I 

114TH CONGRESS 

2D SESSION H. R. 5563 

To amend title 49, United States Code, to provide for increased local funding 

of airport development projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2016 

Mr. JOLLY introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title 49, United States Code, to provide for increased local funding of airport development projects, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring Local Con5 trol of Airports Act of 2016’’. 

6 SEC. 2. PASSENGER FACILITY CHARGES. 

7 (a) GENERAL AUTHORITY.—Section 40117(b) of title 

8 49, United States Code, is amended— 


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1 (1) in paragraph (1) by striking ‘‘$1, $2, or 

2 $3’’ and inserting ‘‘any amount’’; 

3 (2) by striking paragraph (4); 

4 (3) by redesignating paragraphs (5), (6), and 

5 (7) as paragraphs (4), (5), and (6), respectively; 

6 (4) in paragraph (5) (as so redesignated)— 

7 (A) by striking ‘‘paragraphs (1) and (4)’’ 

8 and inserting ‘‘paragraph (1)’’; and 

9 (B) by striking ‘‘paragraph (1) or (4)’’ and 

10 inserting ‘‘paragraph (1)’’; and 

11 (5) in paragraph (6)(A) (as so redesignated)— 

12 (A) by striking ‘‘paragraphs (1), (4), and 

13 (6)’’ and inserting ‘‘paragraphs (1) and (5)’’; 

14 and 

15 (B) by striking ‘‘paragraph (1) or (4)’’ and 

16 inserting ‘‘paragraph (1)’’. 

17 (b) DETERMINATION OF REASONABLENESS OF PAS18 SENGER FACILITY CHARGE.—Section 40117 of title 49, 

19 United States Code, is amended by adding at the end the 

20 following: 

21 ‘‘(n) DETERMINATION OF REASONABLENESS OF PAS22 SENGER FACILITY CHARGE.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall issue a 

24 determination as to whether a passenger facility 

25 charge is reasonable, if a written complaint for such 


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1 determination is filed with the Secretary by an af2 fected passenger not later than 120 days after the 

3 charge is paid by the passenger. 

4 ‘‘(2) SECRETARY’S DETERMINATION.—In deter5 mining under paragraph (1) whether a passenger fa6 cility charge is reasonable, the Secretary may only 

7 determine whether the charge is reasonable pursuant 

8 to paragraph (4). 

9 ‘‘(3) PROCEDURAL REGULATIONS.—Not later 

10 than 360 days after the date of enactment of this 

11 subsection, the Secretary shall publish in the Fed12 eral Register final regulations, policy statements, or 

13 guidelines establishing the procedures for acting 

14 upon written complaints filed under paragraph (1). 

15 ‘‘(4) DETERMINATION OF REASONABLENESS.— 

16 In determining under paragraph (1) whether a pas17 senger facility charge is reasonable, the Secretary 

18 shall determine if the passenger facility charge is— 

19 ‘‘(A) excessive in relation to the benefits 

20 conferred; or 

21 ‘‘(B) used for a purpose other than the 

22 purpose for which the charge was originally au23 thorized. 


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1 ‘‘(5) DECISIONS BY SECRETARY.—The final 

2 regulations, policy statements, or guidelines required 

3 under paragraph (3) shall provide for the following: 

4 ‘‘(A) Directions regarding an appropriate 

5 refund or credit of a passenger facility charge 

6 to a passenger who has filed with the Secretary 

7 a written complaint relating to a passenger fa8 cility charge. 

9 ‘‘(B) Not later than 270 days after a com10 plaint relating to a passenger facility charge is 

11 filed with the Secretary, the Secretary shall 

12 issue a written determination as to whether the 

13 passenger facility charge is reasonable. 

14 ‘‘(C) Not later than 90 days after a com15 plaint relating to a passenger facility charge is 

16 filed with the Secretary, the Secretary shall dis17 miss the complaint if no significant dispute ex18 ists or shall assign the matter to an administra19 tive law judge. Thereafter, the matter shall be 

20 handled in accordance with part 302 of title 14, 

21 Code of Federal Regulations, or as modified by 

22 the Secretary, to ensure an orderly disposition 

23 of the matter within the 270-day period and 

24 any specifically applicable provisions of this 

25 subsection. 


