§ 40117. — Passenger facility fees.
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC40117]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart i--general
CHAPTER 401--GENERAL PROVISIONS
Sec. 40117. Passenger facility fees
(a) Definitions.--In this section, the following definitions apply:
(1) Airport, commercial service airport, and public agency.--The
terms ``airport'', ``commercial service airport'', and ``public
agency'' have the meaning those terms have under section 47102.
(2) Eligible agency.--The term ``eligible agency'' means a
public agency that controls a commercial service airport.
(3) Eligible airport-related project.--The term ``eligible
airport-related project'' means any of the following projects:
(A) A project for airport development or airport planning
under subchapter I of chapter 471.
(B) A project for terminal development described in section
47110(d).
(C) A project for costs of terminal development referred to
in subparagraph (B) incurred after August 1, 1986, at an airport
that did not have more than .25 percent of the total annual
passenger boardings in the United States in the most recent
calendar year for which data is available and at which total
passenger boardings declined by at least 16 percent between
calendar year 1989 and calendar year 1997.
(D) A project for airport noise capability planning under
section 47505.
(E) A project to carry out noise compatibility measures
eligible for assistance under section 47504, whether or not a
program for those measures has been approved under section
47504.
(F) A project for constructing gates and related areas at
which passengers board or exit aircraft. In the case of a
project required to enable additional air service by an air
carrier with less than 50 percent of the annual passenger
boardings at an airport, the project for constructing gates and
related areas may include structural foundations and floor
systems, exterior building walls and load-bearing interior
columns or walls, windows, door and roof systems, building
utilities (including heating, air conditioning, ventilation,
plumbing, and electrical service), and aircraft fueling
facilities adjacent to the gate.
(G) A project for converting vehicles and ground support
equipment used at a commercial service airport to low-emission
technology (as defined in section 47102) or to use cleaner
burning conventional fuels, retrofitting of any such vehicles or
equipment that are powered by a diesel or gasoline engine with
emission control technologies certified or verified by the
Environmental Protection Agency to reduce emissions, or
acquiring for use at a commercial service airport vehicles and
ground support equipment that include low-emission technology or
use cleaner burning fuels if the airport is located in an air
quality nonattainment area (as defined in section 171(2) of the
Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area
referred to in section 175A of such Act (42 U.S.C. 7505a) and if
such project will result in an airport receiving appropriate
emission credits as described in section 47139.
(4) Ground support equipment.--The term ``ground support
equipment'' means service and maintenance equipment used at an
airport to support aeronautical operations and related activities.
(5) Passenger facility fee.--The term ``passenger facility fee''
means a fee imposed under this section.
(6) Passenger facility revenue.--The term ``passenger facility
revenue'' means revenue derived from a passenger facility fee.
(b) General Authority.--(1) The Secretary of Transportation may
authorize under this section an eligible agency to impose a passenger
facility fee of $1, $2, or $3 on each paying passenger of an air carrier
or foreign air carrier boarding an aircraft at an airport the agency
controls to finance an eligible airport-related project, including
making payments for debt service on indebtedness incurred to carry out
the project, to be carried out in connection with the airport or any
other airport the agency controls.
(2) A State, political subdivision of a State, or authority of a
State or political subdivision that is not the eligible agency may not
regulate or prohibit the imposition or collection of a passenger
facility fee or the use of the passenger facility revenue.
(3) A passenger facility fee may be imposed on a passenger of an air
carrier or foreign air carrier originating or connecting at the
commercial service airport that the agency controls.
(4) In lieu of authorizing a fee under paragraph (1), the Secretary
may authorize under this section an eligible agency to impose a
passenger facility fee of $4.00 or $4.50 on each paying passenger of an
air carrier or foreign air carrier boarding an aircraft at an airport
the agency controls to finance an eligible airport-related project,
including making payments for debt service on indebtedness incurred to
carry out the project, if the Secretary finds--
(A) in the case of an airport that has more than .25 percent of
the total number of annual boardings in the United States, that the
project will make a significant contribution to improving air safety
and security, increasing competition among air carriers, reducing
current or anticipated congestion, or reducing the impact of
aviation noise on people living near the airport; and
(B) that the project cannot be paid for from funds reasonably
expected to be available for the programs referred to in section
48103.
