1st Session

S. 1239

To amend title 49, United States Code, with respect to the regulation of interstate transportation by common carriers engaged in civil aviation, and for other purposes.

IN THE SENATE OF THE UNITED STATES

September 13 (legislative day, SEPTEMBER 5), 1995

Mr. MCCAIN (for himself, Mr. FORD, and Mr. HOLLINGS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation.

A BILL

To amend title 49, United States Code, with respect to the regulation of interstate transportation by common carriers engaged in civil aviation, and for other purposes.

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 SECTIONS.

  • (a) SHORT TITLE- This Act may be cited as the 'Air Traffic Management System Performance Improvement Act of 1995.'
  • (b) TABLE OF SECTIONS- The table of sections for this bill is as follows:
    • Sec. 1. Short title; table of sections.
    • Sec. 2. Definitions.
    • Sec. 3. Effective date.

Title I – General Provisions

  • Sec. 101. Findings.
  • Sec. 102. Purposes.
  • Sec. 103. Regulation of civilian air transportation and related services by the Federal Aviation Administration and the Department of Transportation.
  • Sec. 104. Regulations.
  • Sec. 105. Personnel and services.
  • Sec. 106. Contracts.
  • Sec. 107. Budget.
  • Sec. 108. Facilities.
  • Sec. 109. Property.
  • Sec. 110. Select panel to review innovative funding mechanisms.
  • Sec. 111. Transfers of funds from other Federal agencies.
  • Sec. 112. Management Advisory Council.
  • Sec. 113. Aircraft engine standards.

Title II – Federal Aviation Administration Streamlining Programs

  • Sec. 201. Innovative program for air traffic control modernization.
  • Sec. 202. Air traffic control modernization reviews.
  • Sec. 203. Innovative program for Federal Aviation Administration services.

Title III – System to Fund Certain Federal Aviation Administration Functions

  • Sec. 301. Findings.
  • Sec. 302. Purposes.
  • Sec. 303. User fees for various Federal Aviation Administration services.
  • Sec. 304. User fees for air traffic control services.
  • Sec. 305. Administrative provisions.
  • Sec. 306. Increase in spending caps under trust fund.
  • Sec. 307. Advance appropriations for Airport and Airway Trust Fund Activities.

SEC. 2. DEFINITIONS.

For the purposes of this Act the following definitions shall apply:

  1. ADMINISTRATION- The term `Administration' means the Federal Aviation Administration.
  2. ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Aviation Administration.
  3. FEDERAL AGENCY- The term `Federal agency' means `agency' as defined in section 551(1) of title 5, United States Code.
  4. SECRETARY- The term `Secretary' means the Secretary of Transportation.

SEC. 3. EFFECTIVE DATE.

The provisions of this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act.

TITLE I – GENERAL PROVISIONS

SEC. 101. FINDINGS.

Congress finds that:

  1. In many respects the Federal Aviation Administration is a unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on outdated technology to carry out its responsibilities for a state-of-the-art industry.
  2. The users of the air transportation system now pay 70 percent of the budget of the Federal Aviation Administration, with the remaining 30 percent coming from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other users of Federal Aviation Administration's services.
  3. The Federal Aviation Administration must become a more efficient, effective, and different organization to meet future challenges.
  4. The need to balance the Federal budget means that the General Fund contribution cannot be relied upon in the future to meet the Federal Aviation Administration's overall budget.
  5. Congress must keep its commitment to the users of the national air transportation system by seeking to spend all monies collected from them each year and deposited into the Airport and Airways Trust Fund.
  6. The aviation community and the employees of the Federal Aviation Administration must come together to improve the system. The Federal Aviation Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity.
  7. The Federal Aviation Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization, these needs cannot be met.
  8. By the year 2003, the Federal Aviation Administration, to the extent possible, must be user supported, and have the ability to make rational short term and long term decisions.
  9. Absent significant and meaningful reform, future challenges and needs cannot be met.
  10. The Federal Aviation Administration must have a new way of doing business.
  11. There is widespread agreement within government and the aviation industry that reform of the Federal Aviation Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade.
  12. Because the Federal Aviation Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air transportation system faces significant problems without significant changes, the Federal Aviation Administration must be enabled to change the Federal procurement and personnel systems to ensure that the Federal Aviation Administration has the ability to keep pace with new technology and is able to match resources with the real personnel needs of the Federal Aviation Administration.
  13. The existing budget system does not allow for long-term planning or timely acquisition of technology by the Federal Aviation Administration.
  14. Without reforms in the areas of procurement, personnel, funding, and governance, the Federal Aviation Administration will continue to experience delays and cost overruns in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur.
  15. All reforms should be designed to help the Federal Aviation Administration become more responsive to the needs of its customers.

SEC. 102. PURPOSES.

The purposes of this Act are:

  1. to ensure that final action shall be taken on all notices of proposed rulemaking of the Federal Aviation Administration within 18 months after the date of their initiation
  2. to permit the Federal Aviation Administration, with Congressional review, to establish an innovative program for procurement reform
  3. to permit the Federal Aviation Administration, with Congressional review, to establish an innovative program for personnel reform
  4. to permit the Federal Aviation Administration, with Congressional review, to establish a program of incentive-based fees for services to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Federal Aviation Administration
  5. to establish a more autonomous and accountable Federal Aviation Administration within the Department of Transportation
  6. to make the Federal Aviation Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safety of the travelling public.

SEC. 103. REGULATION OF CIVILIAN AIR TRANSPORTATION AND RELATED SERVICES BY THE FEDERAL AVIATION ADMINISTRATION AND DEPARTMENT OF TRANSPORTATION.

