556
(B) each air carrier and foreign air carrier providing transportation
between the United States and the airport shall provide written notice
of the decision, on or with the ticket, to each passenger buying a ticket
for transportation between the United States and the airport;
(C) notwithstanding section 40105(b) of this title, the Secretary of
Transportation, after consulting with the appropriate aeronautic au-
thorities of the foreign country concerned and each air carrier serving
the airport and with the approval of the Secretary of State, may with-
hold, revoke, or prescribe conditions on the operating authority of an air
carrier or foreign air carrier that uses that airport to provide foreign
air transportation; and
(D) the President may prohibit an air carrier or foreign air carrier
from providing transportation between the United States and any other
foreign airport that is served by aircraft flying to or from the airport
with respect to which a decision is made under this section.
(2)(A) Paragraph (1) of this subsection becomes effective—
(i) 90 days after the government of a foreign country is notified under
subsection (c) of this section if the Secretary of Transportation finds that
the government has not brought the security measures at the airport up
to the standard the Secretary used in making an assessment under sub-
section (a) of this section; or
(ii) immediately on the decision of the Secretary of Transportation
under subsection (c) of this section if the Secretary of Transportation de-
cides, after consulting with the Secretary of State, that a condition exists
that threatens the safety or security of passengers, aircraft, or crew trav-
eling to or from the airport.
(B) The Secretary of Transportation immediately shall notify the Secretary
of State of a decision under subparagraph (A)(ii) of this paragraph so that
the Secretary of State may issue a travel advisory required under section
44908(a) of this title.
(3) The Secretary of Transportation promptly shall submit to Congress a
report (and classified annex if necessary) on action taken under paragraph
(1) or (2) of this subsection, including information on attempts made to ob-
tain the cooperation of the government of a foreign country in meeting the
standard the Secretary used in assessing the airport under subsection (a) of
this section.
(4) An action required under paragraph (1)(A) and (B) of this subsection
is no longer required only if the Secretary of Transportation, in consultation
with the Secretary of State, decides that effective security measures are main-
tained and carried out at the airport. The Secretary of Transportation shall
notify Congress when the action is no longer required to be taken.
557
(e) SUSPENSIONS.—Notwithstanding sections 40105(b) and 40106(b) of this
title, the Secretary of Transportation, with the approval of the Secretary of
State and without notice or a hearing, shall suspend the right of an air car-
rier or foreign air carrier to provide foreign air transportation, and the right
of a person to operate aircraft in foreign air commerce, to or from a foreign
airport when the Secretary of Transportation decides that—
(1) a condition exists that threatens the safety or security of pas-
sengers, aircraft, or crew traveling to or from that airport; and
(2) the public interest requires an immediate suspension of transpor-
tation between the United States and that airport.
(f) CONDITION OF CARRIER AUTHORITY.—This section is a condition to au-
thority the Secretary of Transportation grants under this part to an air car-
rier or foreign air carrier.
§ 44908. Travel advisory and suspension of foreign assistance
(a) TRAVEL ADVISORIES.—On being notified by the Secretary of Transpor-
tation that the Secretary of Transportation has decided under section
44907(d)(2)(A)(ii) of this title that a condition exists that threatens the safety
or security of passengers, aircraft, or crew traveling to or from a foreign air-
port that the Secretary of Transportation has decided under section 44907 of
this title does not maintain and carry out effective security measures, the Sec-
retary of State—
(1) immediately shall issue a travel advisory for that airport;
(2) shall publish the advisory in the Federal Register; and
(3) shall publicize the advisory widely.
(b) SUSPENDING ASSISTANCE.—The President shall suspend assistance pro-
vided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or
the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in which
is located an airport with respect to which section 44907(d)(1) of this title
becomes effective if the Secretary of State decides the country is a high terror-
ist threat country. The President may waive this subsection if the President
decides, and reports to Congress, that the waiver is required because of na-
tional security interests or a humanitarian emergency.
