Side-by-Side Analysis of Major Provisions in 1996 FAA Reauthorization Legislation

	American Association of Airport Executives & Airports Council International - North America Legislative Affairs Representing the nation's airports in Washington, D.C.

Side-by-Side Analysis of Major Provisions in 1996 FAA Reauthorization Legislation

Provision	Existing Law	House Passed Bill	Senate Passed Bill	Conference Agreement
Length of Reauthorization		3 years	1 year	2 year
Authorized AIP Funding Levels		FY97 - $2.28 Billion FY98 - $2.347 Billion FY99 - $2.412 Billion	FY97- $2.28 Billion	FY97 - $2.28 Billion FY98 - $2.347 Billion
Authorized Facilities & Equipment Levels		FY97 - $2.068 Billion FY98 - $2.129 Billion FY99 - $2.191 Billion	FY97 - $1.8 Billion	FY97 - $2.068 Billion FY98 - $2.129 Billion
Authorized FAA Operations Levels		FY97 - $5.158 Billion FY98 - $5.344 Billion FY99 - $5.538 Billion	FY97 - $5.0 Billion	FY97 - $5.158 Billion FY98 - $5.344 Billion
Authorized Research and Development Levels		FY97 - $185.698 million The Administrator is instructed to consider the advice and recommendations of the research advisory committee in establishing priorities among the major categories of RE&D activities by the FAA. Requires the Administrator to submit the National Aviation Research plan to the House of Representatives describing a five year period of RE&D that the Administrator considers necessary.	FY97 - $206 Million	House provision, but adds $21 million for security programs consistent with the President's emergency request for additional security funds.
Interaccount Flexibility	No provision.	No provision.	Permits the Administrator, with the approval of the House and Senate committees, to transfer budget authority derived from trust funds among appropriations authorized for F&E and RE&D if the aggregate estimated outlays will not be increased as a result of the transfer.	No provision.
Amount of Appropriated Funds Derived from the Aviation Trust Fund	70%	70%	75%	72.5%
Multiyear Authorization & Appropriation	No provision.	Authorizes AIP, F&E, and Operations for 3 years.	Beginning in FY97, amounts appropriated from the aviation trust fund shall be appropriated for three years.	Senate provision, but starting in 1999.
Primary Airports - Entitlement Formulas	$7.80 for each of the first 50,000 passenger, $5.20 for each of the next 50,000 passenger, $2.60 for each of the next 400,000 passenger, and $.65 for each additional passenger	$7.80 for each of the first 50,000 passenger, $5.20 for each of the next 50,000 passenger, $2.60 for each of the next 400,000 passenger, $.65 for each of the next 500,000 passenger, and $.50 for each additional passenger	Does not change current law.	House provision.
Cargo Airports	allocates 3.5% of total apportionment to cargo airports	Lowers cargo entitlement to 2.5% - (not more than 8% of this amount may be apportioned to any one airport). Airports that do not meet landed-weight minimum can still get grant under this entitlement if the Secretary finds that the airport will be served primarily by cargo aircraft.	Does not change current law.	House provision.
Entitlement Cap/Sliding Scale	Limits allocations to primary and cargo airports to no more than 49.5% of the apportionment for the fiscal year, or 44% if the apportionment is less than $1.9 billion	Eliminates the 44% and 49.5% caps on entitlements	Creates a sliding scale that ties the percentage of funds received by large/medium hubs to the appropriated level of funds for AIP. If the appropriated amount for AIP is: not more than $1.15 billion, then the percentage is 47.0 for large/medium hubs more than $1.15 billion, but not more than $1.25 billion then the percentage is 46.0 for large/medium hubs more than $1.25 billion, but not more than $1.35 billion then the percentage is 45.4 for large/medium hubs more than $1.35 billion, but not more than $1.45 billion then the percentage is 44.8 for large/medium hubs more than $1.45 billion, but not more than $1.55 billion then the percentage is 44.3 for large/medium hubs The net effect of the sliding scale would be to guarantee that at any level of appropriated funds for FY97, smaller airports would receive $35 million more than they otherwise would receive under existing law.	House provision.
State Allocation for General Aviation	12% set-aside 1% of 12% for the U.S. Territories remainder of state allocation is distributed half in proportion to the land are of the State and half in proportion to the population of the State	18.5% set-aside .66% of 12% for the U.S. Territories remainder of state allocation is distributed half in proportion to the land area of the State and half in proportion to the population of the State adds reliever airports and small commercial service airports, along with general aviation airports, to state allocation	Does not change current law.	House provision.
Discretionary Fund	Requires that the discretionary fund be at least $325 million	Requires that the discretionary fund be at least $50 million plus the amount needed to cover LOIs issued before 1/1/96. The $50m is divided such that: not less than 15% shall be used for system planning and for making grants to general aviation airports and not less than 30% shall be used for making grants to small and non-hub airports If necessary to guarantee the $50 million, Passenger, Cargo, General Aviation, and Alaska allocations are reduced proportionately.	Adds to current law that LOIs shall be funded.	Requires that the discretionary fund be at least $148 million plus the amount needed to cover LOIs issued before 1/1/96. If the formula results in a discretionary fund of more than $300 million, the portion that exceeds $300 million should be distributed one-third to general aviation airports, one-third to noise projects, and one-third to the military airport program.