(5) Maximum cost for certain low-emission technology projects.--The
maximum cost that may be financed by imposition of a passenger facility
fee under this section for a project described in subsection (a)(3)(G)
with respect to a vehicle or ground support equipment may not exceed the
incremental amount of the project cost that is greater than the cost of
acquiring a vehicle or equipment that is not low-emission and would be
used for the same purpose, or the cost of low-emission retrofitting, as
determined by the Secretary.
(6) Debt service for certain projects.--In addition to the uses
specified in paragraphs (1) and (4), the Secretary may authorize a
passenger facility fee imposed under paragraph (1) or (4) to be used for
making payments for debt service on indebtedness incurred to carry out
at the airport a project that is not an eligible airport-related project
if the Secretary determines that such use is necessary due to the
financial need of the airport.
(c) Applications.--(1) An eligible agency must submit to the
Secretary an application for authority to impose a passenger facility
fee. The application shall contain information and be in the form that
the Secretary may require by regulation.
(2) Before submitting an application, the eligible agency must
provide reasonable notice to, and an opportunity for consultation with,
air carriers and foreign air carriers operating at the airport. The
Secretary shall prescribe regulations that define reasonable notice and
contain at least the following requirements:
(A) The agency must provide written notice of individual
projects being considered for financing by a passenger facility fee
and the date and location of a meeting to present the projects to
air carriers and foreign air carriers operating at the airport.
(B) Not later than 30 days after written notice is provided
under subparagraph (A) of this paragraph, each air carrier and
foreign air carrier operating at the airport must provide to the
agency written notice of receipt of the notice. Failure of a carrier
to provide the notice may be deemed certification of agreement with
the project by the carrier under subparagraph (D) of this paragraph.
(C) Not later than 45 days after written notice is provided
under subparagraph (A) of this paragraph, the agency must conduct a
meeting to provide air carriers and foreign air carriers with
descriptions of projects and justifications and a detailed financial
plan for projects.
(D) Not later than 30 days after the meeting, each air carrier
and foreign air carrier must provide to the agency certification of
agreement or disagreement with projects (or total plan for the
projects). Failure to provide the certification is deemed
certification of agreement with the project by the carrier. A
certification of disagreement is void if it does not contain the
reasons for the disagreement.
(E) The agency must include in its application or notice
submitted under subparagraph (A) copies of all certifications of
agreement or disagreement received under subparagraph (D).
(F) For the purpose of this section, an eligible agency
providing notice and an opportunity for consultation to an air
carrier or foreign air carrier is deemed to have satisfied the
requirements of this paragraph if the eligible agency limits such
notices and consultations to air carriers and foreign air carriers
that have a significant business interest at the airport. In the
subparagraph, the term ``significant business interest'' means an
air carrier or foreign air carrier that had no less than 1.0 percent
of passenger boardings at the airport in the prior calendar year,
had at least 25,000 passenger boardings at the airport in the prior
calendar year, or provides scheduled service at the airport.
(3) Before submitting an application, the eligible agency must
provide reasonable notice and an opportunity for public comment. The
Secretary shall prescribe regulations that define reasonable notice and
provide for at least the following under this paragraph:
(A) A requirement that the eligible agency provide public notice
of intent to collect a passenger facility fee so as to inform those
interested persons and agencies that may be affected. The public
notice may include--
(i) publication in local newspapers of general circulation;
(ii) publication in other local media; and
(iii) posting the notice on the agency's Internet website.
(B) A requirement for submission of public comments no sooner
than 30 days, and no later than 45 days, after the date of the
publication of the notice.