(a) IN GENERAL- Section 106 of title 49, United States Code, is amended:

  1. by striking 'The Administrator' in the fifth sentence of subsection (b) and inserting 'Except as provided in subsection (f) of this section or in other provisions of law, the Administrator'
  2. by amending subsection (f) to read as follows:
    (f) Authority of the Secretary and the Administrator:
    1. AUTHORITY OF THE SECRETARY: Except as provided in paragraph (2) the Secretary of Transportation shall carry out the duties and powers of the Administration.
    2. AUTHORITY OF THE ADMINISTRATOR: The Administrator:
      • (A) is the final authority for carrying out all functions, powers, and duties of the Administration relating to:
        • (i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees
        • (ii) the acquisition and maintenance of property and equipment of the Administration
        • (iii) except as otherwise provided in section 104 of the Air Traffic Management System Performance Improvement Act of 1995, the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration
        • (iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1995 (or any amendment made by that Act)
      • (B) shall offer advice and counsel to the President with respect to the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
      • (C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law
      • (D) except as otherwise provided for in this title, and notwithstanding any other provision of law to the contrary, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.
    3. DEFINITION OF POLITICAL APPOINTEE- For purposes of this subsection, the term political appointee' means any individual who
      • (A) is employed in a position on the Executive Schedule under sections 5312 through 5316 of title 5, United States Code
      • (B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service as defined under section 3132(a) (5), (6), and (7) of title 5, United States Code, respectively
      • (C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations

(b) PRESERVATION OF EXISTING AUTHORITY- Nothing in this Act limits any authority granted to the Administrator by statute or by delegation that was in effect on the day before the date of enactment of this Act.

SEC. 104. REGULATIONS.

  • (a) IN GENERAL- In the performance of the functions of the Administrator and the Administration, the Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out those functions. The issuance of such regulations shall be governed by the provisions of chapter 5 of title 5, United States Code. The Administrator shall act upon all petitions for rulemaking no later than 6 months after the date such petitions are filed by dismissing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking. The Administrator shall issue a final regulation, or take other final action, not later than 18 months after the date of publication in the Federal Register of a notice of proposed rulemaking or, in the case of an advanced notice of proposed rulemaking, if issued, not later than 24 months after that date.
  • (b) Approval of Secretary of Transportation:
    1. GENERAL RULE- The Administrator may not issue a proposed regulation or final regulation that is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $50,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of this Act) in any 1 year, or any regulation which is significant, unless the Secretary of Transportation approves the issuance of the regulation in advance. For purposes of this paragraph, a regulation is significant if it is likely to:
      • (A) have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities
      • (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency
      • (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof
      • (D) raise novel legal or policy issues arising out of legal mandates.
    3. EMERGENCY ACTION- In an emergency, the Administrator may issue a regulation described in paragraph (1) without prior approval by the Secretary, but any such emergency regulation is subject to ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays, Sundays and legal public holidays) after issuance if the Secretary fails to ratify its issuance.
    4. Any regulation that does not meet the criteria of paragraph (1), and any regulation or other action that is a routine or frequent action or a procedural action, may be issued by the Administrator without review or approval by the Secretary.
    5. The Administrator shall submit a copy of any regulation requiring approval by the Secretary under paragraph (1) to the Secretary, who shall either approve it or return it to the Administrator with comments within 45 days after receiving it.
  • (c) PERIODIC REVIEW:
    1. NEW REGULATIONS- Beginning 3 years after the date of enactment of this Act, the Administrator shall review any unusually burdensome regulation issued by the Administrator after the date of enactment of this Act not later than 3 years after the effective date of the regulation to determine if the cost assumptions were accurate, the benefit of the regulations, and the need to continue such regulations in force in their present form.
    2. EXISTING REGULATIONS- The Administrator may identify unusually burdensome regulations in force that were issued before the date of enactment of this Act for review, more than 3 years after the date of enactment of this Act, under the criteria set forth in paragraph (1).
    3. UNUSUALLY BURDENSOME REGULATION- For purposes of this subsection, the term unusually burdensome regulation' means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of this Act) in any year.
    4. USE OF ADVISORY COMMITTEE- The Administrator may, in the Administrator's discretion, use an advisory committee to perform the review.

SEC. 105. PERSONNEL AND SERVICES.

  • (a) OFFICERS AND EMPLOYEES- In the performance of the functions of the Administrator, the Administrator is authorized to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and compensated in accordance with title 5, United States Code. In fixing compensation and benefits of officers and employees, the Administrator shall not engage in any type of bargaining nor shall he be bound by any requirement to establish such compensation or benefits at particular levels.
  • (b) EXPERTS AND CONSULTANTS- The Administrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code.
  • (c) TRANSPORTATION AND PER DIEM EXPENSES- The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5, United States Code.
  • (c) TRANSPORTATION AND PER DIEM EXPENSES- The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5, United States Code.
  • (d) USE OF PERSONNEL FROM OTHER AGENCIES- The Administrator is authorized to utilize the services of personnel of any other Federal agency.
  • (e) VOLUNTARY SERVICES
    1. IN GENERAL- In exercising the authority to accept gifts and voluntary services under section 326 of title 49, United States Code, and without regard to section 1342 of title 31 of such Code, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees employed on a full-time, part-time, or seasonal basis.
    2. EXPENSES- The Administrator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence for volunteers who provide voluntary services under this subsection.
    3. ADMINISTRATIVE CONCERNS- An individual who provides voluntary services under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States Code, relating to compensation for work injuries, and chapter 171 of title 28, United States Code, relating to tort claims.

SEC. 106. CONTRACTS.

The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate.

SEC. 107. BUDGET.