Carryover Entitlements	Permits airports to carry-over their entitlements for 2 years	Permits a non-hub primary airport to carry-over its entitlements for 3 years	Does not change current law.	House provision.
Reliever Set-Aside	5% of total appropriated amount	Eliminates reliever set-aside (combines with general aviation and CSA)	Does not change current law.	House provision.
Small Commercial Service Set-Aside	1.5% of total appropriated amount	Eliminates small commercial service set-aside (combines with general aviation and reliever)	Does not change current law.	House provision.
Noise Set-Aside	12.5% of total appropriated amount	31% of discretionary fund (FAA can count the amount that airports spend on noise out of their own entitlements in determining whether the 31% noise set-aside has been met)	Does not change current law.	House provision.
Military Airport Program	2.5% of total appropriated amount set-aside 15 current or former military airports eligible to be eligible, must reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger takeoffs and landings	4% of discretionary fund (Permits $30,000 to be spent out of the military set-aside to help cover the operational and maintenance expenses of GA airports that have been adversely affected by the closure or realignment of a military base and that would otherwise have to close without the grant) 10 current or former military airports eligible eliminates criteria of airports with 20,000 hours of annual delays	Extends program for one year, but reduced from 15 sites to 12. Establishes criteria that a selected airport must reduce delays at an airport with more than 20,000 hours of annual delays or enhance airport and air traffic control system capacity in a metropolitan area or reduce current or projected flight delays.	4% of discretionary fund (Permits $30,000 to be spent out of the military set-aside to help cover the operational and maint. expenses of GA airports that have been adversely affected by the closure or realignment of a military base and that would otherwise have to close without the grant) Extends program for two years, but reduced from 15 sites to 12. Establishes criteria that a selected airport must reduce delays at an airport with more than 20,000 hours of annual delays or enhance airport and air traffic control system capacity in a metro. area or reduce current or projected flight delays. The airport must satisfy the designation criteria at the beginning of each FY for the 5 fiscal years it is eligible. Extends indefinitely eligibility of parking lots, fuel farms, and utilities and adds hangars to eligible items.
Essential Air Service Authorization	No provision.	No provision.	$50 million in foreign overflight fees made available to fund EAS (see Overflight Fees on page 34) these funds will not be used to count towards the percentage allocations mandated in the AIP formula (see "sliding scale" under Entitlement Cap) Authorizes the Secretary to require an eligible agency to provide matching funds of up to 10% for any payments it receives. Transfers the responsibility for administration of the program from the Secretary to the Administrator.	Senate provision except the transfer of the EAS program from DOT to FAA is eliminated. EAS funding for FY97 is equal to the amount appropriated plus any user fee revenue above $75 million that is collected.
National Civil Aviation Review Commission/ Independent Assessment and Task Force	No provision.	establishes a 13-member commission - 3 appointed by the Secretary of Transportation and 10 appointed by Congress (Commission members cannot be an employee of an airline, airport, aviation union, or aviation trade association) Commission members are appointed 30 days after enactment lists the items the Commission should include in its review the final report is due 1 year after the date of the appointment of the last Commission member authorizes $2.4 million for the Commission	11 member task force Independent assessment of FAA financing through 2002, along with cost allocation assessment report findings to Secretary along with legislative recommendations Secretary submits to recommendations to Congress Congress considers legislation under expedited procedures	Senate provision except that the Senate's 11 member task force is renamed the Commission in the House bill and expanded to 21 members, 13 appointed by the Secretary, 2 appointed by the House Republican leadership, 2 appointed by the House Democrat leadership, and 2 by the Senate majority leader and 2 by the Senate minority leader. The Commission is divided into 2 task forces, one dealing with the safety issues in the House bill and the other with the funding issues in the Senate bill. It also includes the GAO assessment or airport needs from the House bill.
Innovative Financing Techniques	No provision.	Authorizes the Secretary to carry out an innovative financing demonstration program for 10 airport grant projects limited to payment of interest, bond issuance, and flexible local match.	No provision	House provision.
Report, including Proposed Legislation, on Funding for Airport Security	No provision.	No provision.	Requires the Administrator to submit a report to Congress within 30 days on whether, and if so, how to transfer certain responsibilities of air carriers under Federal law for security activities conducted onsite at airports to airport operators or the Federal Government or providing for shared responsibilities between air carriers and airport operators or the Federal Government. The contents of the report should include potential sources of revenue to fund security activities and legislative proposals if necessary.	Requires the Administrator to submit a report to Congress within 90 days on whether, and if so, how to transfer certain responsibilities of air carriers under Federal law for security activities conducted onsite at airports to airport operators or the Federal Government or providing for shared responsibilities between air carriers and airport operators or the Federal Government. The contents of the report should include potential sources of revenue to fund security activities and legislative proposals if necessary.
Certification of Screening Companies	No provision.	No provision.	Directs the Administrator to certify companies providing security screening services and provide uniform performance standards for the training and testing of security screeners.	Senate provision.