(C) A requirement that the agency include in its application or
notice submitted under subparagraph (A) copies of all comments
received under subparagraph (B).
(4) After receiving an application, the Secretary may provide notice
and an opportunity to air carriers, foreign air carriers, and other
interested persons to comment on the application. The Secretary shall
make a final decision on the application not later than 120 days after
receiving it.
(d) Limitations on Approving Applications.--The Secretary may
approve an application that an eligible agency has submitted under
subsection (c) of this section to finance a specific project only if the
Secretary finds, based on the application, that--
(1) the amount and duration of the proposed passenger facility
fee will result in revenue (including interest and other returns on
the revenue) that is not more than the amount necessary to finance
the specific project;
(2) each project is an eligible airport-related project that
will--
(A) preserve or enhance capacity, safety, or security of the
national air transportation system;
(B) reduce noise resulting from an airport that is part of
the system; or
(C) provide an opportunity for enhanced competition between
or among air carriers and foreign air carriers;
(3) the application includes adequate justification for each of
the specific projects; and
(4) in the case of an application to impose a fee of more than
$3.00 for an eligible surface transportation or terminal project,
the agency has made adequate provision for financing the airside
needs of the airport, including runways, taxiways, aprons, and
aircraft gates.
(e) Limitations on Imposing Fees.--(1) An eligible agency may impose
a passenger facility fee only--
(A) if the Secretary approves an application that the agency has
submitted under subsection (c) of this section; and
(B) subject to terms the Secretary may prescribe to carry out
the objectives of this section.
(2) A passenger facility fee may not be collected from a passenger--
(A) for more than 2 boardings on a one-way trip or a trip in
each direction of a round trip;
(B) for the boarding to an eligible place under subchapter II of
chapter 417 of this title for which essential air service
compensation is paid under subchapter II;
(C) enplaning at an airport if the passenger did not pay for the
air transportation which resulted in such enplanement, including any
case in which the passenger obtained the ticket for the air
transportation with a frequent flier award coupon without monetary
payment;
(D) on flights, including flight segments, between 2 or more
points in Hawaii;
(E) in Alaska aboard an aircraft having a seating capacity of
less than 60 passengers; and
(F) enplaning at an airport if the passenger did not pay for the
air transportation which resulted in such enplanement due to charter
arrangements and payment by the Department of Defense.
(f) Limitations on Contracts, Leases, and Use Agreements.--(1) A
contract between an air carrier or foreign air carrier and an eligible
agency made at any time may not impair the authority of the agency to
impose a passenger facility fee or to use the passenger facility revenue
as provided in this section.
(2) A project financed with a passenger facility fee may not be
subject to an exclusive long-term lease or use agreement of an air
carrier or foreign air carrier, as defined by regulations of the
Secretary.
(3) A lease or use agreement of an air carrier or foreign air
carrier related to a project whose construction or expansion was
financed with a passenger facility fee may not restrict the eligible
agency from financing, developing, or assigning new capacity at the
airport with passenger facility revenue.
(g) Treatment of Revenue.--(1) Passenger facility revenue is not
airport revenue for purposes of establishing a price under a contract
between an eligible agency and an air carrier or foreign air carrier.
(2) An eligible agency may not include in its price base the part of
the capital costs of a project paid for by using passenger facility
revenue to establish a price under a contract between the agency and an
air carrier or foreign air carrier.
(3) For a project for terminal development, gates and related areas,
or a facility occupied or used by at least one air carrier or foreign
air carrier on an exclusive or preferential basis, a price payable by an
air carrier or foreign air carrier using the facilities must at least
equal the price paid by an air carrier or foreign air carrier using a
similar facility at the airport that was not financed with passenger
facility revenue.
(4) Passenger facility revenues that are held by an air carrier or
an agent of the carrier after collection of a passenger facility fee
constitute a trust fund that is held by the air carrier or agent for the
beneficial interest of the eligible agency imposing the fee. Such
carrier or agent holds neither legal nor equitable interest in the
passenger facility revenues except for any handling fee or retention of
interest collected on unremitted proceeds as may be allowed by the
Secretary.