(c) ACTIONS NO LONGER REQUIRED.—An action required under this sec-
tion is no longer required only if the Secretary of Transportation has made
a decision as provided under section 44907(d)(4) of this title. The Secretary
shall notify Congress when the action is no longer required to be taken.
§ 44909. Passenger manifests
(a) AIR CARRIER REQUIREMENTS.—(1) Not later than March 16, 1991, the
Secretary of Transportation shall require each air carrier to provide a pas-
senger manifest for a flight to an appropriate representative of the Secretary
of State—
558
(A) not later than one hour after that carrier is notified of an aviation
disaster outside the United States involving that flight; or
(B) if it is not technologically feasible or reasonable to comply with
clause (A) of this paragraph, then as expeditiously as possible, but not
later than 3 hours after the carrier is so notified.
(2) The passenger manifest shall include the following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if required for travel.
(C) the name and telephone number of a contact for each passenger.
(3) In carrying out this subsection, the Secretary of Transportation shall
consider the necessity and feasibility of requiring air carriers to collect pas-
senger manifest information as a condition for passengers boarding a flight
of the carrier.
(b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary of Transpor-
tation shall consider imposing a requirement on foreign air carriers com-
parable to that imposed on air carriers under subsection (a)(1) and (2) of
this section.
§ 44910. Agreements on aircraft sabotage, aircraft hijacking,
and airport security
The Secretary of State shall seek multilateral and bilateral agreement on
strengthening enforcement measures and standards for compliance related to
aircraft sabotage, aircraft hijacking, and airport security.
§ 44911. Intelligence
(a) DEFINITION.—In this section, ‘‘intelligence community’’ means the in-
telligence and intelligence-related activities of the following units of the Unit-
ed States Government:
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.
(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The head of
each unit in the intelligence community shall prescribe policies and proce-
dures to ensure that intelligence reports about international terrorism are
made available, as appropriate, to the heads of other units in the intelligence
559
community, the Secretary of Transportation, and the Administrator of the
Federal Aviation Administration.
(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the
units in the intelligence community shall consider placing greater emphasis
on strategic intelligence efforts by establishing a unit for strategic planning
on terrorism.
(d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the Sec-
retary, the Director of Central Intelligence shall designate at least one intel-
ligence officer of the Central Intelligence Agency to serve in a senior position
in the Office of the Secretary.
(e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intel-
ligence community, the Secretary, and the Administrator shall review and,
as appropriate, revise written working agreements between the intelligence
community and the Administrator.
§ 44912. Research and development
(a) PROGRAM REQUIREMENT.—(1) The Administrator of the Federal Avia-
tion Administration shall establish and carry out a program to accelerate and
expand the research, development, and implementation of technologies and
procedures to counteract terrorist acts against civil aviation. The program
shall provide for developing and having in place, not later than November 16,
1993, new equipment and procedures necessary to meet the technological chal-
lenges presented by terrorism. The program shall include research on, and de-
velopment of, technological improvements and ways to enhance human per-
formance.
(2) In designing and carrying out the program established under this sub-
section, the Administrator shall—
(A) consult and coordinate activities with other departments, agencies,
and instrumentalities of the United States Government doing similar re-
search;
(B) identify departments, agencies, and instrumentalities that would
benefit from that research; and
(C) seek cost-sharing agreements with those departments, agencies, and
instrumentalities.
(3) In carrying out the program established under this subsection, the Ad-
ministrator shall review and consider the annual reports the Secretary of
Transportation submits to Congress on transportation security and intel-
ligence.
(4) The Administrator may—
(A) make grants to institutions of higher learning and other appro-
priate research facilities with demonstrated ability to carry out research
560
described in paragraph (1) of this subsection, and fix the amounts and
terms of the grants; and
(B) make cooperative agreements with governmental authorities the
Administrator decides are appropriate.