Assistance to Families Involved in Airline Accidents Assistance to Families Involved in Airline Accidents	No provision.	No provision. (H.R. 3923, which passed the House on Sept. 18, 1996, directs the NTSB to take action to help families including designating a liaison and an independent organization and obtaining passenger lists. Also directs airlines to submit plans, establishes a task force to study further improvements, and prohibits unsolicited lawyer contacts.)	Requires the NTSB to establish a program to provide family advocacy services for aircraft accidents. Guidelines must be issued in 90 days.	House bill with the following changes: The list of parties that are prohibited from making unsolicited communications with family members or injured victims is expanded to include potential adverse parties to the litigation. "within the control of the air carrier" is added to the requirement that air carriers assure that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger. The model plan is changed to guidelines to make clear that it is intended to serve as guidance for airlines developing plans and not as a precursor to requiring airlines to revise existing plans that may be perfectly sound. The Task Force developing the guidelines for air carriers is also asked to study the implications for personal privacy if air carriers were required to notify passengers more quickly.
Accident and Safety Data Classification; Report on Effects of Publication and Automated Surveillance Targeting Systems	No provision.	No provision.	Requires the NTSB to develop a system for classifying air carrier accident and pertinent safety data maintained by the Board. The NTSB must then present the final recommendations to ICAO and seek adoption of the system by ICAO. Requires the Administrator to develop and deploy a fully enhanced safety performance analysis system that includes automated surveillance to assist in prioritizing and targeting surveillance and inspection activities of the FAA.	Requires the NTSB to develop a system for classifying air carrier accident and pertinent safety data maintained by the Board. After providing for public review and comment, the Board shall issue final recommendations. Requires the Administrator to develop and deploy a fully enhanced safety performance analysis system that includes automated surveillance to assist in prioritizing and targeting surveillance and inspection activities of the FAA.
Weapons and Explosive Detection Study	No provision.	No provision.	Requires the Administrator, along with the Director of the National Academy of Sciences and a panel of experts, to conduct a study on available technologies, how to improve the effectiveness of existing technologies and what are the most promising technologies for the future.	Senate provision with the addition of hardened containers as an additional factor to be studied.
Background Checks on Baggage Screeners	No provision.	Permits the FAA to require airlines to do background checks for newly hired screeners. This could include criminal history record checks only where the background investigation revealed a gap in employment of a year or more that is not satisfactorily explained. Provision applies only to screeners hired after date of enactment. A screener may be hired while undergoing a background check if properly supervised.	Authorizes the Administrator to require, by regulation, background checks for newly hired screeners and, if the Administrator determines appropriate, for those individuals already performing those functions on the date of enactment.	Senate provision with additional language that if an individual requires a criminal history record check, the individual may be employed as a screener until the check is completed if the individual is subject to supervision.
Interim Deployment of Commercially Available Explosive Detection Equipment	No provision.	No provision. (H.R. 3953, which passed the House on August 2, 1996, directs the FAA to facilitate the deployment of commercially available explosive detection system while waiting for the certified system. Also directs the FAA to consider using bomb sniffing dogs to supplement existing bomb detection systems and authorizes Trust Fund spending for training and evaluation of K-9 teams at 50 largest airports.)	Allows the Administrator to deploy commercially available explosive detection devices while it is still completing operational testing in order to be certified. Once certified equipment is available, the Administrator is directed to require that the certified equipment replace the existing technology.	Senate provision with additional language that the Administrator may permit the requirements to be met at airports by the deployment of dogs or other appropriate animals to supplement existing equipment for screening passengers, baggage, mail or cargo.
Audit of Performance of Background Checks for Certain Personnel	No provision.	No provision. (H.R. 3953 directs the FAA to audit the criminal history record checks.)	Requires the Administrator to provide periodic audits of the effectiveness of criminal history record checks on individuals who have unescorted access to secured areas at airports.	Senate provision.
Passenger Profiling	No provision.	No provision. (H.R. 3953 directs the FAA, DOT, intelligence community, and law enforcement community to continue to assist airlines in developing computer-assisted passenger profiling.)	Sense of the Senate that the FAA, along with the intelligence and law enforcement communities, should continue to assist air carriers in developing computer-assisted and other appropriate passenger profiling programs.	House provision with "other appropriate measures" language from the Senate.
Authority to Use Certain Funds for Airport Security Programs and Activities	No provision	No provision. (H.R. 3953 permits AIP and PFC funds to be used for safety and security programs at airports.)	Allows for the use of AIP and PFC funds to expand and enhance air transportation security programs including the improvement of facilities and the purchase and deployment of equipment.	House and Senate provisions.
Development of Aviation Security Liaison Agreement	No provision	No provision	Authorizes an interagency agreement between the Secretary of Transportation, the Attorney General, the FAA and the FBI to establish an aviation security liaison at existing Federal agencies' field offices near cities served by high risk airports.	Senate provision.
Regular Joint Threat Assessments	No provision	No provision	Requires the Administrator and the Director of the FBI to carry out joint threat and vulnerability assessments on security every 3 years, or more frequently if necessary, at high risk airports.	Senate provision.
Baggage Match Report	No provision	No provision	Requires the Secretary to report within 30 days after the completion of the passenger bag match pilot program recommended by the Gore Commission on the safety and operational effectiveness of the pilot program.	Senate provision, but required only if baggage match program is actually carried out and adds Sense of the Senate language that the Administrator should work with airports and air carriers to develop, to the extent feasible, effective domestic bag matching proposals.