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1 ‘‘(D) The administrative law judge shall 

2 issue a recommended decision within 90 days 

3 after the complaint is assigned. 

4 ‘‘(E) If the Secretary, upon the expiration 

5 of the 270-day period, has not issued a final 

6 order, the decision of the administrative law 

7 judge shall be deemed to be the final order of 

8 the Secretary.’’. 

9 SEC. 3. AIRPORT IMPROVEMENT PROGRAM. 

10 (a) FUNDING.—Section 48103(a) of title 49, United 

11 States Code, is amended by striking ‘‘$3,350,000,000’’ 

12 and all that follows before the period at the end and in13 serting ‘‘$2,950,000,000 for each of fiscal years 2016 

14 through 2021’’. 

15 (b) APPORTIONMENTS.—Section 47114 of title 49, 

16 United States Code, is amended— 

17 (1) by striking ‘‘$3,200,000,000’’ each place it 

18 appears and inserting ‘‘$2,950,000,000’’; and 

19 (2) in subsection (f)— 

20 (A) in paragraph (1) by striking ‘‘para21 graph (3)’’ and inserting ‘‘paragraph (4)’’; 

22 (B) by redesignating paragraphs (2) and 

23 (3) as paragraphs (3) and (4), respectively; and 

24 (C) by inserting after paragraph (1) the 

25 following: 


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1 ‘‘(2) IN GENERAL.—Subject to paragraph (4), 

2 and in lieu of the reduction under paragraph (1), an 

3 amount that would be apportioned under this section 

4 (other than amounts apportioned under subsection 

5 (c)(2)) in a fiscal year to the sponsor of an airport 

6 having at least 1.0 percent of the total number of 

7 boardings each year in the United States and for 

8 which a charge of more than $4.50 is imposed in the 

9 fiscal year under section 40117 shall be reduced by 

10 an amount equal to— 

11 ‘‘(A) except as provided in subparagraph 

12 (B), 100 percent of the projected revenues from 

13 the charge in the fiscal year but not by more 

14 than 100 percent of the amount that otherwise 

15 would be apportioned under this section; or 

16 ‘‘(B) with respect to an airport in Hawaii, 

17 100 percent of the projected revenues from the 

18 charge in the fiscal year but not by more than 

19 100 percent of the excess of— 

20 ‘‘(i) the amount that otherwise would 

21 be apportioned under this section; over 

22 ‘‘(ii) the amount equal to the amount 

23 specified in clause (i) multiplied by the 

24 percentage of the total passenger boardVerDate Sep 11 2014 21:15 Jun 27, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5563.IH H5563

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1 ings at the applicable airport that are com2 prised of interisland passengers.’’; 

3 (D) in paragraph (3) (as so redesignated) 

4 by striking ‘‘paragraph (1)’’ and inserting 

5 ‘‘paragraph (1) or (2)’’; and 

6 (E) in paragraph (4) (as so redesig7 nated)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘.25 percent’’ and 

10 inserting ‘‘1.0 percent’’; and 

11 (II) by striking ‘‘paragraph (1)’’ 

12 and inserting ‘‘paragraph (2)’’; and 

13 (ii) in subparagraph (B) by striking 

14 ‘‘fiscal year 2004’’ and inserting ‘‘fiscal 

15 year 2017 and each fiscal year thereafter’’. 

16 (c) USE OF APPORTIONED AMOUNTS.—Section 

17 47117(e)(1)(C) of title 49, United States Code, is amend18 ed by striking ‘‘$3,200,000,000’’ and inserting 

19 ‘‘$2,950,000,000’’. 

20 SEC. 4. REDUCTION IN AIRLINE TICKET TAX. 

21 (a) IN GENERAL.—Section 4261(a) of the Internal 

22 Revenue Code of 1986 is amended by striking ‘‘7.5 per23 cent’’ and inserting ‘‘7.0 percent’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall apply to transportation beginning after 


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1 September 30, 2016, but not for amounts paid on or be2 fore such date. 

Æ 


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