(h) Compliance.--(1) As necessary to ensure compliance with this
section, the Secretary shall prescribe regulations requiring
recordkeeping and auditing of accounts maintained by an air carrier or
foreign air carrier and its agent collecting a passenger facility fee
and by the eligible agency imposing the fee.
(2) The Secretary periodically shall audit and review the use by an
eligible agency of passenger facility revenue. After review and a public
hearing, the Secretary may end any part of the authority of the agency
to impose a passenger facility fee to the extent the Secretary decides
that the revenue is not being used as provided in this section.
(3) The Secretary may set off amounts necessary to ensure compliance
with this section against amounts otherwise payable to an eligible
agency under subchapter I of chapter 471 of this title if the Secretary
decides a passenger facility fee is excessive or that passenger facility
revenue is not being used as provided in this section.
(i) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section. The regulations--
(1) may prescribe the time and form by which a passenger
facility fee takes effect;
(2) shall--
(A) require an air carrier or foreign air carrier and its
agent to collect a passenger facility fee that an eligible
agency imposes under this section;
(B) establish procedures for handling and remitting money
collected;
(C) ensure that the money, less a uniform amount the
Secretary determines reflects the average necessary and
reasonable expenses (net of interest accruing to the carrier and
agent after collection and before remittance) incurred in
collecting and handling the fee, is paid promptly to the
eligible agency for which they are collected; and
(D) require that the amount collected for any air
transportation be noted on the ticket for that air
transportation; and
(3) may permit an eligible agency to request that collection of
a passenger facility fee be waived for--
(A) passengers enplaned by any class of air carrier or
foreign air carrier if the number of passengers enplaned by the
carriers in the class constitutes not more than one percent of
the total number of passengers enplaned annually at the airport
at which the fee is imposed; or
(B) passengers enplaned on a flight to an airport--
(i) that has fewer than 2,500 passenger boardings each
year and receives scheduled passenger service; or
(ii) in a community which has a population of less than
10,000 and is not connected by a land highway or vehicular
way to the land-connected National Highway System within a
State.
(j) Limitation on Certain Actions.--A State, political subdivision
of a State, or authority of a State or political subdivision that is not
the eligible agency may not tax, regulate, or prohibit or otherwise
attempt to control in any manner, the imposition or collection of a
passenger facility fee or the use of the revenue from the passenger
facility fee.
(k) Competition Plans.--
(1) In general.--Beginning in fiscal year 2001, no eligible
agency may impose a passenger facility fee under this section with
respect to a covered airport (as such term is defined in section
47106(f)) unless the agency has submitted to the Secretary a written
competition plan in accordance with such section. This subsection
does not apply to passenger facility fees in effect before the date
of the enactment of this subsection.
(2) Secretary shall ensure implementation and compliance.--The
Secretary shall review any plan submitted under paragraph (1) to
ensure that it meets the requirements of this section, and shall
review its implementation from time-to-time to ensure that each
covered airport successfully implements its plan.
(l) Pilot Program for Passenger Facility Fee Authorizations at
Nonhub Airports.--
(1) In general.--The Secretary shall establish a pilot program
to test alternative procedures for authorizing eligible agencies for
nonhub airports to impose passenger facility fees. An eligible
agency may impose in accordance with the provisions of this
subsection a passenger facility fee under this section. For purposes
of the pilot program, the procedures in this subsection shall apply
instead of the procedures otherwise provided in this section.
(2) Notice and opportunity for consultation.--The eligible
agency must provide reasonable notice and an opportunity for
consultation to air carriers and foreign air carriers in accordance
with subsection (c)(2) and must provide reasonable notice and
opportunity for public comment in accordance with subsection (c)(3).