(b) REVIEW OF THREATS.—(1) The Administrator shall complete an inten-
sive review of threats to civil aviation, with particular focus on—
(A) explosive material that presents the most significant threat to civil
aircraft;
(B) the minimum amounts, configurations, and types of explosive ma-
terial that can cause, or would reasonably be expected to cause, cata-
strophic damage to commercial aircraft in service and expected to be in
service in the 10-year period beginning on November, 16, 1990;
(C) the amounts, configurations, and types of explosive material that
can be detected reliably by existing, or reasonably anticipated, near-term
explosive detection technologies;
(D) the feasibility of using various ways to minimize damage caused
by explosive material that cannot be detected reliably by existing, or rea-
sonably anticipated, near-term explosive detection technologies;
(E) the ability to screen passengers, carry-on baggage, checked bag-
gage, and cargo; and
(F) the technologies that might be used in the future to attempt to de-
stroy or otherwise threaten commercial aircraft and the way in which
those technologies can be countered effectively.
(2) The Administrator shall use the results of the review under this sub-
section to develop the focus and priorities of the program established under
subsection (a) of this section.
(c) SCIENTIFIC ADVISORY PANEL.—The Administrator shall establish a sci-
entific advisory panel, as a subcommittee of the Research, Engineering and
Development Advisory Committee, to review, comment on, advise on the
progress of, and recommend modifications in, the program established under
subsection (a) of this section, including the need for long-range research pro-
grams to detect and prevent catastrophic damage to commercial aircraft by
the next generation of terrorist weapons. The panel shall consist of individuals
with scientific and technical expertise in—
(1) the development and testing of effective explosive detection systems;
(2) aircraft structure and experimentation to decide on the type and
minimum weights of explosives that an effective technology must be capa-
ble of detecting;
(3) technologies involved in minimizing airframe damage to aircraft
from explosives; and
561
(4) other scientific and technical areas the Administrator considers
appropriate.
§ 44913. Explosive detection
(a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deployment or
purchase of explosive detection equipment under section 108.7(b)(8) or 108.20
of title 14, Code of Federal Regulations, or similar regulation is required only
if the Administrator of the Federal Aviation Administration certifies that the
equipment alone, or as part of an integrated system, can detect under realistic
air carrier operating conditions the amounts, configurations, and types of ex-
plosive material that would likely be used to cause catastrophic damage to
commercial aircraft. The Administrator shall base the certification on the re-
sults of tests conducted under protocols developed in consultation with expert
scientists outside of the Administration. Those tests shall be completed not
later than April 16, 1992.
(2) Before completion of the tests described in paragraph (1) of this sub-
section, but not later than April 16, 1992, the Administrator may require de-
ployment of explosive detection equipment described in paragraph (1) if the
Administrator decides that deployment will enhance aviation security signifi-
cantly. In making that decision, the Administrator shall consider factors such
as the ability of the equipment alone, or as part of an integrated system, to
detect under realistic air carrier operating conditions the amounts, configura-
tions, and types of explosive material that would likely be used to cause cata-
strophic damage to commercial aircraft. The Administrator shall notify the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Public Works and Transportation of the House of Representa-
tives of a deployment decision made under this paragraph.
(3) This subsection does not prohibit the Administrator from purchasing
or deploying explosive detection equipment described in paragraph (1) of this
subsection.
(b) GRANTS.—The Secretary of Transportation may provide grants to con-
tinue the Explosive Detection K-9 Team Training Program to detect explo-
sives at airports and on aircraft.
§ 44914. Airport construction guidelines
In consultation with air carriers, airport authorities, and others the Ad-
ministrator of the Federal Aviation Administration considers appropriate, the
Administrator shall develop guidelines for airport design and construction to
allow for maximum security enhancement. In developing the guidelines, the
Administrator shall consider the results of the assessment carried out under
section 44904(a) of this title.