Enhanced Security Programs	No provision	No provision	Authorizes the Administrator to require air carriers and airports to conduct periodic vulnerability assessments of the security systems of that air carrier or airport. The Administration is required to perform periodic audits of the assessments and the Administrator is required to conduct periodic and unannounced inspections of security systems of airports and air carriers.	Senate provision.
Report on Air Cargo	No provision	No provision. (H.R. 3953 lists 3 items relating to air cargo for FAA to study).	Requires the Secretary to report to Congress on any changes recommended and implemented as a result of the Gore Commission to enhance and supplement screening and inspection of cargo, mail, and company-shipped materials.	Requires the Secretary to report within 90 days to Congress on any changes recommended and implemented as a result of the Gore Commission to enhance and supplement screening and inspection of cargo, mail, and company-shipped materials. The report shall include an assessment of: the effectiveness of the changes, the oversight by the FAA of inspections of shipments of mail and cargo by domestic and foreign air carriers, the need for additional security measures, the adequacy of inspection and screening of cargo on passenger air carriers, and any legislative proposals needed to carry out additional changes.
Intermodal Planning	Secretary of Transportation shall cooperate with State and local officials in developing airport plans and programs	Secretary of Transportation shall cooperate with State and local officials in developing airport plans and programs Airport sponsors and State and local officials are encouraged to coordinate aviation needs within the overall plans for land use and ground transportation and encourages MPOs to include airport operators as members requires the sponsor of a new airport to give the MPO a chance to review plans for the new airport and include in the AIP grant application its response to any comments made by the MPO	No provision.	Secretary of Transportation shall cooperate with State and local officials in developing airport plans and programs Airport sponsors and State and local officials are encouraged to coordinate aviation needs within the overall plans for land use and ground transportation and encourages MPOs to include airport operators as members
AIP and PFC Eligible Projects/ Compliance with Federal Mandates	No provision.	Broadens the ability of AIP and PFC funds to be used for Federal mandates. (Identical to Senate language)	Broadens the ability of AIP and PFC funds to be used for Federal mandates. (Identical to House language)	House and Senate provision.
Pavement Maintenance Program	No provision.	Permits AIP grants for up to 10 runway maintenance projects per year at GA airports.	Permits AIP grants for up to 10 runway, taxiway and apron maintenance programs in a pilot program for 3 years. At least 2 projects must be in States without a large/medium hub airport. Requires the issuance of regulations.	Senate provision, but the Administration will issue guidelines instead of regulations.
Intercity Bus Access to Airports	No provision.	Airport owner or operator will permit, to the maximum extent practicable, intercity buses to have access to the airport.	Airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes to have access to the airport, but the sponsor does not have any obligation under this paragraph to fund special facilities for intercity bus service or for other modes of transportation.	Senate provision.
AIP Grant Reimbursement	No provision.	Allows a primary or cargo airport to be reimbursed for a project already underway by an AIP grant from its entitlement funds if the project is begun after 9/30/96, a grant agreement is executed for the project, and the project is in accordance with the airport's approved layout plan and complies with all laws, rules, and assurances that usually apply to AIP grants. An airport will not receive any priority for discretionary funds if its entitlements turn out to be insufficient to cover reimbursement for the project.	No provision.	House provision.
Letters of Intent	No provision.	Requires the Secretary to issue regulations to require a cost-benefit analysis for all LOIs to be issued at airports that annually enplane more than .25% of the total annual enplanes. in the U.S. Until the regulations take effect, the Secretary may not issue any LOIs for projects at such airports that are not yet under construction The Secretary shall require airport sponsors to provide specific details on the proposed financing plan for the project. The Secretary shall consider the effect of a project on overall national air transportation policy when reviewing requests for LOIs.	Secretary shall fulfill intentions to obligate existing LOIs (See discretionary fund)	Senate provision.
Award of Discretionary Grants	No provision.	Adds three additional criteria: Priority that the State gives to the project Projected growth in passengers at the airport Priority given to airports where the number of enplanes. increased by at least 20% in the preceding 12-month period as compared to the number of enplanes. in the 12-month period preceding that period.	Adds two additional criteria: At a reliever airport, the number of operations projected to be diverted to the reliever airport as a result of the project and the cost savings to be realized by the users. The priorities of the States and the FAA regional offices to the extent they are not in conflict with the other criteria of this section.	Adds additional criteria: The Secretary shall consider project benefit and cost, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by the users of the airport system. Priority that the State and regional offices of the Administration give to the project Projected growth in passengers at the airport Priority given to airports where the number of enplanes. increased by at least 20% in the preceding 12-month period as compared to the number of enplanes. in the 12-month period preceding that period.
Small Airport Fund	No provision.	Priority is given to multi-year projects for construction of new runways that are cost beneficial and increase capacity in a region of the U.S.	No provision.	House provision.
State Block Grant Program	Allows for 7 states in pilot program.	Increases to 10 states and makes the program permanent Directs the FAA to permit States to use their own priority system when not inconsistent with the national priority system.	Program is extended for one year at current levels (7 states).	House provision, except the number of states is increased to 8 in 1997 and 9 in 1998.