(a) IN GENERAL- Section 48109 of title 49, United States Code, is amended to read as follows:

Sec. 48109. Budget information and legislative recommendations and comments

  • (a) PREPARATION- Beginning with the budget for first fiscal year beginning after the first fiscal year in which the Federal Aviation Administration is funded entirely by user fees, the Administrator shall prepare a budget for the Administration for each fiscal year.
  • (b) SUBMISSION OF BUDGET TO DOT- At the same time that agencies of the Department of Transportation having jurisdiction over other modes of transportation are required to submit their budgets to the Secretary of Transportation, the Administrator shall submit to the Secretary the budget prepared by the Administrator. The budget submission shall include a statement of income and expenses and analysis of the surplus or deficit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986, and any other such supplementary information as is necessary or desirable to make known about the financial condition and operations of the Administrator. The annual budget shall be included in the budget submitted by the President pursuant to chapter 11 of title 31, United States Code. The Secretary shall review the budget and may recommend to the Administrator modifications in the budget necessary to ensure that the budget is consistent with the need of the national transportation system. The Administrator, at its discretion, may modify the budget to adopt any recommendation made by the Secretary.
  • (c) SUBMISSION OF BUDGET TO CONGRESS
    1. (1) IN GENERAL- When the Administrator submits to the President or the Director of the Office of Management and Budget any budget information, legislative recommendation, or comment on legislation about amounts authorized in section 48101 or 48102, the Administrator concurrently shall submit a copy of the information, recommendation, or comment to the Speaker of the House of Representatives, the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives, the President of the Senate, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate.
    2. (2) SPECIAL RULE WITH RESPECT TO ANNUAL BUDGETS- The annual budget of the Administration submitted to Congress shall include
      • (A) any modifications made by the Administrator under subsection (b) with respect to the budget
      • (B) if the Administrator does not adopt a recommendation made by the Secretary under subsection (b), a description of the recommendation and the reasons for not adopting the recommendation.
  • (d) COST REDUCTION AND EFFICIENCY REPORT REQUIRED- Whenever the Administrator submits a report, request, or proposal that contains an increase in either the budget of the Administration or any of the fees imposed by the Administration, the Administrator shall submit, as a part of that report, request, or proposal
    1. an explanation that states specifically the need for the increase
    2. a statement of any steps taken by the Administration to reduce costs and improve efficiency in order to avoid or limit the increase.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 481 of such title is amended by striking the item relating to section 48109 and inserting the following:
  • 48109. Budget information and legislative recommendations and comments.

SEC. 108. FACILITIES.

With the consent of appropriate officials, the Administrator may, with or without reimbursement, use or accept the services, equipment, personnel, and facilities of any other Federal agency and any other public or private agency. The Administrator may also cooperate with appropriate officials of other public and private agencies and instrumentalities concerning the use of services, equipment, personnel, and facilities. The head of each Federal agency shall cooperate with the Administrator in making the services, equipment, personnel, and facilities of the Federal agency available to the Administrator. The head of a Federal agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, without reimbursement, supplies and equipment other than administrative supplies or equipment.

SEC. 109. PROPERTY.

(a) ACQUISITION- The Administrator is authorized
  1. to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain
    • (A) air traffic control facilities and equipment
    • (B) research and testing sites and facilities
  2. to lease to others such real and personal property; and
  3. to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administrator, and to purchase and maintain equipment for these facilities.
  4. (C) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary
(b) TITLE- Title to any property or interest therein acquired pursuant to this section shall be held by the Government of the United States.

SEC. 110. SELECT PANEL TO REVIEW INNOVATIVE FUNDING MECHANISMS.

  • (a) ESTABLISHMENT- The Administrator shall establish a select panel to review and report to Congress regarding a limited innovative program to fund specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development. The mechanisms to be reviewed shall include loan guarantees, financial partnerships with for-profit private sector entities, government sponsored enterprises, and revolving loan funds.
  • (b) APPOINTMENT OF MEMBERS- The members of any panel established under this section shall consist of appropriate Federal Government officials and representatives of the aviation industry, Administration employees, the financial community, and State and local governments.
  • (c) TRAVEL AND PER DIEM- Each member of the panel established under this section shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence.
  • (d) REPORT- Not later than 6 months after the date of the appointment of the last member to the panel under subsection (b), the panel shall submit to the Congress and the Administration a report on the results of the review conducted under this section.
  • (e) FEDERAL ADVISORY COMMITTEE ACT NOT TO APPLY- The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the panel established under this section.
  • (f) TERMINATION- The panel established under this section shall terminate on the date that is 30 days after the date of submission of the report under subsection (d).

SEC. 111. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.

The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies to carry out functions transferred by this Act to the Administrator or functions pursuant to law to the Administrator on or after the date of the enactment of this Act.

SEC. 112. MANAGEMENT ADVISORY COUNCIL.

(a) ESTABLISHMENT- Within 3 months of the date of enactment of this Act, the Administrator shall established an advisory council which shall be known as the Federal Aviation Management Advisory Council (in this section referred to as the Council'). With respect to Federal Aviation Administration management, policy, spending, and regulatory matters affecting the aviation industry, the Council may submit comments, recommended modifications, and dissenting views to the Administrator. The Administrator shall include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting views received from the Council, together with the reasons for any differences between the views of the Council and the views or actions of the Administrator.

(b) MEMBERSHIP- The Council shall consist of 15 members, who shall consist of

  1. a designee of the Secretary of Transportation
  2. a designee of the Secretary of Defense
  3. 13 members appointed by the Administrator

(c) QUALIFICATIONS- Members appointed to the Council under this section shall be selected from among individuals who are experts in disciplines relevant to the aviation industry and who are able collectively to represent a balanced view of the issues important to air carriers, general aviation, business aviation, airports, commercial space transportation, industry and Administration employees, aircraft manufacturers, and public users.