562
§ 44915. Exemptions
The Administrator of the Federal Aviation Administration may exempt
from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of this
title airports in Alaska served only by air carriers that—
(1) hold certificates issued under section 41102 of this title;
(2) operate aircraft with certificates for a maximum gross takeoff
weight of less than 12,500 pounds; and
(3) board passengers, or load property intended to be carried in an
aircraft cabin, that will be screened under section 44901 of this title at
another airport in Alaska before the passengers board, or the property
is loaded on, an aircraft for a place outside Alaska.
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
§ 44931. Director of Intelligence and Security
(a) ORGANIZATION.—There is in the Office of the Secretary of Transpor-
tation a Director of Intelligence and Security. The Director reports directly
to the Secretary.
(b) DUTIES AND POWERS.—The Director shall—
(1) receive, assess, and distribute intelligence information related to
long-term transportation security;
(2) develop policies, strategies, and plans for dealing with threats to
transportation security;
(3) make other plans related to transportation security, including co-
ordinating countermeasures with appropriate departments, agencies, and
instrumentalities of the United States Government;
(4) serve as the primary liaison of the Secretary to the intelligence
and law enforcement communities; and
(5) carry out other duties and powers the Secretary decides are nec-
essary to ensure, to the extent possible, the security of the traveling pub-
lic.
§ 44932. Assistant Administrator for Civil Aviation Security
(a) ORGANIZATION.—There is an Assistant Administrator for Civil Avia-
tion Security. The Assistant Administrator reports directly to the Adminis-
trator of the Federal Aviation Administration and is subject to the authority
of the Administrator.
(b) DUTIES AND POWERS.—The Assistant Administrator shall—
(1) on a day-to-day basis, manage and provide operational guidance
to the field security resources of the Administration, including Federal
Security Managers as provided by section 44933 of this title;
(2) enforce security-related requirements;
(3) identify the research and development requirements of security-re-
lated activities;
563
(4) inspect security systems;
(5) report information to the Director of Intelligence and Security that
may be necessary to allow the Director to carry out assigned duties and
powers;
(6) assess threats to civil aviation; and
(7) carry out other duties and powers the Administrator considers ap-
propriate.
(c) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECURITY.—
The Assistant Administrator shall review and, as necessary, develop ways to
strengthen air transportation security, including ways—
(1) to strengthen controls over checked baggage in air transportation,
including ways to ensure baggage reconciliation and inspection of items
in passenger baggage that could potentially contain explosive devices;
(2) to strengthen control over individuals having access to aircraft;
(3) to improve testing of security systems;
(4) to ensure the use of the best available x-ray equipment for air
transportation security purposes; and
(5) to strengthen preflight screening of passengers.
§ 44933. Federal Security Managers
(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Administrator
of the Federal Aviation Administration shall establish the position of Federal
Security Manager at each airport in the United States at which the Adminis-
trator decides a Manager is necessary for air transportation security. The Ad-
ministrator shall designate individuals as Managers for, and station those
Managers at, those airports. The Administrator may designate a current field
employee of the Administration as a Manager. A Manager reports directly to
the Assistant Administrator for Civil Aviation Security. The Administrator
shall station an individual as Manager at each airport in the United States
that the Secretary of Transportation designates as a category X airport.
(b) DUTIES AND POWERS.—The Manager at each airport shall—
(1) receive intelligence information related to aviation security;
(2) ensure, and assist in, the development of a comprehensive security
plan for the airport that—
(A) establishes the responsibilities of each air carrier and airport
operator for air transportation security at the airport; and
(B) includes measures to be taken during periods of normal air-
port operations and during periods when the Manager decides that
there is a need for additional airport security, and identifies the in-
dividuals responsible for carrying out those measures;
564
(3) oversee and enforce the carrying out by air carriers and airport
operators of United States Government security requirements, including
the security plan under clause (2) of this subsection;
(4) serve as the on-site coordinator of the Administrator’s response to
terrorist incidents and threats at the airport;
(5) coordinate the day-to-day Government aviation security activities
at the airport;
(6) coordinate efforts related to aviation security with local law en-
forcement; and
(7) coordinate activities with other Managers.
