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FAA Reauthorization Bills - Comparison

On Capitol Hill

Issue Brief

Comparison of Key Provisions in House and Senate Federal Aviation Administration Reauthorization Bills

April 1999

ISSUE

H.R. 1000

S. 82

AIP Authorization

FY99: $2.41B
FY00-04: $5B each year
(Sec. 101)

FY99: $2.41B
FY00: $4.88B
(Sec. 103)

F&E

FY99: $2.13B
FY00: $3B
FY01-04: $3.2B each year
(Sec. 102)

FY99: $2.089B
FY00: $2.189B
(Sec. 102)

Operations

FY99: $5.632B
FY00: $6.096B
FY01: $6.675B
FY02: $7.31B
FY03: $8.004B
FY04: $8.764B
(Sec. 103)

FY99: $5.63B
FY00: $5.78B
(Sec. 101)

User fees

None

None

Cost accounting system

Requires an independent validation of FAA’s cost accounting system by DOT Inspector General. (Sec. 307)

Similar to House language. (Sec. 414)

Air Traffic Control – Performance Based Organization

Requires air traffic control oversight board and chief operating officer.

(Sec. 302-303)

No similar provision.

Personnel reform

Makes changes to personnel system regarding applicability of Merit Systems Protections Board. (Sec. 704)

Similar to House language.
(Sec. 425)

General Fund Contribution

Requires 30% of FAA’s budget to be provided by the General Fund. (Sec. 1001(6))

No similar provision.

Budget Treatment for Airport and Airway Trust Fund

Removes trust fund receipts from budget calculations. Establishes safeguards against deficit spending from the trust fund. (Title IX)
Establishes a guaranteed spending level of aviation revenues. (Title X)

No similar provision.

Airport slots

Repeals slot rule for O’Hare, Laguardia and JFK airports. Allows exemptions from slot requirements at Ronald Reagan Washington National Airport for certain flights to airports not receiving sufficient service. No more than six slot exemptions per day may be granted. Exemption may only be granted to flights within 1250 miles of the airport. (Sec. 201)

Provides certain slot exemptions at National, creating 48 new slots per day. (Sec. 506)
Exempts National Airport from the perimeter rule (1250 mile restriction) for certain flights. (Sec. 507)
Makes 30 slot exemptions for certain flights at O’Hare Airport. Eighteen slots would provide service to underserved communities, and twelve slots would be available for general distribution.
(Sec. 508)

Increased passenger facility charges (PFCs) for air carrier passengers

Allows state and local authorities to increase the PFC under certain circumstances. New amount may not exceed twice the current level. (Sec. 109)

No similar provision.

AIP formula changes

Makes changes to procedure for letters of intent. (Sec. 105(a))
Changes apportionments for airports. (Sec. 105(b))
Increases entitlement for general aviation airports from 18.5% to 20% and makes other changes to funding for non-primary airports. (Sec. 105(d))

No similar provision.

Federal matching share for AIP projects at airports

Clarifies that the federal share for projects funded by grants issued to and administered by a state may not be more than 90%. During FY00, the federal government may pay for 100% of the cost of projects at airports other than primary airports; and, at primary airports with less than .05% of the total passenger boardings. (Sec. 115)

Clarifies that the federal share for projects at airports other than primary airports may not exceed 90%. (Sec. 203)

Grants for noise compatibility plans and programs

Increases amount DOT Secretary can use from certain discretionary funds for noise compatibility planning from 31% to 34%. (Sec. 105(h))

Increases amount DOT Secretary can use from certain discretionary funds for noise compatibility planning and programs from 31% to 35%. (Sec. 204)
Allows certain funds that were not used for discretionary grants to be used for noise abatement. (Sec. 212)

Grants from Small Airport Fund

Establishes a set-aside for certain airports (with scheduled passenger service using aircraft designed for more than nine and less than 31 passengers) to comply with new safety equipment requirements. (Sec. 111)

No similar provision.

DOT Secretary Discretionary Fund

Redesignates funds available from DOT Secretary discretionary fund (Sec. 124)

Redesignates funds available from DOT Secretary discretionary fund, similar to House language. (Sec. 205(d))

Airport development for turbine powered aircraft

Priority consideration must be given to certain airport development projects that support operations of turbine powered aircraft. (Sec. 124)

No similar provision.