(3) Notice of intention.--The eligible agency must submit to the
Secretary a notice of intention to impose a passenger facility fee
under this subsection. The notice shall include--
(A) information that the Secretary may require by regulation
on each project for which authority to impose a passenger
facility fee is sought;
(B) the amount of revenue from passenger facility fees that
is proposed to be collected for each project; and
(C) the level of the passenger facility fee that is
proposed.
(4) Acknowledgement of receipt and indication of objection.--The
Secretary shall acknowledge receipt of the notice and indicate any
objection to the imposition of a passenger facility fee under this
subsection for any project identified in the notice within 30 days
after receipt of the eligible agency's notice.
(5) Authority to impose fee.--Unless the Secretary objects
within 30 days after receipt of the eligible agency's notice, the
eligible agency is authorized to impose a passenger facility fee in
accordance with the terms of its notice under this subsection.
(6) Regulations.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall propose such
regulations as may be necessary to carry out this subsection.
(7) Sunset.--This subsection shall cease to be effective
beginning on the date that is 3 years after the date of issuance of
regulations to carry out this subsection.
(8) Acknowledgement not an order.--An acknowledgement issued
under paragraph (4) shall not be considered an order issued by the
Secretary for purposes of section 46110.
(m) Financial Management of Fees.--
(1) Handling of fees.--A covered air carrier shall segregate in
a separate account passenger facility revenue equal to the average
monthly liability for fees collected under this section by such
carrier or any of its agents for the benefit of the eligible
agencies entitled to such revenue.
(2) Trust fund status.--If a covered air carrier or its agent
fails to segregate passenger facility revenue in violation of the
subsection, the trust fund status of such revenue shall not be
defeated by an inability of any party to identify and trace the
precise funds in the accounts of the air carrier.
(3) Prohibition.--A covered air carrier and its agents may not
grant to any third party any security or other interest in passenger
facility revenue.
(4) Compensation to eligible entities.--A covered air carrier
that fails to comply with any requirement of this subsection, or
otherwise unnecessarily causes an eligible entity to expend funds,
through litigation or otherwise, to recover or retain payment of
passenger facility revenue to which the eligible entity is otherwise
entitled shall be required to compensate the eligible agency for the
costs so incurred.
(5) Interest on amounts.--A covered air carrier that collects
passenger facility fees is entitled to receive the interest on
passenger facility fee accounts if the accounts are established and
maintained in compliance with this subsection.
(6) Existing regulations.--The provisions of section 158.49 of
title 14, Code of Federal Regulations, that permit the commingling
of passenger facility fees with other air carrier revenue shall not
apply to a covered air carrier.
(7) Covered air carrier defined.--In this section, the term
``covered air carrier'' means an air carrier that files for chapter
7 or chapter 11 of title 11 bankruptcy protection, or has an
involuntary chapter 7 of title 11 bankruptcy proceeding commenced
against it, after the date of enactment of this subsection.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1113; Pub. L. 103-
305, title II, Secs. 203, 204(a)(1), (b), Aug. 23, 1994, 108 Stat. 1582,
1583; Pub. L. 104-264, title I, Sec. 142(b)(2), title XII, Sec. 1202,
Oct. 9, 1996, 110 Stat. 3221, 3280; Pub. L. 104-287, Sec. 5(67), Oct.
11, 1996, 110 Stat. 3395; Pub. L. 106-181, title I, Secs. 105(a), (b),
135(a), (b), 151, 152(a), 155(c), Apr. 5, 2000, 114 Stat. 71, 83, 86-88;
Pub. L. 108-176, title I, Secs. 121(a)-(c), 122-123(d), 124, Dec. 12,
2003, 117 Stat. 2499-2502.)
Historical and Revision Notes
Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40117(a)(1)........................... 49 App.:1513(e) (15)(A), (B), Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
(D). 731, Sec. 1113(e)(1)-(3), (5)-(15);
added Nov. 5, 1990, Pub. L. 101-508,
Sec. 9110(2), 104 Stat. 1388-357.
40117(a)(2)........................... (no source).