(c) LIMITATION.—A Civil Aviation Security Field Officer may not be as-
signed security duties and powers at an airport having a Manager.
§ 44934. Foreign Security Liaison Officers
(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Administrator
of the Federal Aviation Administration shall establish the position of Foreign
Security Liaison Officer for each airport outside the United States at which
the Administrator decides an Officer is necessary for air transportation secu-
rity. In coordination with the Secretary of State, the Administrator shall des-
ignate an Officer for each of those airports. In coordination with the Sec-
retary, the Administrator shall designate an Officer for each of those airports
where extraordinary security measures are in place. The Secretary shall give
high priority to stationing those Officers.
(b) DUTIES AND POWERS.—An Officer reports directly to the Assistant Ad-
ministrator for Civil Aviation Security. The Officer at each airport shall—
(1) serve as the liaison of the Assistant Administrator to foreign secu-
rity authorities (including governments of foreign countries and foreign
airport authorities) in carrying out United States Government security
requirements at that airport; and
(2) to the extent practicable, carry out duties and powers referred to
in section 44933(b) of this title.
(c) COORDINATION OF ACTIVITIES.—The activities of each Officer shall be
coordinated with the chief of the diplomatic mission of the United States to
which the Officer is assigned. Activities of an Officer under this section shall
be consistent with the duties and powers of the Secretary and the chief of mis-
sion to a foreign country under section 103 of the Omnibus Diplomatic Secu-
rity and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the
Foreign Service Act of 1980 (22 U.S.C. 3927).
§ 44935. Employment standards and training
(a) EMPLOYMENT STANDARDS.—The Administrator of the Federal Aviation
Administration shall prescribe standards for the employment and continued
565
employment of, and contracting for, air carrier personnel and, as appro-
priate, airport security personnel. The standards shall include—
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when appropriate.
(b) REVIEW AND RECOMMENDATIONS.—In coordination with air carriers,
airport operators, and other interested persons, the Administrator shall review
issues related to human performance in the aviation security system to maxi-
mize that performance. When the review is completed, the Administrator shall
recommend guidelines and prescribe appropriate changes in existing proce-
dures to improve that performance.
(c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICATIONS.—
(1) The Administrator—
(A) may train individuals employed to carry out a security program
under section 44903(c) of this title; and
(B) shall prescribe uniform training standards and uniform minimum
qualifications for individuals eligible for that training.
(2) The Administrator may authorize reimbursement for travel, transpor-
tation, and subsistence expenses for security training of non-United States
Government domestic and foreign individuals whose services will contribute
significantly to carrying out civil aviation security programs. To the extent
practicable, air travel reimbursed under this paragraph shall be on air car-
riers.
(d) EDUCATION AND TRAINING STANDARDS FOR SECURITY COORDINATORS,
SUPERVISORY PERSONNEL, AND PILOTS.—(1) The Administrator shall pre-
scribe standards for educating and training—
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security coordinators.
(2) The standards shall include initial training, retraining, and continuing
education requirements and methods. Those requirements and methods shall
be used annually to measure the performance of ground security coordinators
and security supervisory personnel.
§ 44936. Employment investigations and restrictions
(a) EMPLOYMENT INVESTIGATION REQUIREMENT.—(1) The Administrator
of the Federal Aviation Administration shall require by regulation that an
employment investigation, including a criminal history record check, shall be
conducted, as the Administrator decides is necessary to ensure air transpor-
tation security, of each individual employed in, or applying for, a position
566
in which the individual has unescorted access, or may permit other individ-
uals to have unescorted access, to—
(A) aircraft of an air carrier or foreign air carrier; or
(B) a secured area of an airport in the United States the Adminis-
trator designates that serves an air carrier or foreign air carrier.