Private Ownership of Airports Private Ownership of Airports (cont.)	No provision.	Creates a pilot program permitting the sale or long-term lease of 6 airports. Requires the sponsor or potential purchaser to file an application with DOT. Permits exemptions from the revenue diversion prohibitions. Permits exemptions from the requirements that AIP grants be repaid and land received from the Federal govt. be returned. Permits DOT to issue exemption to permit the new owner to receive compensation from operating the airport. Requires that the following conditions be met: the airport be available to the public without discrimination the airport continue without interruption in the event the owner goes bankrupt the new owner maintain and improve the airport airline fees will not increase faster than inflation unless more than 60% of the carriers agree to higher rates (DOT must decide if an airport has complied with this requirement in deciding a rates and charges complaint against that airport) safety be maintained at the airport noise will be mitigated environmental impacts will be mitigated collective bargaining agreements of airport employees will not be abrogated At least one of the privatized airports must be a GA airport Permits 5 private airports to charge a PFC, receive AIP entitlement grants, or collect rental charges, landing fees or other service charges from aircraft operators Requires the owner to continue to use the facility as an airport Makes private airports subject to the same prohibitions on head taxes as public airports Requires DOT to consider whether the private airport has complied with the requirement that airline fees not increase faster than the rate of inflation in deciding a rates and charges complaint against that airport	No provision.	House provision with the following changes or clarifications: Reduce the number of participating airports from 6 to 5 - 1 large airport, 3 medium/small/non-hub airports, and 1 general aviation airport are eligible. 65% of airlines must agree to transactions and to rate hikes. If 1 carrier represents 65% of landed weight, then 2 airlines must approve for transactions and rate hikes. Discretionary AIP grants allowed, but only if sanctioned by FAA Administrator with 60% private money match to 40% Federal. Two-year study of the pilot program with a report to appropriate Congressional Committees. DOT Secretary must validate that any airport privatized would not be anti-competitive. Requirement that an airport operator has to improve and modernize the airport through capital investments. Secretary has the authority to audit the airport at any time. Rate hikes on general aviation shall rise no faster than those of commercial carriers. Secretary shall consider the needs of general aviation when approving privatization. Commercial service airports are limited to long-term leases and lease or sale is permitted for general aviation airports.
Airport Noise Compatibility Planning Grants	No provision.	Permits noise abatement grants to be made to a State or local government that is not the airport's owner if that government has land use and zoning control in the area and if the airport agrees that the government's noise abatement plan or project is consistent with airport operations and plans.	No provision.	No provision.
Elimination of Dual Mandate/FAA Safety Mission	The current mandate of the FAA is to promote safety and to encourage the development of air commerce.	Eliminates the dual mandate of the FAA and makes safety the highest priority.	Eliminates the dual mandate of the FAA and makes safety the highest priority.	House and Senate provisions.
Purchase of Housing Units	No provision.	Permits the FAA to purchase housing outside the 48 states if the unit cost does not cost more than $200,000 and the FAA files a report with Congress 30 days before the closing certifying that the price of the units does not exceed the median price in the area and that buying the housing is the most cost beneficial way to provide housing for its employees. (Similar to Senate language).	Permits the FAA to purchase housing outside the 48 states if the FAA files a report with Congress 30 days before the closing certifying that the price of the units does not exceed the median price in the area and that buying the housing is the most cost beneficial way to provide housing for its employees. (Similar to House language).	House provision except the cap is raised to $300,000 plus inflation in the local area.
PFC Debt Financing	No provision.	Eligible airport-related projects expanded to include debt financing of a terminal development project at a commercial service which has .05% or less of total annual enplanes. if construction between 11/5/88 and 11/5/90.	No provision.	No provision.
Clarification of Passenger Facility Revenues as Constituting Trust Funds	No provision.	Clarifies that PFC revenues that are collected by an air carrier or an agent of the carrier constitute a trust fund that is held by the air carrier or agent for the beneficial interest of the eligible agency (airport) imposing the fee.	No provision.	House provision.
Protection of Voluntarily Submitted Information	No provision.	Permits the FAA to withhold voluntarily provided safety and security information if disclosure would discourage people from providing it, the information helps FAA improve safety and security. (Similar to Senate language).	Permits the FAA to withhold voluntarily provided safety and security information if disclosure would discourage people from providing it, the information helps FAA improve safety and security. (Similar to House language).	Senate provision.
Carriage of Candidates in State and Local Elections	No provision.	No provision.	Requires the Administrator to revise the regulations relating to the carriage of candidates in Federal elections, to make the same or similar rules applicable to the carriage of candidates for election to public office in State and local government elections.	Senate provision.
Train Whistle Requirements	No provision.	No provision.	Restricts the Secretary of Transportation from implementing regulations requiring audible warnings to be sounded by a locomotive horn at highway-rail grade crossings.	Senate provision with changes.
Gambling on Vessels	No provision.	No provision.	Limits the authority of states to regulate gambling on ships.	Senate provision.
Supplemental Type Certificates	No provision.	The FAA may issue supplemental type certificates for modifications to aircraft or aircraft parts. The certificate will contain the modification and requires that anyone installing the modification have the permission of the holder of the certificate to use it.	No provision.	House provision.
Commercial Space Launch Act Amendments	No provision.	No provision.	Amendments to the Commercial Space Launch Act	No provision.