(d) FUNCTIONS

  1. IN GENERAL- The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the operations of the Administrator. The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administration.
  2. PANELS AND WORKING GROUPS- The chairman of the Council shall establish a panel or working group, from among the members of the Council, on the development of fees for various Federal Aviation Administration services under section 303 and for air traffic control services under section 304, and may establish such additional panels and working groups, consisting of members of the Council, as may be necessary to carry out the functions of the Council.
  3. MEETINGS- The Council shall meet on a regular and periodic basis or at the call of the chairman or of the Administrator.
  4. ACCESS TO DOCUMENTS AND STAFF- The Administration may give the Council appropriate access to relevant documents and personnel of the Administration.

(e) FEDERAL ADVISORY COMMITTEE ACT NOT TO APPLY- The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Council.

(f) Administrative Matters

  1. Terms of members
    • (A) 3-YEAR TERMS- Except as provided in subparagraph (B), members of the Council appointed by the Administrator under subsection (b)(3) shall be appointed for a term of 3 years.
    • (B) INITIAL APPOINTEES- Of the members first appointed by the Administrator
      • (i) 4 shall be appointed for terms of 1 year
      • (ii) 5 shall be appointed for terms of 2 years
      • (iii) 4 shall be appointed for terms of 3 years
    • (C) FILLING UNEXPIRED TERM- An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
    • (D) EXPIRATION OF TERMS- A member whose term expires shall continue to serve until the date on which the member's successor takes office.
  2. CHAIRMAN; VICE CHAIRMAN- The Council shall elect a chair and a vice chair from among its members, each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chairman in the absence of the chairman.
  3. TRAVEL AND PER DIEM- Each member of the Council shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5, United States Code.
  4. DETAIL OF PERSONNEL FROM THE ADMINISTRATION- The Administrator shall make available to the Council such staff, information, and administrative services and assistance as may reasonably be required to enable the Council to carry out its responsibilities under this section.

SEC. 113. AIRCRAFT ENGINE STANDARDS.

Subsection (a)(1) of section 44715 of title 49, United States Code, is amended to read as follows:

(a) STANDARDS AND REGULATIONS- (1) To relieve and protect the public health and welfare from aircraft noise, sonic boom, and aircraft engine emissions, the Administrator of the Federal Aviation Administration, as he deems necessary, shall prescribe

  • (A) standards to measure aircraft noise and sonic boom
  • (B) regulations to control and abate aircraft noise and sonic boom
  • (C) emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which, in the judgment of the Administrator, causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare.

TITLE II – FEDERAL AVIATION ADMINISTRATION STREAMLINING PROGRAMS

SEC. 201. INNOVATIVE PROGRAM FOR AIR TRAFFIC CONTROL MODERNIZATION.

(a) INNOVATIVE PROGRAM- The Administrator shall develop and implement an innovative program under which an acquisition management system is used to procure goods and services by the Administration.

(b) EXEMPTION FROM PROCUREMENT LAWS

  1. IN GENERAL- Subject to paragraph (2), in carrying out the acquisition management system used under the innovative program, the Administrator may waive all or any part of
    • (A) title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 5, and 251 through 266)
    • (B) the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)
    • (C) sections 8, 9, and 15 of the Small Business Act (15 U.S.C. 637, 638, and 644), but the Administrator shall provide resources for the development and implementation of a program that presents the maximum opportunities, to the extent possible, for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the performance of contracts awarded by the Federal Aviation Administration; and
    • (D) any provision of law that, pursuant to section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430), is listed in the Federal Acquisition Regulation as being inapplicable
      • (i) to contracts for the procurement of commercial items; or
      • (ii) in the case of a subcontract under the innovative program, to subcontracts for the procurement of commercial items
    • (E) the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355)
    • (F) the Service Contract Act
    • (G) subchapter V of chapter 35 of title 31, United States Code, relating to the procurement protest system
    • (H) the Brooks Automatic Data Processing Act (section 111 of the Federal Property and Administrative Services Act of 1949; 40 U.S.C. 759)
    • (I) the Brooks Architect-Engineer Act (40 U.S.C. 541-544); and
    • (J) the Federal Acquisition Regulation and any law that is not listed in subparagraphs (A) through (I) providing authority to promulgate regulations in the Federal Acquisition Regulation.
  2. The Department of Defense shall have the same exemptions from acquisition laws as are waived by the Administrator under paragraph (1) when engaged in joint actions to improve or replenish the national air traffic control system. The Administration may acquire real property, goods, and services through the Department of Defense, or other appropriate agencies, but is bound by the acquisition laws and regulations governing those cases.
  3. EFFECTIVE DATE - The Administrator may not waive the laws referred to in paragraph (1) until the expiration of the 30-day period referred to in subsection (d)(2).

(c) DEVELOPMENT OF ACQUISITION MANAGEMENT SYSTEM

  1. IN GENERAL- Not later than 180 days after the effective date of this Act, the Administrator, in consultation with such governmental and nongovernmental experts in acquisition management systems as the Administration may employ, shall develop an acquisition management system for the Administration. Notwithstanding any other provision of law to the contrary, the Administrator may, for purposes of this section, retain such experts under a contract awarded on a basis other than a competitive basis and without regard to any such provisions requiring competitive bidding or precluding sole source contract authority. In developing the system, the Administrator may utilize the services of experts and consultants under section 3109 of title 5, United States Code, without regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary.
  2. REQUIREMENTS- The acquisition management system to be developed by the Administrator under paragraph (1) shall be
    • (A) designed to ensure that new equipment is installed and certified as quickly as possible without sacrificing safety, principles of fairness, and protection against waste, fraud, and abuse
    • (B) designed to ensure the best practicable acquisitions in terms of best value.