(2) An air carrier, foreign air carrier, or airport operator that employs,
or authorizes or makes a contract for the services of, an individual in a posi-
tion described in paragraph (1) of this subsection shall ensure that the inves-
tigation the Administrator requires is conducted.
(b) PROHIBITED EMPLOYMENT.—(1) Except as provided in paragraph (3)
of this subsection, an air carrier, foreign air carrier, or airport operator may
not employ, or authorize or make a contract for the services of, an individual
in a position described in subsection (a)(1) of this section if—
(A) the investigation of the individual required under this section has
not been conducted; or
(B) the results of that investigation establish that, in the 10-year pe-
riod ending on the date of the investigation, the individual was convicted
of—
(i) a crime referred to in section 46306, 46308, 46312, 46314, or
46315 or chapter 465 of this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;
(viii) kidnapping;
(ix) unlawful possession, sale, distribution, or manufacture of an
explosive or weapon;
(x) extortion;
(xi) armed robbery;
(xii) distribution of, or intent to distribute, a controlled sub-
stance; or
(xiii) conspiracy to commit any of the acts referred to in clauses
(i)–(xii) of this paragraph.
(2) The Administrator may specify other factors that are sufficient to pro-
hibit the employment of an individual in a position described in subsection
(a)(1) of this section.
(3) An air carrier, foreign air carrier, or airport operator may employ,
or authorize or contract for the services of, an individual in a position de-
scribed in subsection (a)(1) of this section without carrying out the investiga-
567
tion required under this section, if the Administrator approves a plan to em-
ploy the individual that provides alternate security arrangements.
(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If the Ad-
ministrator requires an identification and criminal history record check, to
be conducted by the Attorney General, as part of an investigation under this
section, the Administrator shall designate an individual to obtain fingerprints
and submit those fingerprints to the Attorney General. The Attorney General
may make the results of a check available to an individual the Administrator
designates. Before designating an individual to obtain and submit finger-
prints or receive results of a check, the Administrator shall consult with the
Attorney General.
(2) The Administrator shall prescribe regulations on—
(A) procedures for taking fingerprints; and
(B) requirements for using information received from the Attorney
General under paragraph (1) of this subsection—
(i) to limit the dissemination of the information; and
(ii) to ensure that the information is used only to carry out this
section.
(3) If an identification and criminal history record check is conducted as
part of an investigation of an individual under this section, the individual—
(A) shall receive a copy of any record received from the Attorney Gen-
eral; and
(B) may complete and correct the information contained in the check
before a final employment decision is made based on the check.
(d) FEES AND CHARGES.—The Administrator and the Attorney General
shall establish reasonable fees and charges to pay expenses incurred in carry-
ing out this section. The employer of the individual being investigated shall
pay the costs of a record check of the individual. Money collected under this
section shall be credited to the account in the Treasury from which the ex-
penses were incurred and are available to the Administrator and the Attorney
General for those expenses.
(e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—This sec-
tion does not require an investigation or record check when the investigation
or record check is prohibited by a law of a foreign country.
§ 44937. Prohibition on transferring duties and powers
Except as specifically provided by law, the Administrator of the Federal
Aviation Administration may not transfer a duty or power under section
44903(a), (b), (c), or (e), 44906(a)(1) or (b), 44912, 44935, 44936, or
44938(b)(3) of this title to another department, agency, or instrumentality of
the United States Government.