Air Traffic Management System Performance Improvement Act Air Traffic Management System Performance Improvement Act (cont.)	No provision.	No provision. (the House passed a FAA reform measure, H.R. 2276, in March)	The FAA Administrator would be appointed by the President for a five-year term. The Administrator would be provided express autonomy and authority w/regard to internal functioning of the agency. Some authority previously transferred to DOT would be recommitted to FAA. The Administrator would have final authority for the promulgation of all FAA rules and regulations. The Administrator is required to act upon a petition for a rulemaking within six months and to take final action on an NPRM within 18 months. Provides the Administrator with the authority: to appoint and fix the compensation of necessary employees, to hire experts and consultants, and to use the services of personnel from any other Federal agency. Provides broad general authority for the Administrator to enter into contracts, leases, cooperative agreements, and other transactions to carry out the functions of the FAA. Provides the Administrator with the authority to use or accept with or without reimbursement, services, equipment, personnel, and facilities of any other Federal agency or public or private entity. Provides the Administrator the authority to acquire, construct, improve, repair, operate, and maintain air traffic control and research facilities and equipment. Establishes a 15-member Federal Aviation Management Advisory Council (MAC) to provide the Administrator with input from the aviation industry and community. The Council would focus on the FAA's regulatory cost-benefit process, the process through which the FAA issues advisory circulars and service bulletins, ATC modernization, and FAA acquisition management.	Senate provision.
Procurement	No provision.	No provision.	Not later than April 1, 1999 the FAA must employ outside experts to provide an independent evaluation of the effectiveness of its acquisition system. Establishes a safeguard, built into the procurement system, that would require the FAA to terminate facilities and equipment programs that are 50 percent or more: (1) over cost, (2) below performance goals, or (3) behind schedule. The Administrator could waive the termination requirement if a termination would be inconsistent with the safe and efficient operation of the national air transportation system. Also, the FAA would be required to consider terminating any program that is 10% or more: (1) over cost, (2) below performance goals, or (3) behind schedule.	Senate Provision.
Personnel	No provision.	No provision.	Directs the Administrator, in developing and making changes to the new personnel system, to consult with FAA employees and negotiate with the exclusive bargaining representatives of employees and if they fail to reach agreement, the parties will engage the services of the Federal Mediation and Conciliation Service. If an agreement is not reached, proposed changes to the personnel system will not take effect until 60 days after the Administrator submitted them. Outside experts would evaluate the new personnel management system three years after it is implemented. Until July 1, 1999, basic wages should not be involuntarily adversely affected by this section. All labor-management agreements that are in effect at the time of passage shall remain in effect until their normal expiration, unless otherwise agreed to.	Senate provision.
Certification of Small Airports	No provision.	This section authorizes the FAA to certificate airports served by commuter aircraft, with between 10 and 30 seats. In establishing the standards with which these small airports must comply, the FAA should adopt the least burdensome alternative that will provide a comparable level of safety with the larger airports. Any rule imposing standards on these small airports cannot go into effect until 120 days after the rule, and a report on the impact of the rule on air service to the airports involved, is submitted to Congress. An airport cannot be required to seek a certificate if it does not desire commuter air service.	No provision.	House provision.
Revenue Diversion		Imposes the existing prohibition on revenue diversion on all airports certificated by FAA even if they are not receiving AIP grants. The FAA can waive this prohibition if the airport has not received any grants in the last 10 years. This provision does not apply to heliports. Imposes civil penalties of up to 3 times the amount of revenues that are illegally diverted on anyone caught illegally diverting revenue.	Prohibits using local taxes (except taxes effective on Dec. 30, 1987) or revenues generated by an airport that is subject to Federal assistance, for anything but capital and operating costs of the airport, the local airport system, or other facilities owned or operated by the airport that are directly related to air transp. Provides an exemption for airports who had a statute passed before Sept. 2, 1982 allowing revenue to support the general debt obligations or other facilities of the owner/operator. State tax on aviation may still support aviation noise mitigation purposes. Requires the annual audit required of airport grant recipients to include an audit of funding activities. If a sponsor has illegally diverted funds and has not reimbursed the airport, the Secretary may withhold transportation funds to be made to that sponsor or the State, or municipality. The Secretary may impose civil penalties equal to the amount diverted plus interest. Imposes a 6 year statute of limitations.	Senate provision, but adds the treble damages provision from the House bill.
Employment Investigations of Pilots	No provision.	Requires an air carrier to request and receive the FAA records, air carrier records, and National Driver Register records before allowing an individual to begin service as a pilot. Imposes civil penalties on air carriers that don't comply and makes the law applicable 120 days after enactment. Authorizes the Administrator to issue an NPRM establishing minimum standards for pilot qualifications. Requires the Administrator, with DOD, to conduct a study on the relevance and appropriateness of requiring the Secretary of Defense to provide an air carrier with an individual's military records in connection with the hiring of the individual as a pilot. Requires the Administrator to conduct a study to determine whether current minimum flight time requirements are sufficient.	Requires an air carrier to request and receive FAA records, air carrier and other records, and National Driver Register records before allowing an individual to begin service as a pilot. Requires the Administrator to appoint a task force to conduct a study on standards and criteria for preemployment screening tests and for pilot training facilities.	Senate provision with the following provisions from the House bill: Air carrier records to be shared with prospective employers should not include records relating to flight time, duty time, or rest time. Provide written consent for release of records. Records must be furnished to a pilot in 20 days of receipt of request. Protection from liability for person entering information into the records. Assurance that the FAA, NTSB, and the courts will have access to the records. A study of minimum flight times. A study of pay for training.