(d) NOTICE TO CONGRESS

  1. IN GENERAL - Upon completion of the development of the acquisition management system, the Administrator shall submit a comprehensive plan describing the acquisition management system to the Congress. The Administrator shall also transmit with the plan a copy of all suggestions and comments provided to the Administration by the Department of Transportation, and by outside experts (if any), on the acquisition management system.
  2. DATE OF IMPLEMENTATION- The Administrator may begin to implement the acquisition management system only after the expiration of the 30-day period that begins on the date on which the plan is submitted to the Congress under paragraph (1).

(e) EXPERT EVALUATION- Three years after the acquisition management system is implemented, the Administration shall employ outside experts to provide an independent evaluation of the effectiveness of the system within 3 months. The Administrator shall transmit a copy of the evaluation to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.

(f) MODIFICATIONS TO SYSTEM- The Administrator may periodically make modifications to the acquisition management system. Any such modifications shall be submitted to the Congress under subsection (d) in the same manner as the acquisition management system plan and may not be implemented until after the expiration of the 30-day period beginning on the date of submission.

SEC. 202. AIR TRAFFIC CONTROL MODERNIZATION REVIEWS.

(a) REQUIRED TERMINATIONS OF ACQUISITIONS- The Administrator shall terminate any program initiated after the date of enactment of this Act and funded under the Facilities and Equipment account that

  1. is more than 50 percent over the cost goal established for the program
  2. fails to achieve at least 50 percent of the performance goals established for the program; or
  3. is more than 50 percent behind schedule as determined in accordance with the schedule goal established for the program.

(b) AUTHORIZED TERMINATIONS OF ACQUISITIONS- The Administrator shall consider terminating, under the authority of subsection (a), any substantial acquisition that

  1. is more than 10 percent over the cost goal established for the program
  2. fails to achieve at least 90 percent of the performance goals established for the program; or
  3. is more than 10 percent behind schedule as determined in accordance with the schedule goal established for the program.

(c) Exception and Report

  1. CONTINUANCE OF PROGRAM, ETC - Notwithstanding subsection (a), the Administrator may continue an acquisitions program required to be terminated under subsection (a) if the Administrator determines that termination would be inconsistent with the development or operation of the national air transportation system in a safe and efficient manner.
  2. REPORT - If the Administrator makes a determination under paragraph (1), the Administrator shall transmit a copy of the determination, together with a statement of the basis for the determination, to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.

SEC. 203. INNOVATIVE PROGRAM FOR FEDERAL AVIATION ADMINISTRATION SERVICES.

(a) INNOVATIVE PROGRAM - The Administrator shall develop and implement an innovative program under which a personnel management system is used for the management, compensation, and advancement of Administration employees.

(b) EXEMPTION FROM CERTAIN PROVISIONS OF TITLE 5, UNITED STATES CODE -

  1. IN GENERAL - Except as otherwise provided in this section, under the innovative program, the Administration shall be exempt from parts II and III of title 5, United States Code.
  2. EFFECTIVE DATE- The exemption provided by paragraph (1) shall not take effect until the expiration of the 30-day period specified in subsection (d)(2)

(c) DEVELOPMENT OF PERSONNEL MANAGEMENT SYSTEM

  1. IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with Administration employees, including designated bargaining representatives, and such governmental and nongovernmental experts in personnel management systems as the Administrator may employ, shall develop a personnel management system for the Administration. Notwithstanding any other provision of law to the contrary, the Administrator may, for purposes of this section, retain such experts under a contract awarded on a basis other than a competitive basis and without regard to any such provisions requiring competitive bidding or precluding sole source contract authority. In developing the system, the Administrator may utilize the services of experts and consultants under section 3109 of title 5, United States Code, without regard to the limitation imposed by the last sentence of section 3109(b) of such title.
  2. GOAL- The goal of the personnel management system to be developed by the Administrator under paragraph (1) is to provide, consistent with the requirements of this section, the Administration with the ability
  • (A) to hire, promote, and fire employees as in the private sector;
  • (B) to establish a pay structure as needed to conduct the business of the Administration in an efficient and effective manner within available resources;
  • (C) to provide salaries designed to attract the best qualified employees within available resources;
  • (D) to staff facilities that are difficult to staff;
  • (E) to move personnel to those facilities where they are most needed; and
  • (F) to continue to provide an appropriate framework for labor-management relations concerning terms and conditions of employment.

(d) Notice to Congress

  1. IN GENERAL- Upon development of the personnel management system under this section, the Administrator shall submit a comprehensive plan describing the personnel management system to the Congress. The Administrator shall also transmit with the plan a copy of all suggestions and comments provided to the Administration by the Department of Transportation, and by outside experts (if any), on the personnel management system.
  2. IMPLEMENTATION- The Administration may begin to implement the personnel management system only after the expiration of the 30-day period that begins on the date the plan is submitted to the Congress.

(e) EXPERT EVALUATION- Three years after the personnel management system is implemented, the Administration shall employ outside experts to provide an independent evaluation of the effectiveness of the system within 3 months. For this purpose, the Administrator may utilize the services of experts and consultants under section 3109 of title 5, United States Code, without regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary.

