AUTHORIZATION OF APPROPRIATIONS.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS. (a) Airway Facilities and Equipment.— Section 506(a) is amended— (1) by redesignating paragraph (2) (and any reference thereto) as paragraph (3); and 101 STAT. 1490 (2) by striking out “For the purposes of” and all that follows through “remain available until expended.” and inserting in lieu thereof the following: “(1) General authorization.— For the purposes of acquiring, establishing, and improving air navigation facilities under section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1348(b)), there are authorized to be appropriated from the Trust Fund for fiscal years beginning after September 30, 1981, aggregate amounts not to exceed $6,327,000,000 for fiscal years ending before October 1, 1987, $7,704,000,000 for fiscal years ending before October 1, 1988, $9,434,000,000 for fiscal years ending before October 1, 1989, and $11,625,200,000 for fiscal years ending before October 1, 1990. Amounts appropriated under this subsection shall remain available until expended. “(2) Purchase and installation of instrument landing systems.— “(A) Minimum obligation level.— Of amounts made available under paragraph (1) after September 30, 1987, the Secretary shall obligate not less than $27,000,000 in fiscal year 1988, $30,000,000 in fiscal year 1989, and $35,000,000 in fiscal year 1990 for the purposes of purchasing and installing instrument landing systems at airports under section 307(b) of the Federal Aviation Act of 1958. “(B) Primary and reliever airports.— 75 percent of amounts obligated pursuant to subparagraph (A) in a fiscal year shall be made available for the purchase and installation of instrument landing systems at primary airports and reliever airports. “(C) Other airports.— 25 percent of amounts obligated pursuant to subparagraph (A) in a fiscal year shall be made available for the purchase and installation of instrument landing systems at airports other than primary airports and reliever airports.”. (b) Research, Engineering and Development, and Demonstrations.— (1) In general.— Section 506(b) is amended to read as follows: “(b) Research, Engineering and Development, and Demonstrations.— “(1) Demonstration projects.— The Secretary is authorized to carry out under section 312 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1353) such demonstration projects as the Secretary determines necessary in connection with research and development activities under such section. “(2) General authorization.— For research, engineering and development, and demonstration projects and activities under section 312 of the Federal Aviation Act of 1958 and paragraph (1) of this subsection, there is authorized to be appropriated from the Trust Fund— “(A) for fiscal year 1988— “(i) $127,192,000 solely for air traffic control projects and activities; “(ii) $7,743,000 solely for air traffic control advanced computer projects and activities; “(iii) $9,818,000 solely for navigation projects and activities; 101 STAT. 1491 “(iv) $21,957,000 solely for aviation weather projects and activities; “(v) $6,307,000 solely for aviation medicine projects and activities of which not less than $250,000 shall be made available for research and development relating to equipment designed to provide improved access by handicapped persons to commercial aircraft; “(vi) $24,988,000 solely for aircraft safety projects and activities; and “(vii) $3,000,000 solely for environmental projects and activities; “(B) for fiscal year 1989— “(i) $135,866,000 solely for air traffic control projects and activities; “(ii) $15,716,000 solely for air traffic control advanced computer projects and activities; “(iii) $11,395,000 solely for navigation projects and activities; “(iv) $21,797,000 solely for aviation weather projects and activities; “(v) $6,613,000 solely for aviation medicine projects and activities; “(vi) $21,013,000 solely for aircraft safety projects and activities; and “(vii) $2,600,000 solely for environmental projects and activities; and “(C) for fiscal year 1990, $222,000,000. “(3) Authority to transfer funds.— “(A) Unlimited.— Funds may be transferred among the projects and activities listed in paragraph (2), except that the net funds transferred to or from any category of such projects and activities listed in paragraph (2) in any fiscal year may not exceed 10 percent of the amount authorized for such category by paragraph (2) for such fiscal year. “(B) After notice.— In addition, the Secretary may propose transfers to or from any category of projects and activities listed in paragraph (2) exceeding 10 percent of the amount authorized for such category. An explanation of the proposed transfer must be transmitted in writing to the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. The proposed transfer may be made only when— “(i) 30 calendar days have passed after transmission of such explanation; or “(ii) each such Committee has transmitted to the Secretary written notice that such Committee has no objection to the proposed transfer. “(4) Funding for enhancing airport capacity.— “(A) General rule.— Notwithstanding any other provision of this subsection, of funds made available under paragraph (2) in each of fiscal years 1988, 1989, and 1990, not less than $25,000,000 per fiscal year is authorized to be appropriated for research and development on preserving and enhancing airport capacity (including research and 101 STAT. 1492development on improvements to airport design standards, airport maintenance, airport safety, airport operations, and airport environmental concerns) under section 312 of the Federal Aviation Act of 1958. “(B) Report.— Not later than 60 days after the last day of each of fiscal years 1988, 1989, and 1990, the Administrator of the Federal Aviation Administration shall transmit to the Committee on Science, Space, and Technology and the Committee on Public Works and Transportation of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on expenditures made by the Administrator for research and development under subparagraph (A) in such fiscal year. “(5) Period of availability.— Amounts appropriated under this subsection shall remain available until expended.”