Child Pilot Safety	No provision.	Prohibits a pilot from allowing an individual who does not hold a valid private pilots certificate and a medical certificate to manipulate the controls of an aircraft if the individual is attempting to set a record or engage in an aeronautical competition. Allows the Administrator to revoke the license of a pilot who violates this prohibition. Requires the Administrator to conduct a study on imposing restrictions on children flying aircraft.	No provision.	House provision.
Overflight Fees	No provision.	Authorizes the Administrator to collect fees for air traffic control services provided to aircraft that neither take off from nor land in the U.S. (fees set at a level recovering not less than $30 million in the first year)	Authorizes collection of $100 million in new foreign overflight fees. (See EAS provision on page 8).	Senate provision with the clarification that the user fee imposed on any flight must be based on the FAA's actual cost of service and not on any non-cost based determination of the "value" of the service provided. The user fee may not vary based on factors such as aircraft seating capacity or revenues derived from passenger fares.
Budgetary Treatment of Fees	No provision.	No provision.	Creates a separate, dedicated account for all new fees and other receipts collected by the FAA. The receipts and disbursements of this account would be awardable immediately for expenditures of Congressionally authorized programs and shall remain available until expended. Annually the Administrator shall submit a report on the fees, including a list of the fees. Requires the FAA to develop a cost accounting system. Provides that when an air carrier is required by the Administrator to collect a fee imposed on a third party by the FAA, the Administrator shall ensure that such air carrier may collect from such third party an additional uniform amount reflecting necessary and reasonable expenses incurred in collecting and handling the fee.	Senate provision.
GA Airport Closings	No provision.	Allows for GA airports that are located near closed or realigned military bases to be closed without any obligation to repay grants.	No provision.	House provision, but limited to airports near Army depots. Adds a provision that if the sale of the land generates enough money to pay off the remaining value of the grant, that remaining value must be repaid. Reduces the distance between the airport and the depot from 3 miles to 2 miles.
Aircraft Engine Standards	does not include aircraft engine emissions in provision	No provision.	Administrator shall prescribe standards/regulations on noise and emissions. Requires the EPA to consult with the FAA on aircraft engine emission standards. The EPA shall not change emission standards if it would significantly increase noise or adversely affect safety. A representative of the EPA shall participate on advisory committees or working groups that advise the Administrator on matters related to the environmental effects of aircraft and aircraft engines.	Senate provision.
Rural Air Fare Study	No provision.	No provision.	Secretary to conduct 60 day study on fares between non-hubs and hubs and degree of competition among carriers on rural routes.	Senate provision.
Sixth Runway at DIA	No provision.	Counters the provision in the FY96 appropriations act that prevents funding for a sixth runway at Denver.	No provision.	Senate provision.
Gadsden Air Depot, Alabama	No provision.	Waives any terms contained in the deed of conveyance under which the U.S. conveyed property to the city of Gadsden for airport purposes.	No provision.	House provision.
Regulations Affecting Intrastate Aviation in Alaska	No provision.	The Administrator must consider the extent to which Alaska is not served by transportation modes other than aviation when modifying regulations contained in title 14, Code of Federal Regulations. (Similar to Senate language).	The Administrator must consider the extent to which Alaska is not served by transportation modes other than aviation when modifying regulations contained in title 14, Code of Federal Regulations. (Similar to House language).	House provision.
Provision	Existing Law	House Passed Bill	Senate Passed Bill	Conference Agreement
Westchester County Airport, New York	No provision.	Allows for fees received by the airport be paid into the treasury of Westchester County if the Secretary finds that the expenditures from the treasury for the capital and operating costs of the airport after 12/31/90 have been and will be equal to or greater than the fees the treasury receives from the airport.	No provision.	House provision.
Bedford Airport, Pennsylvania	No provision.	If the Administrator decommissions an ILS in Penn. then, if feasible, the ILS shall be transferred and installed at Bedford airport.	No provision.	If the Administrator decommissions an ILS in Penn. then, the ILS may be transferred and installed at Bedford airport.
Central Florida Airport, Sanford Florida	No provision.	Requires the Secretary to take such action as necessary, including providing a new instrument landing system, to improve safety at the airport.	No provision.	House provision.
Doppler Radar Stations in New York	No provision.	Prohibits the use of federal funds to construct a doppler radar station at the Coast Guard station in Brooklyn, NY. The Administrator shall conduct a study and report within a year on the feasibility of constructing 2 offshore platforms to serve as sites for the location of doppler radar stations for JFK and LaGuardia.	No provision.	House provision, but limited to a study and report.
Worcester Municipal Airport, Massachusetts	No provision.	Improves safety at Worcester Municipal Airport by providing air traffic radar service from the Providence Approach Radar Control.	No provision.	House provision.
Aircraft Noise Ombudsman	No provision.	Creates position of Ombudsman in FAA to serve as a liaison with the public on issues regarding aircraft noise and be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.	No provision.	House provision, except that the provision is revised to make clear that the FAA need not increase the total number of FTEs.
Special Rule for Privately Owned Reliever Airports	No provision.	If a privately owned reliever airport contributes any lands, easements, or rights-of-way to carry out a project, the current fair market value of such lands, easements, or rights-of-way shall be credited toward the non-Federal share of allowable project costs.	No provision.	House provision.