(f) EMPLOYEE RIGHTS AND BENEFITS- The enactment of this section shall not result in the exemption of employees of the Administration from any of the following provisions of title 5, United States Code:

  1. Section 2302(b) (relating to whistleblower protection).
  2. Sections 3308-3320 (relating to veterans' preference).
  3. Section 7116(b)(7) (relating to prohibition of the right to strike).
  4. Section 7204 (relating to antidiscrimination).
  5. Chapter 63 (relating to leave).
  6. Chapter 71 (relating to labor-management relations).
  7. Chapter 73 (relating to suitability, security, and conduct).
  8. Chapter 81 (relating to compensation for work injuries).
  9. Chapter 83 (relating to retirement).
  10. Chapter 84 (relating to the Federal Employees' Retirement System).
  11. Chapter 85 (relating to unemployment compensation).
  12. Chapter 87 (relating to life insurance).
  13. Chapter 89 (relating to health insurance).
  14. Subchapter II of chapter 53 (with respect to the pay of the Administrator).

(g) PAY RESTRICTION- No officer or employee of the Administration may receive an annual rate of basic pay in excess of the annual rate of basic pay payable to the Administrator.

(h) ETHICS- The Administration shall be subject to Executive Order 12674 and regulations and opinions promulgated by the Office of Government Ethics, including those set forth in section 2635 of title 5 of the Code of Federal Regulations.

(i) EMPLOYEE PROTECTIONS- Employment rights, wages, and benefits of employees of the Administration shall not be adversely affected by reason of the enactment of this section, except for unacceptable performance or by reason of a reduction in force or reorganization, during the period commencing on the effective date of this Act and ending on the date determined under subsection (b)(2).

(j) LABOR-MANAGEMENT AGREEMENTS- Except as otherwise provided by this Act, all labor-management agreements covering employees of the Administration that are in effect on the effective date of this Act shall remain in effect until their normal expiration date, unless the Administrator and the exclusive bargaining representative agree to the contrary.

(k) MODIFICATIONS TO SYSTEM- The Administrator may periodically make modifications to the personnel management system. Any such modifications shall be submitted to the Congress under subsection (d) in the same manner as the personnel management system plan and may not be implemented until after the expiration of the 30-day period beginning on the date of submission.

TITLE III – SYSTEM TO FUND CERTAIN FEDERAL AVIATION ADMINISTRATION FUNCTIONS

SEC. 301. FINDINGS.

The Congress finds the following:

  1. The Federal Aviation Administration is recognized throughout the world as a leader in aviation safety.
  2. The Administration certifies aircraft, engines, propellers and other manufactured parts.
  3. The Administration certifies more than 650 training schools for pilots and non-pilots, more than 4,858 repair stations, and more than 193 maintenance schools.
  4. The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a pilot.
  5. The Administration fully certifies more than 6,000 medical examiners, each of whom is then fully qualified to medically certify the qualifications of pilots and non-pilots.
  6. The Administration fully certifies more than 470 airports, and provides a limited certification for another 205 airports. Other airports in the United States are also reviewed by the Administration.
  7. The Administration each year performs more than 355,000 inspections.
  8. The Administration issues more than 655,000 pilots licenses and more than 560,000 non-pilot licenses (e.g., mechanics).
  9. The Administration's certification means that the product meets the highest standards of safety and reliability.
  10. The Administration's certification means aviation-related equipment and services meet the highest standards throughout the world.
  11. The Administration's certification is a valuable element for any company to sell aviation-related products throughout the world.
  12. The Administration certification constitutes a valuable license, franchise or privilege, and confers many benefits on the holders.
  13. The Administration also is a major purchaser of computers, radars and other systems needed to run the air traffic control system. The Administration's design, acceptance, commissioning, or certification of such equipment enables the private sector to market those products around the world, and as such confers a benefit on the manufacturer.
  14. The Administration provides extensive services to public use aircraft, including the military. Federal Aviation Administration cost allocation studies attribute about 15 percent of the cost of the airway system to public use aircraft. The estimated cost of these air traffic services in 1993 was $1.1 billion. Most of these services were provided to the military. The annual appropriations from the General Fund to the Administration have been considered, in part, payment for the cost of such services, but are expected to decline in future years.
  15. The Administration must be able to design, to the maximum extent possible, a performance-based system to recover its interest and cost in its certification and purchasing systems.

SEC. 302. PURPOSES.

The purposes of this title are –

  1. to provide a financial structure for the Federal Aviation Administration so that it will be able to support the future growth in the national aviation and airport system;
  2. to establish a program of incentive-based fees for services to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Federal Aviation Administration;
  3. to ensure that the funding obtained by user fees set by this title will be dedicated solely for the use of the Federal Aviation Administration;
  4. to authorize the Federal Aviation Administration to recover the costs of its services from those who benefit from the national aviation system and the services provided by the Federal Aviation Administration;
  5. to allow the Federal Aviation Administration to develop a fee system based on the cost or value of the services provided;
  6. to demonstrate to each segment of the aviation industry the benefits of a cost-based or value-based user fee system;
  7. to replace the existing user charges with a new fee system as a means of achieving a more efficient and effective Federal Aviation Administration for the aviation transportation industry; and
  8. to have the Federal Aviation Administration develop fee systems that do not directly impinge upon the non-business jet and non-commercial aspects of the general aviation community.

SEC. 303. USER FEES FOR VARIOUS FEDERAL AVIATION ADMINISTRATION SERVICES.

(a) IN GENERAL- Within 6 months of the date of enactment of this Act, the Administration shall submit to the Congress a performance-based fee system, to the maximum extent possible, for –

  1. services other than air traffic control services, including safety, certification, security, training, inspection, and other activities;
  2. services (other than air traffic control services) provided to a foreign government; and
  3. air traffic control services for –
    • (A) flights over the United States or its territories by air carriers that neither arrive at nor depart from a United States airport (other than such flights by foreign government aircraft engaged on official business); and
    • (B) business jets.