40117(a)(3)........................... 49 App.:1513(e) (15)(C).
40117(a)(4), (5)...................... (no source).
40117(b)(1)........................... 49 App.:1513(e)(1).
40117(b)(2)........................... 49 App.:1513(e)(8) (1st
sentence).
40117(b)(3)........................... 49 App.:1513(e)(6) (1st
sentence).
40117(c)(1), (2)...................... 49 App.:1513(e) (11)(A)-(C).
40117(c)(3)........................... 49 App.:1513(e) (11)(D), (E)
(last sentence).
40117(d).............................. 49 App.:1513(e)(2), (5).
40117(e) (1)(A)....................... 49 App.:1513(e) (11)(E) (1st
sentence).
40117(e) (1)(B)....................... 49 App.:1513(e)(13).
40117(e) (2)(A)....................... 49 App.:1513(e)(6) (last
sentence).
40117(e) (2)(B)....................... 49 App.:1513(e)(3).
40117(e) (2)(C)....................... 49 App.:1513(e)(4). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1113(e)(4); added Nov. 5,
1990, Pub. L. 101-508, Sec. 9110(2),
104 Stat. 1388-357; Oct. 31, 1992,
Pub. L. 102-581, Sec. 105, 106 Stat.
4877.
40117(f)(1)........................... 49 App.:1513(e)(8) (last
sentence).
40117(f)(2), (3)...................... 49 App.:1513(e)(9).
40117(g).............................. 49 App.:1513(e)(7).
40117(h).............................. 49 App.:1513(e)(12).
40117(i).............................. 49 App.:1513(e)(10), (14).
----------------------------------------------------------------------------------------------------------------
In subsection (a), before clause (1), the text of 49
App.:1513(e)(15)(A) is omitted for clarity and because the terms ``air
carrier'' and ``foreign air carrier'' are used the first time they
appear in each subsection. The text of 49 App.:1513(e)(15)(D) is omitted
because the complete name of the Secretary of Transportation is used the
first time the term appears in this section. Clauses (2), (4), and (5)
are added to avoid repeating the source provisions throughout this
section. In clause (3)(D), the words ``without regard to'' are omitted
as surplus.
In subsection (b)(1), the words ``bonds and other'' are omitted as
surplus.
In subsection (b)(2), the word ``limit'' is omitted as being
included in ``regulate''.
In subsection (d), before clause (1), the text of 49 App.:1513(e)(5)
is omitted as executed. The words ``approve an application that an
eligible agency has submitted under subsection (c) of this section'' are
substituted for ``grant a public agency which controls a commercial
service airport authority to impose a fee under this subsection'' for
clarity.
In subsection (e)(1)(B), the words ``and conditions'' are omitted as
being included in ``terms''.
Subsection (e)(2)(A) is substituted for 49 App.:1513(e)(6) (last
sentence) to eliminate unnecessary words.
In subsection (e)(2)(B), the words ``a public agency which controls
any other airport'', ``If a passenger of an air carrier is being
provided air service'', and ``with respect to such air service'' are
omitted as surplus.
In subsection (f)(3), the words ``financed with'' are substituted
for ``carried out through the use of'' for consistency in this section
and to eliminate unnecessary words.
In subsection (g), the word ``price'' is substituted for ``rate,
fee, or charge'' and ``rates, fees, and charges'' to eliminate
unnecessary words.
In subsection (g)(2), the words ``Except as provided by subparagraph
(C)'' and ``by means of depreciation, amortization, or any other
method'' are omitted as surplus.
In subsection (h)(1), the word ``agent'' is substituted for
``agency'' to correct an error in the source provisions.
In subsection (i), before clause (1), the words ``Not later than May
4, 1991'' are omitted as obsolete.
Pub. L. 104-287
This repeals 49:40117(e)(2)(C) to eliminate an executed provision
and makes conforming amendments.
References in Text
The date of the enactment of this subsection, referred to in subsec.