Special Flight Rules in the Vicinity of Grand Canyon National Park	No provision.	No provision.	Directs the Secretary to provide 30 additional days for comments on the NPRM on special flight rules in Grand Canyon National Park.	Directs the Secretary to provide 45 additional days for comments on the NPRM on special flight rules in Grand Canyon National Park and includes an environmental assessment comment period.
Increased Rail Fees	No provision.	No provision.	Prohibits the Surface Transportation Board from increasing fees for services in connection with rail maximum rate complaints.	Prohibits the Surface Transportation Board (STB) from increasing fees for services in connection with rail maximum rate complaints until the Congress has reauthorized the STB, which is required by the end of FY98.
Transfer of Air Traffic Control Tower; Closing of Flight Service Stations	No provision.	No provision.	Allows the Administrator to transfer any title, right or interest in the air traffic control tower at Hickory Regional Airport to the city of Hickory, NC. Requires the Administrator to conduct a study to determine whether the number of operations at Hickory Regional Airport meet the criteria for contract towers. Prohibits the Administrator from closing New Bern-Craven County or Hickory Regional Airport flight service stations without certifying in writing to Congress that such closure will not result in a derogation of air safety and that it will reduce costs to taxpayers.	Senate provision.
Sense of the Senate Regarding Acts of International Terrorism	No provision.	No provision.	Sense of the Senate that a state of war should be considered if any act of hostility towards any U.S. citizen is a result of international terrorism sponsored, organized, condoned or directed by any nation.	Senate provision.
Reporting for Procurement Contracts	No provision.	No provision.	Requires the Secretary to promulgate regulations that require that any grant over $5 million require a report on the number of bids and the amount of the bids that were lower in amount than the bidder awarded the contract.	No provision.
Employee Retirement Income Security Act	No provision.	No provision.	Amends the Employee Retirement Income Security Act of 1974 limited scope audit provisions.	No provision.
Advance Electronic Transmission of Cargo and Passenger Information	No provision.	No provision.	Specifies that cargo manifest information that every passenger air carrier required to make entry or to obtain clearance under the U.S. customs laws shall be provided by electronic transmission in advance of entry. Specifies that passenger manifest information that every passenger air carrier required to make entry or to obtain clearance under the U.S. customs laws shall be provided by electronic transmission in advance of entry.	No provision.
Extension of Airport and Airway Trust Fund Expenditures	Provision expires October 1, 1996.	Extends the authority to expend funds from the Aviation Trust Fund through October 1, 1999.	Extends the authority to expend funds from the Aviation Trust Fund through October 1, 1997.	Extends the authority to expend funds from the Aviation Trust Fund through October 1, 1998.
Metropolitan Washington Airports Authority Metropolitan Washington Airports Authority (cont.)	No provision.	Eliminates the Board of Review. Adds four Presidential appointees to the airport board. Replaces the Board of Review with a nine member Federal Advisory Commission appointed by the Secretary of Transportation. Subjects to periodic congressional reauthorization, the eight airport actions, including the issuance of bonds, that were formerly subject to review by the Board of Review. Freezes current airport regulations governing the Dulles access road which now limit use of that road to vehicles going to or from Dulles Airport. Liberalizes the slot rules so that FAA could permit additional flights at National, but only for new entrants; essential air service; or foreign air transportation as long as those additional flights would not adversely affect safety.	Abolishes the Board of Review of the Metropolitan Washington Airports Authority. Sense of the Senate that the airport authority should not provide free, reserved parking to Members of Congress. Increases the number of appointments to the Board of Directors from 11 to 13 (both appointed by the President).	Increases the Board of Directors from 11 to 13 by increasing Presidentially appointed members from 1 to 3. The members appointed by the President should be registered voters of states other than Maryland, Virginia, or the District of Columbia and not more than 2 from the same political party. These members shall represent the national interest and be appointed by September 30, 1997. The Board of Review is terminated. Former staff of the Board of Review may be hired by the Secretary of Transportation and paid by the Airport Authority. After October 1, 2001, DOT may not approve any airport grants or new PFC applications. This is intended only to provide a mechanism for periodic Congressional review of airport actions. Assures Dulles Airport Access Highway remains dedicated to airport users. Sense of the Senate that MWAA not provide reserved, free or preferential parking to Members of Congress, or other government officials, or diplomats.
Sense of the Senate Regarding the Funding of the FAA	No provision.	No provision.	Sense of the Senate provision stating that the aviation excise taxes should be reinstated for 18 months while long-term funding options for the FAA are developed.	Senate provision.
Authorization for State-Specific Safety Measures	No provision.	No provision.	Authorizes appropriations of up to $10 million to the FAA in FY1997 to address aviation safety problems by the NTSB in specific states.	Senate provision.
Air Ambulance Tax Exemption	No provision.	No provision.	Sense of the Senate provision stating that if the aviation excise taxes are reinstated, the exemption from these taxes for helicopter air ambulance transportation should be broadened to include transportation by fixed-wing air ambulances.	House provision. This was addressed in other legislation.
Technical Corrections to the ICC Termination Act of 1995	No provision.	No provision.	No provision.	This provision corrects a technical error in the ICC Termination Act of 1995. The amendment restores the exact legal standards for coverage under the Railway Labor Act that existed prior to enactment of the ACCTA. Also known as the "Federal Express" provision.