(b) CONSIDERATIONS- To the extent possible, the Administrator, in developing a fee system, shall consider –

  1. the impact on segments of the aviation industry; and
  2. the fair value, or cost, of the service provided by the Federal Aviation Administration.

(c) CONSULTATION WITH AFFECTED PARTIES- In developing proposals under this section, the Administrator shall consult with representatives of the commercial aviation industry, the general aviation sector, airports, and other affected parties.

(d) USE OF EXPERTS AND CONSULTANTS- In developing the system, the Administrator may consult with such nongovernmental experts as the Administrator may employ and the Administrator may utilize the services of experts and consultants under section 3109 of title 5, United States Code, without regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary. Notwithstanding any other provision of law to the contrary, the Administrator may retain such experts under a contract awarded on a basis other than a competitive basis and without regard to any such provisions requiring competitive bidding or precluding sole source contract authority. The Administrator shall cause a copy of the proposed fee system to be printed in the Federal Register upon its submission to the Congress.

(e) FEES EFFECTIVE 45 Days After Submission-

  1. IN GENERAL- Unless disapproved by the Congress under section 305(b), any fees proposed by the Administrator under this section shall take effect 45 days after the date on which the proposal is submitted to the Congress, or on such later date as the Administrator may propose. If a fee proposal is submitted to the Congress less than 45 days before the date on which the Congress adjourns sine die, or less than 45 days before any 30-day period in which neither House of the Congress is in session, then the fees so proposed shall not take effect unless resubmitted under this section. Any proposal resubmitted shall be considered a new submission for applying the first sentence of this paragraph to the resubmitted proposal.
  2. IMPLEMENTATION DELAYED IF TRUST FUND AMOUNTS ADEQUATE- Beginning with fiscal year 1998, no fee proposed by the Administrator may be imposed under this section unless the sum of the outlays from the Airport and Airway Trust Fund exceeds the receipts of the Fund for the preceding fiscal year.

(f) AGREEMENT WITH DEPARTMENT OF DEFENSE- Within 6 months after the date of enactment of this Act, the Administration shall enter into an agreement with the Department of Defense under which the Administration will be reimbursed for the net cost of air traffic control services provided to the Department of Defense.

(g) TERMINATION- Fees imposed under this section shall terminate 3 years after going into effect, but any amounts collected before the fees terminate shall remain available until expended.

(h) ADDITIONAL SYSTEM PROPOSALS- Not less than 6 months before the date on which any fee system imposed under this section terminates, the Administrator shall submit to the Congress a proposal for a fee system to replace the terminating system. Any replacement fee system proposed under this subsection shall be developed in consultation with the representatives described in subsection (c). The Administrator shall submit to the Congress at the same time as the proposal is submitted, a review of the effectiveness of the standards established for the fee system the proposed fee system is intended to replace, conducted by independent experts. The proposed replacement fee system shall take effect upon the termination of the fee system it replaces unless disapproved by the Congress under subsection (d), and shall terminate 3 years after going into effect.

(i) REPEAL- Sections 45301, 45302, and 70118 of title 49, United States Code, are repealed.

SEC. 304. USER FEES FOR AIR TRAFFIC CONTROL SERVICES.

(a) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Congress a proposed fee system for air traffic control services. In developing the proposal, the Administrator may utilize the services of experts and consultants under section 3109 of title 5, United States Code, without regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary, to develop air traffic control user fees based on improved system performance.

(b) LIMITATIONS-

  1. TRUST FUND PAYORS- Fees may not be imposed under this section on any segment of the aviation industry subject to trust fund taxes until the rate of trust fund taxes paid by that segment is reduced below the rate at which such taxes were assessed during fiscal year 1995.
  2. OTHER USERS- Notwithstanding paragraph (1), fees imposed under this section may be imposed on any user of air traffic control services not subject to trust fund taxes, so long as any such fees are consistent with international agreements.
  3. LIMITATION ON AMOUNT- The aggregate amount of fees imposed under this section in any year on any segment of the aviation industry may not exceed 110 percent of the projected difference between (1) the estimated aggregate amount that would have been collected in such year from that segment at the rates of Trust Fund taxes in effect in 1995 and (2) the estimated aggregate amount that would be collected in such year from that segment at the Trust Fund tax rates reduced below the levels in effect in 1995.

(c) FEES EFFECTIVE 45 DAYS AFTER APPROVAL- Unless disapproved by the Congress under section 305(b), fees proposed by the Administrator under this section take effect 45 days after the date on which the proposal is submitted to the Congress, or on such later date as the Administrator may propose.

(d) Definitions- When used in this section:

  1. SEGMENT- The term segment' refers to –
    • (A) commercial airlines;
    • (B) commercial cargo air carriers;
    • (C) business jets;
    • (D) general aviation; and
    • (E) public use.
  2. TRUST FUND TAXES- The term trust fund taxes' means Federal taxes the receipts from which are credited in whole or in part to the Airport and Airway Trust Fund.

(e) TERMINATION- Fees imposed under this section shall terminate 3 years after going into effect, but any amounts collected before the fees terminate shall remain available until expended.

(f) ADDITIONAL SYSTEM PROPOSALS- Not less than 6 months before the date on which any fee system imposed under this section terminates, the Administrator shall submit to the Congress a proposal for a fee system to replace the terminating system. Any replacement fee system proposed under this subsection shall be developed in consultation with the Management Advisory Council established under section 112. The Administrator shall submit to the Congress at the same time as the proposal is submitted, a review of the effectiveness of the standards established for the fee system the proposed fee system is intended to replace, conducted by independent experts. Unless disapproved by the Congress under section 305(b), the proposed replacement fee system shall take effect upon the termination of the fee system it replaces, and shall terminate 3 years after going into effect.