(k)(1), is the date of enactment of Pub. L. 106-181, which was approved
Apr. 5, 2000.
The date of enactment of this subsection, referred to in subsecs.
(l)(6) and (m)(7), is the date of enactment of Pub. L. 108-176, which
was approved Dec. 12, 2003.
Amendments
2003--Subsec. (a)(3)(C). Pub. L. 108-176, Sec. 123(d), substituted
``A project for costs'' for ``for costs'' and a period for the semicolon
at end.
Subsec. (a)(3)(G). Pub. L. 108-176, Sec. 121(a), added subpar. (G).
Subsec. (a)(4) to (6). Pub. L. 108-176, Sec. 121(c), added par. (4)
and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Subsec. (b)(5). Pub. L. 108-176, Sec. 121(b), added par. (5).
Subsec. (b)(6). Pub. L. 108-176, Sec. 122, added par. (6).
Subsec. (c)(2)(E), (F). Pub. L. 108-176, Sec. 123(a)(1), added
subpars. (E) and (F).
Subsec. (c)(3), (4). Pub. L. 108-176, Sec. 123(a)(2)-(4), added par.
(3), redesignated former par. (3) as (4), and substituted ``may'' for
``shall'' in first sentence of par. (4).
Subsec. (e)(2)(C). Pub. L. 108-176, Sec. 123(c)(1), substituted a
semicolon for period at end.
Subsec. (e)(2)(F). Pub. L. 108-176, Sec. 123(c)(2)-(4), added
subpar. (F).
Subsec. (l). Pub. L. 108-176, Sec. 123(b), added subsec. (l).
Subsec. (m). Pub. L. 108-176, Sec. 124, added subsec. (m).
2000--Subsec. (a). Pub. L. 106-181, Sec. 151, amended heading and
text of subsec. (a) generally. Prior to amendment, text read as follows:
``In this section--
``(1) `airport', `commercial service airport', and `public
agency' have the same meanings given those terms in section 47102 of
this title.
``(2) `eligible agency' means a public agency that controls a
commercial service airport.
``(3)`eligible airport-related project' means a project--
``(A) for airport development or airport planning under
subchapter I of chapter 471 of this title;
``(B) for terminal development described in section 47110(d)
of this title;
``(C) for airport noise capability planning under section
47505 of this title;
``(D) to carry out noise compatibility measures eligible for
assistance under section 47504 of this title, whether or not a
program for those measures has been approved under section
47504; and
``(E) for constructing gates and related areas at which
passengers board or exit aircraft.
``(4) `passenger facility fee' means a fee imposed under this
section.
``(5) `passenger facility revenue' means revenue derived from a
passenger facility fee.''
Subsec. (a)(3)(C) to (F). Pub. L. 106-181, Sec. 152(a), added
subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F),
respectively.
Subsec. (b)(4). Pub. L. 106-181, Sec. 105(a), added par. (4).
Subsec. (d)(4). Pub. L. 106-181, Sec. 105(b), added par. (4).
Subsec. (e)(2)(D), (E). Pub. L. 106-181, Sec. 135(a), added subpars.
(D) and (E).
Subsec. (i)(3). Pub. L. 106-181, Sec. 135(b)(1)-(3), added par. (3).
Subsec. (j). Pub. L. 106-181, Sec. 135(b)(4), added subsec. (j).
Subsec. (k). Pub. L. 106-181, Sec. 155(c), added subsec. (k).
1996--Subsec. (a)(3)(D) to (F). Pub. L. 104-264, Sec. 142(b)(2),
inserted ``and'' at end of subpar. (D), substituted a period for ``;
and'' at end of subpar. (E), and struck out subpar. (F) which read as
follows: ``in addition to projects eligible under subparagraph (A), the
construction, reconstruction, repair, or improvement of areas of an
airport used for the operation of aircraft or actions to mitigate the
environmental effects of such construction, reconstruction, repair, or
improvement when the construction, reconstruction, repair, improvement,
or action is necessary for compliance with the responsibilities of the
operator or owner of the airport under the Americans with Disabilities
Act of 1990, the Clean Air Act, or the Federal Water Pollution Control
Act with respect to the airport.''