568
§ 44938. Reports
(a) TRANSPORTATION SECURITY.—Not later than December 31 of each
year, the Secretary of Transportation shall submit to Congress a report on
transportation security with recommendations the Secretary considers appro-
priate. The report shall be prepared in conjunction with the annual report
the Administrator of the Federal Aviation Administration submits under sub-
section (b) of this section, but may not duplicate the information submitted
under subsection (b) or section 44907(a)(3) of this title. The Secretary may
submit the report in classified and unclassified parts. The report shall in-
clude—
(1) an assessment of trends and developments in terrorist activities,
methods, and other threats to transportation;
(2) an evaluation of deployment of explosive detection devices;
(3) recommendations for research, engineering, and development ac-
tivities related to transportation security, except research engineering
and development activities related to aviation security to the extent those
activities are covered by the national aviation research plan required
under section 44501(c) of this title;
(4) identification and evaluation of cooperative efforts with other de-
partments, agencies, and instrumentalities of the United States Govern-
ment;
(5) an evaluation of cooperation with foreign transportation and secu-
rity authorities;
(6) the status of the extent to which the recommendations of the Presi-
dent’s Commission on Aviation Security and Terrorism have been car-
ried out and the reasons for any delay in carrying out those rec-
ommendations;
(7) a summary of the activities of the Director of Intelligence and Se-
curity in the 12-month period ending on the date of the report;
(8) financial and staffing requirements of the Director;
(9) an assessment of financial and staffing requirements, and attain-
ment of existing staffing goals, for carrying out duties and powers of the
Administrator related to security; and
(10) appropriate legislative and regulatory recommendations.
(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.—The
Administrator shall submit annually to Congress a report—
(1) on the effectiveness of procedures under section 44901 of this title;
(2) that includes a summary of the assessments conducted under sec-
tion 44907(a)(1) and (2) of this title; and
(3) that includes an assessment of the steps being taken, and the
progress being made, in ensuring compliance with section 44906 of this
569
title for each foreign air carrier security program at airports outside the
United States—
(A) at which the Administrator decides that Foreign Security Li-
aison Officers are necessary for air transportation security; and
(B) for which extraordinary security measures are in place.
(c) DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.—The Adminis-
trator shall submit to Congress an annual report for each of the calendar
years 1991 and 1992 on the progress being made, and the problems occurring,
in carrying out section 44904 of this title. The report shall include rec-
ommendations for improving domestic air transportation security.
CHAPTER 451—ALCOHOL AND CONTROLLED
SUBSTANCES TESTING
Sec.
45101.
Definition.
45102.
Alcohol and controlled substances testing programs.
45103.
Prohibited service.
45104.
Testing and laboratory requirements.
45105.
Rehabilitation.
45106.
Relationship to other laws, regulations, standards, and orders.
§ 45101. Definition
In this chapter, ‘‘controlled substance’’ means any substance under section
102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 802) specified by the Administrator of the Federal Aviation Ad-
ministration.
§ 45102. Alcohol and controlled substances testing programs
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR CAR-
RIERS.—(1) In the interest of aviation safety, the Administrator of the Fed-
eral Aviation Administration shall prescribe regulations not later than Octo-
ber 28, 1992, that establish a program requiring air carriers and foreign air
carriers to conduct preemployment, reasonable suspicion, random, and post-
accident testing of airmen, crewmembers, airport security screening contract
personnel, and other air carrier employees responsible for safety-sensitive
functions (as decided by the Administrator) for the use of alcohol or a con-
trolled substance in violation of law or a United States Government regula-
tion.
(2) When the Administrator considers it appropriate in the interest of safe-
ty, the Administrator may prescribe regulations for conducting periodic re-
curring testing of airmen, crewmembers, airport security screening contract
personnel, and other air carrier employees responsible for safety-sensitive
functions for the use of alcohol or a controlled substance in violation of law
or a Government regulation.
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRA-
TION.—(1) The Administrator shall establish a program of preemployment,
570
reasonable suspicion, random, and post-accident testing for the use of alcohol
or a controlled substance in violation of law or a Government regulation for
employees of the Administration whose duties include responsibility for safety-
sensitive functions.
(2) When the Administrator considers it appropriate in the interest of safe-
ty, the Administrator may prescribe regulations for conducting periodic re-
curring testing of employees of the Administration responsible for safety-sen-
sitive functions for use of alcohol or a controlled substance in violation of law
or a Government regulation.