Conveyance of property

Requires notice and public comment before certain conveyances of land and before DOT Secretary can issue certain waivers. (Sec. 119)

Public notice not less than 30 days prior to waiving a grant assurance that requires property to be used for aeronautical purposes, effective for any request filed on or after enactment. (Sec. 208)
FAA to allow certain non-aeronautical uses of government-conveyed properties. (Sec. 408)

Innovative financing techniques for airport grant funds

Establishes a demonstration program for 20 airports to implement financing such as commercial bond insurance, payment of interest or flexible non-Federal matching requirements.
(Sec. 113)

Similar to House language. (Sec. 202)

GAO study on air transportation needs

No similar language.

Requires GAO study on national airport network and its ability to meet air transportation needs. (Sec. 511)

Grant eligibility for private relievers

No similar provision.

If FAA issues revised guidance after 7/1/98 for designation of relievers, then those receiving AIP funds before 10/9/96 will be grandfathered. (Sec. 205[f])

State highway specifications for airfield pavement construction

Secretary may permit for nonprimary airports serving aircraft weighing 60,000 pounds or less.
(Sec. 105 (6))

Secretary may permit for airports with runways 5,000 feet or shorter which serve aircraft weighing 60,000 pounds or less; if airports take advantage of this provision, they would be prohibited for 10 years from subsequently seeking funds to strengthen the runway. (Sec. 205[n])

Airfield pavement conditions

No similar provision.

Requires FAA to evaluate options for improving quality of information available, including requiring airports to submit additional data. (Sec.211)

Denial of airport access to certain air carriers (Centennial Airport)

Administrator can allow certain airports (that serve scheduled passenger operations using aircraft designed to hold more than nine but less than 31 passenger seats) to preclude certain charter operations. (Sec. 122)

Permits certain reliever airport owners or operators to deny access to air carrier conducting public charter operations under Part 380 using aircraft designed to carry more than nine passengers. (Sec. 421)

Park overflights

Similar to previous versions. (Title VIII)

Similar to previous versions, but also prohibits commercial air tours over Rocky Mountain National Park. (Title VI) Requires a feasibility study of initiating altitude restrictions at Taos Pueblo and Blue Lakes Wilderness Area (New Mexico). (Sec. 432)

Navigation systems (GPS/WAAS and Loran)

Requires that Loran C navigation facilities be maintained and upgraded throughout the transition to satellite-based navigation.

Within 6 months of enactment, FAA must identify/develop, and submit to House and Senate Committees, a timetable for implementing WAAS and determine if it will be a primary or sole means of navigation. (Sec. 410)

Aircraft emergency locator transmittors

No similar provision.

Required by 2002; exception for airlines, training operations within 50 mile radius of airport, aerial applicators, and design, testing, manufacture, preparation and delivery of aircraft, showing compliance with regulations, exhibition or air racing. (Sec. 404)

Aircraft parts

Requires rulemaking on safe disposition of life-limited parts removed from an aircraft. (Sec. 507)

Denial or revocation of certificates for those selling, repairing, installing or manufacturing bogus parts; denial of employment to convicted bogus parts dealers; certificate can be reissued if conviction is reversed or person is acquitted of all charges. (Sec. 405)

Penalty for operating without an airman’s certificate

No similar provision.

Establishes criminal penalties for operating in air transportation without an airman’s certificate. (Sec. 309)

Emergency Certificate Revocation

Allows appeal of emergency certificate revocations. Two NTSB members must make determination within ten days. (Sec. 709)

No similar provision.

Weather

No similar provision.

FAA to keep human weather observers for ASOS until 60 days after Secretary of Transportation determines ASOS provides consistent reporting of meteorological conditions and notifies Congress in writing of that determination. (Sec. 106)

Pilot record sharing

Amends Pilot Records Improvement Act to allow certain electronic access to FAA records. Clarifies information that must be provided by previous employer and makes technical amendments. (Sec. 502)

Clarifies information that must be provided by previous employer and makes technical amendments to Pilot Records Improvement Act. (Sec. 306)

Alaska guide pilots

Beginning on date of enactment, Alaska guide pilots will be regulated under Part 91. FAA will issue rulemaking to establish special rules that will apply. (Sec. 723)

Reissue 1/2/98 Federal Register notice of Part 135 compliance for comment; notwithstanding comments, if FAA proceeds with the action, it must publish justification in Federal Register within 90 days of compliance. (Sec. 411)

Repair and Maintenance Advisory Panel

DOT to establish an aircraft and aviation component repair and maintenance advisory panel. (Sec. 729)

FAA to establish an aircraft and aviation component repair and maintenance advisory panel. (Sec. 426)

Aircraft situational display data

Requires that any person who obtains aircraft situational display data must block an aircraft registration number at the FAA’s request. (Sec. 719)

Identical to House language. (Sec. 428)

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Posted Friday, April 16, 1999 12:54:43 PM