Subsec. (e)(2)(B) to (D). Pub. L. 104-287 inserted ``and'' at end of
subpar. (B), redesignated subpar. (D) as (C), and struck out former
subpar. (C) which read as follows: ``for a project the Secretary does
not approve under this section before October 1, 1993, if, during the
fiscal year ending September 30, 1993, the amount available for
obligation under subchapter II of chapter 417 of this title is less than
$38,600,000, except that this clause--
``(i) does not apply if the amount available for obligation
under subchapter II of chapter 417 of this title is less than
$38,600,000 because of sequestration or other general appropriations
reductions applied proportionately to appropriations accounts
throughout an appropriation law; and
``(ii) does not affect the authority of the Secretary to approve
the imposition of a fee or the use of revenues, derived from a fee
imposed under an approval made under this section, by a public
agency that has received an approval to impose a fee under this
section before September 30, 1993, regardless of whether the fee is
being imposed on September 30, 1993; and''.
Subsec. (g)(4). Pub. L. 104-264, Sec. 1202, added par. (4).
1994--Subsec. (a)(3)(F). Pub. L. 103-305, Sec. 203, added subpar.
(F).
Subsec. (d)(3). Pub. L. 103-305, Sec. 204(b), added par. (3).
Subsec. (e)(2)(D). Pub. L. 103-305, Sec. 204(a)(1), added subpar.
(D).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108-176 applicable only to fiscal years
beginning after Sept. 30, 2003, except as otherwise specifically
provided, see section 3 of Pub. L. 108-176, set out as a note under
section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set
out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and
not to be construed as affecting funds made available for a fiscal year
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as
a note under section 106 of this title.
Guidance
Pub. L. 108-176, title I, Sec. 121(d), Dec. 12, 2003, 117 Stat.
2500, provided that: ``The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall issue
guidance determining eligibility of projects, and how benefits to air
quality must be demonstrated, under the amendments made by this section
[amending this section].''
Eligibility of Airport Ground Access Transportation Projects
Pub. L. 108-176, title I, Sec. 123(e), Dec. 12, 2003, 117 Stat.
2502, provided that: ``Not later than 60 days after the enactment of
this Act [Dec. 12, 2003], the Administrator of the Federal Aviation
Administration shall publish in the Federal Register the current policy
of the Administration, consistent with current law, with respect to the
eligibility of airport ground access transportation projects for the use
of passenger facility fees under section 40117 of title 49, United
States Code.''
Competition Plans
Pub. L. 106-181, title I, Sec. 155(a), Apr. 5, 2000, 114 Stat. 88,
provided that: ``The Congress makes the following findings:
``(1) Major airports must be available on a reasonable basis to
all air carriers wishing to serve those airports.
``(2) 15 large hub airports today are each dominated by one air
carrier, with each such carrier controlling more than 50 percent of
the traffic at the hub.
``(3) The General Accounting Office has found that such levels
of concentration lead to higher air fares.
``(4) The United States Government must take every step
necessary to reduce those levels of concentration.
``(5) Consistent with air safety, spending at these airports
must be directed at providing opportunities for carriers wishing to
serve such facilities on a commercially viable basis.''
Limitation on Statutory Construction of Subsection (e)(2)(D)
Section 204(a)(2) of Pub. L. 103-305 provided that: ``The amendment
made by paragraph (1) [amending this section] shall not be construed as
requiring any person to refund any fee paid before the date of the
enactment of this Act [Aug. 23, 1994].''
Section Referred to in Other Sections
This section is referred to in sections 40116, 44517, 46301, 46316,
47102, 47106, 47110, 47111, 47114, 47134, 47139, 47524, 47526, 49108 of
this title.