SEC. 305. ADMINISTRATIVE PROVISIONS.

(a) In General-

  1. FEES PAYABLE TO ADMINISTRATOR- All fees imposed under this title for services performed, or materials furnished, by the Administration are payable to the Administrator.
  2. REFUNDS- The Administrator may refund any fee paid by mistake or any amount paid in excess of that required.
  3. RECEIPTS CREDITED TO ACCOUNT- Notwithstanding section 3302 of title 31, United States Code, all fees collected by the Administration, except insurance premiums and other fees charged for the provision of insurance and deposited in the Aviation Insurance Revolving Fund and interest earned on investments of such Fund, (whether imposed under this section or not) –
    • (A) shall be credited to a separate account established in the Treasury and made available for Federal Aviation Administration activities as offsetting collections;
    • (B) shall be available only to the extent that the expenditures for the Administration exceed the amounts made available for such expenditures from the Airport and Airways Trust Fund; and
    • (C) shall remain available until expended.
  4. INVESTMENT OF ACCOUNT BALANCE- Any amount in the separate account established under paragraph (3)(A) of this section that is not needed for immediate disbursement shall be invested by the Secretary of the Treasury only in interest-bearing obligations of the United States, by purchasing such obligations (A) if at original issue, as the issue price, or (B) if outstanding, at the market price. The interest on, and proceeds from the sale or redemption of, any such obligation shall be credited to such separate account.
  5. ANNUAL BUDGET REPORT BY ADMINISTRATOR- The Administrator shall, on the same day each year as the President submits the annual budget to the Congress, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives –
    • (A) a list of fee collections by the Administration during the preceding fiscal year;
    • (B) a list of activities by the Administration during the preceding fiscal year that were supported by fee expenditures and appropriations;
    • (C) budget plans for significant programs, projects, and activities of the Administration, including out-year funding estimates;
    • (D) any proposed disposition of surplus fees by the Administration; and
    • (E) such other information as those committees consider necessary.

(b) Congressional Procedure-

  1. IN GENERAL- This subsection is enacted by the Congress as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such these provisions are deemed to be a part of the rules of each House of the Congress, respectively, applicable only to the procedure to be followed in that House for resolutions described in this subsection. These provisions supersede other rules of each House of the Congress only to the extent that they are inconsistent with those other rules, and they are enacted with full recognition of the constitutional right of each House to change them, to the extent that they relate to the procedure of that House, in the same manner and to the same extent as any other rule of that House.
  2. RESOLUTION- For purposes of this subsection, the term resolution' means a joint resolution relating to the disapproval of a fee proposal submitted by the Administrator under section 303 or section 304, the matter after the resolving clause of which is as follows: That the Congress disapproves the fee proposal submitted by the Administrator of the Federal Aviation Administration on ____ and identified as ____.', the first blank space being filled with the date on which the proposal was submitted and the second being filled with the title or other description of the proposal. The term does not include a resolution that relates to more than one proposal.
  3. REFERRAL- Upon introduction, a resolution shall be referred to the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives.
  4. MOTION TO DISCHARGE- If the committee to which a resolution has been referred has not reported it at the end of 20 calendar days after its introduction, it is in order to move to discharge the committee from further consideration of that resolution.
  5. RULES FOR MOTION TO DISCHARGE- A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same proposal), and debate thereon shall be limited to not more than 1 hour, with the time divided equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. Motions to postpone shall be decided without debate.
  6. EFFECT OF MOTION- If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same proposal.
  7. SENATE PROCEDURE-
    • (A) MOTION TO PROCEED- When the committee of the Senate has reported, or has been discharged from further consideration of, a resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
    • (B) LIMITATION ON DEBATE- Debate in the Senate on the resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.
    • (C) NO DEBATE ON CERTAIN MOTIONS- In the Senate, motions to postpone made with respect to the consideration of a resolution and motions to proceed to the consideration of other business shall be decided without debate.
    • (D) APPEALS- Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution shall be decided without debate.
  8. EFFECT OF ADOPTION OF RESOLUTION BY OTHER HOUSE- If, before the passage by one House of the Congress of a resolution of that House, it receives from the other House a resolution, then the following procedures apply:
    • (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it, except in the case of final passage as provided in subparagraph (B)(i).
    • (B) With respect to the resolution described in subparagraph (A) of the House receiving it –
      • (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
      • (ii) the vote on final passage shall be on the resolution of the other House.

SEC. 306. INCREASE IN SPENDING CAPS UNDER TRUST FUND.

Section 48104(c) of title 49, United States Code, is amended by adding at the end thereof the following:

This subsection shall be applied for fiscal years 1998 and 1999 by substituting zero percent 'for 50 percent' in paragraph (1), and by substituting 100 percent 'for 70 percent'. The preceding sentence shall not apply for any fiscal year for which fees imposed under section 303 of the Air Traffic Management Performance Improvement Act of 1995 are not in effect.

SEC. 307. ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST FUND ACTIVITIES.

(a) MULTIYEAR AUTHORIZATIONS- Beginning with fiscal year 1997, any authorization of appropriations for an activity for which amounts are to be appropriated from the Airport and Airway Trust Fund shall provide funds for a period of not less than 3 fiscal years unless the activity for which appropriations are authorized is to be concluded before the end of that period.

(b) MULTIYEAR APPROPRIATIONS- Beginning with fiscal year 1997, amounts appropriated from the Airport and Airway Trust Fund shall be appropriated for periods of 3 fiscal years rather than annually.