. (2) Effective date.— The amendment made by paragraph (1) shall take effect October 1, 1987. (c) Other Expenses.— (1) General limitations.— Section 506(c) is amended by adding at the end thereof the following new paragraph: “(3) Fiscal years 1988–1990.— “(A) Maximum amount appropriated.— Subject to subparagraph (B) of this paragraph, the amount appropriated from the Trust Fund for the purposes of clauses (A) and (B) of paragraph (1) of this subsection for each of fiscal years 1988, 1989, and 1990 may not exceed 50 percent of the amount of funds made available under section 505 and subsections (a) and (b) of this section for such fiscal year. “(B) Reduction in maximum amount.— The maximum amount which may be appropriated from the Trust Fund for the purposes of clauses (A) and (B) of paragraph (1) for any fiscal year, as determined under subparagraph (A) of this paragraph, shall be reduced by an amount equal to 2 times the excess, if any, of— “(i) $3,278,000,000 in the case of fiscal year 1988, $3,445,000,000 in the case of fiscal year 1989, $3,863,000,000 in the case of fiscal year 1990, $3,770,000,000 in the case of fiscal year 1991, and $3,778,000,000 in the case of fiscal year 1992, over “(ii) the amount made available under section 505 and subsections (a) and (b) of this section for such fiscal year. “(C) Increase in maximum amount.— Subject to subparagraph (D), the amount authorized to be appropriated from the Trust Fund under this paragraph for any fiscal year shall be increased by an amount equal to 2 times the excess, if any, of— “(i) the amount made available under section 505 and subsections (a) and (b) of this section for such fiscal year, over “(ii) the portion of the amount authorized under such section and subsections for such fiscal year which was not authorized for any previous fiscal year. “(D) Limitation on increases.— The aggregate amount of increases in the amount authorized to be appropriated from the Trust Fund under this paragraph may not exceed the 101 STAT. 1493aggregate amount of reductions made under subparagraph (B) of this paragraph.”. (2) Limitation on funding for weather services.— Section 506(d) is amended— (A) by striking out “$26,700,000” and all that follows through “1986; and”; and (B) by inserting before the period at the end thereof the following: “and $30,000,000 per fiscal year for each of fiscal years 1988, 1989, and 1990”. (d) Limitation on Uses of Trust Fund.— (1) Funding of airport improvement program.— Section 506(e)(1) is amended by inserting “and section 505” before the period. (2) Extension.— Section 506(e)(5) is amended by striking out “1987” and inserting in lieu thereof “1992”. (e) Airport Development and Planning.— Section 505(a) is amended by striking out the second sentence and inserting in lieu thereof the following: “The aggregate amounts which shall be available after September 30, 1981, to the Secretary for such grants and for grants for airport noise compatibility planning under section 103(b) of the Aviation Safety and Noise Abatement Act of 1979 and for carrying out noise compatibility programs or parts thereof under section 104(c) of such Act shall be $5,116,700,000 of which $475,000,000 shall be credited to the supplementary discretionary fund established by section 507(a)(3)(B) for fiscal years ending before October 1, 1987, $6,816,700,000 for fiscal years ending before October 1, 1988, $8,516,700,000 for fiscal years ending before October 1, 1989, $10,216,700,000 for fiscal years ending before October 1, 1990, $12,016,700,000 for fiscal years ending before October 1, 1991, and $13,816,700,000 for fiscal years ending before October 1, 1992.”. (f) Disadvantaged Business Enterprises.— Section 505 is amended by adding at the end thereof the following new subsection: “(d) Disadvantaged Business Enterprises.— “(1) General rule.— Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available under subsection (a) in a fiscal year beginning after September 30, 1987, shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. “(2) Definitions.— For purposes of this subsection— “(A) Small business concern.— The term ‘small business concern’ has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $14,000,000, as adjusted by the Secretary for inflation. “(B) Socially and economically disadvantaged individuals.— The term ‘socially and economically disadvantaged individuals’ has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged for purposes of this subsection. 101 STAT. 1494 “(3) Annual listing of disadvantaged business enterprises.— Each State or airport sponsor shall annually survey and compile a list of the small business concerns referred to in paragraph (1) and the location of such concerns in the State. “(4) Uniform certification.— The Secretary shall establish minimum uniform criteria for State governments and airport sponsors to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but not be limited to on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred.”. (g) Conforming Amendments.— (1) Section 506(a) is further amended— (A) in paragraph (3), as redesignated by subsection (a)(1) of this section, by inserting “Site preparation work.—” before “The costs of’; and (B) aligning such paragraph (3) with paragraph (1), as inserted by subsection (a)(2) of this section. (2) Section 506(c) is further amended— (A) in paragraph (1) by inserting “Description.—” before “The balance”; (B) in paragraph (2) by inserting “Fiscal years 1982–1987.—” before “The amount appropriated”; and (C) by indenting paragraph (1) and aligning such paragraph and paragraph (2) with paragraph (3) of such section, as added by subsection (c) of this section. (3) Section 506(e)(2) is amended by striking out “and (d) and the third sentence of section (c)” and inserting in lieu thereof “(c), and (d)”. (h) Special Rule for Hawaii.— Notwithstanding any other provision of law, funds made available to the State of Hawaii under section 505 of the Airport and Airway Improvement Act of 1982 may be used to acquire properties referred to as areas 46A and 46B of the United States General Services Administration Facility Site in Moanalua, Honolulu, Oahu, Hawaii, or to reimburse the State of Hawaii for such acquisition.