ministrator of the Federal Aviation Administration is directed to impose on certificated airports such conditions and limitations as are determined to be necessary to insure safety in air transportation. This amendment would add grooving and other friction treatment of primary and secondary runways as an item to be considered by the Secretary in making this determination.

EQUAL AERONAUTICAL ACCESS

Section 31

This section of the bill amends section 308 of the Federal Aviation Act of 1958 (49 U.S.C. 1349) to continue the same standard of access at any federally assisted airport that exists in current law. The language of the provision is modeled after that which is contained in existing sponsorship agreements now used by Secretary of Transportation in awarding grants-in-aid to federally assisted airports. It is intended that section 32 will continue the existing standard of access guaranteed under such sponsorship agreements, no more, or less.

It should be noted that the language in the provision stating that "nothing in the subsection shall be construed as prohibiting the owner or operator of an airport from (a) establishing such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport; or (b) prohibiting or limiting any type, kind, or class of aeronautical use of such airport if such action is necessary for the operation of the airport or necessary to serve the civil aviation needs of the public" is included to continue the practice of allowing airports to establish reasonable conditions to be met by different types of users of airports. Such distinctions as are needed to make sure the airport may be safely and efficiently operated and meet the civil aviation needs of the public, are not to be considered unjustly discriminatory.

CONFORMING AMENDMENTS

Section 32

This section provides clarification of definitions for the Aviation Safety and Noise Abatement Act of 1979.

Section 33

SECURITY SCREENING IN FOREIGN AIR COMMERCE

This section extends through fiscal year 1982 existing law that authorizes an appropriation for unreimbursed security costs in international air transportation. Any appropriation made under this section is limited to not more than $9.75 million. The Secretary of Transportation is required to submit a recommendation to the Congress on amounts due specific air carriers under this section.

SAFETY CERTIFICATION OF AIRPORTS

Section 34

Under current law, the authority of the Administrator of the Federal Aviation Administration to issue airport operating certificates is limited to airports that are served by air carriers certificated by the Civil Aeronautics Board (CAB). Due to the sunset of the CAB and growing number of commuter air carriers, this definition is no longer workable. This section substitutes a new standard for airport certification based upon the number of revenue passengers enplaned (2,500 per year) or the size of air carrier aircraft using the facility (more than 30 passenger seats).

STATE TAXATION

Section 35

This section provides that States may not tax at a level which unreasonably burdens or discriminates against interstate commerce. The provision makes current law which prohibits the assessment, levying or collecting of taxes on motor carrier property in a manner different from that of other commercial and industrial property, applicable to air carriers.

Section 36

PART-TIME OPERATION OF FLIGHT SERVICE STATIONS

The purpose of this provision is to hold the FAA to its original schedule published in its master plan for the automated Flight Service Station program. This will assure that adequate services are available through the earliest period of the transition to the automated system.

Section 37

CONGRESSIONAL COMMITTEES

This section provides that nothing in the Act shall be construed as altering the jurisdiction of the Senate Commerce Committee or the House Public Works Committee over the Airport and Airway Development Program.

CHANGES IN EXISTING LAW

In the opinion of the committee, it is necessary in order to expedite the business of the Senate, to dispense with the requirements of paragraph 12 of Rule XXVI of the Standing Rules of the Senate (relating to the showing of changes in existing law made by H.R. 4961, as reported by the committee).

ADDITIONAL VIEWS OF SENATOR PACKWOOD

One of the philosophic underpinning of the Administration's budget for fiscal year 1983 is increased reliance on user fee financ ing for government programs which benefit identifiable classes of users. One of the commendable aspects of the bill now being reported is that it puts a test before the Senate with respect to one important user fee area-the Airport Development Aid Program (ADAP).

The bill being reported to the Senate includes increases in the user taxes which are available to finance ADAP. In addition, at the request of the Commerce Committee, the bill also includes the Airport and Airway System Development Act. These substantive provisions are, of course solely in the jurisdiction of the Commerce Committee. However, including those provisions in this bill squarely puts the user fee philosophy before the Senate.

The most important aspect of the user fee philosophy is that the user fees and taxes are to be allocated to programs which benefit the persons paying the user fees. The ADAP package in this bill achieves this. However, one additional provision is needed to ensure that aviation user taxes are spent on the airport development program. On behalf of the Commerce Committee, I will offer an amendment to include this provision when this bill is on the Senate floor.

The amendment which I will offer provides a trigger to tie the aviation user taxes to spending for the airport development program. Specifically, the trigger will provide that if, in any fiscal year, the funds made available by the Congress for obligation under the airport development program are less than 85 percent of the authorized levels, then aviation user taxes and spending authority for the FAA's budget except for the airport development program, will terminate at the end of that fiscal year.

I believe that the trigger should be included as a part of the ADAP bill. It is incompatible with the user fee philosophy to continue raising aviation user taxes if the revenues are not being spent for the airport development. The integrity of the user fee approach exists only if the revenues are spent on the airport development program.

BOB PACKWOOD.