(c) SANCTIONS.—In prescribing regulations under the programs required
by this section, the Administrator shall require, as the Administrator consid-
ers appropriate, the suspension or revocation of any certificate issued to an
individual referred to in this section, or the disqualification or dismissal of
the individual, under this chapter when a test conducted and confirmed under
this chapter indicates the individual has used alcohol or a controlled sub-
stance in violation of law or a Government regulation.
§ 45103. Prohibited service
(a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.—An individual
may not use alcohol or a controlled substance after October 28, 1991, in viola-
tion of law or a United States Government regulation and serve as an air-
man, crewmember, airport security screening contract employee, air carrier
employee responsible for safety-sensitive functions (as decided by the Adminis-
trator of the Federal Aviation Administration), or employee of the Adminis-
tration with responsibility for safety-sensitive functions.
(b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwithstanding
subsection (a) of this section, an individual found to have used alcohol or a
controlled substance after October 28, 1991, in violation of law or a Govern-
ment regulation may serve as an airman, crewmember, airport security
screening contract employee, air carrier employee responsible for safety-sen-
sitive functions (as decided by the Administrator), or employee of the Admin-
istration with responsibility for safety-sensitive functions only if the individ-
ual completes a rehabilitation program described in section 45105 of this title.
(c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual who
served as an airman, crewmember, airport security screening contract em-
ployee, air carrier employee responsible for safety-sensitive functions (as de-
cided by the Administrator), or employee of the Administration with respon-
sibility for safety-sensitive functions and who was found by the Administrator
to have used alcohol or a controlled substance after October 28, 1991, in viola-
tion of law or a Government regulation may not carry out the duties related
to air transportation that the individual carried out before the finding of the
Administrator if the individual—
571
(1) used the alcohol or controlled substance when on duty;
(2) began or completed a rehabilitation program described in section
45105 of this title before using the alcohol or controlled substance; or
(3) refuses to begin or complete a rehabilitation program described in
section 45105 of this title after a finding by the Administrator under
this section.
§ 45104. Testing and laboratory requirements
In carrying out section 45102 of this title, the Administrator of the Federal
Aviation Administration shall develop requirements that—
(1) promote, to the maximum extent practicable, individual privacy
in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances,
incorporate the Department of Health and Human Services scientific
and technical guidelines dated April 11, 1988, and any amendments to
those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory con-
trolled substances testing and laboratory procedures to be applied in
carrying out this chapter, including standards requiring the use of
the best available technology to ensure the complete reliability and
accuracy of controlled substances tests and strict procedures govern-
ing the chain of custody of specimens collected for controlled sub-
stances testing;
(B) the minimum list of controlled substances for which individ-
uals may be tested; and
(C) appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certifi-
cation of laboratories to perform controlled substances testing in
carrying out this chapter;
(3) require that a laboratory involved in controlled substances testing
under this chapter have the capability and facility, at the laboratory, of
performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled
substance in violation of law or a United States Government regulation
be confirmed by a scientifically recognized method of testing capable of
providing quantitative information about alcohol or a controlled sub-
stance;
(5) provide that each specimen be subdivided, secured, and labeled in
the presence of the tested individual and that a part of the specimen be
retained in a secure manner to prevent the possibility of tampering, so
that if the individual’s confirmation test results are positive the individ-
ual has an opportunity to have the retained part tested by a 2d con-
572
firmation test done independently at another certified laboratory if the
individual requests the 2d confirmation test not later than 3 days after
being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify
alcohol in breath and body fluid samples, including urine and blood,
through the development of regulations that may be necessary and in
consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical informa-
tion (except information about alcohol or a controlled substance) of em-
ployees, except that this clause does not prevent the use of test results for
the orderly imposition of appropriate sanctions under this chapter; and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
§ 45105. Rehabilitation
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR CAR-
RIERS.—The Administrator of the Federal Aviation Administration shall pre-
scribe regulations establishing requirements for rehabilitation programs that
at least provide for the identification and opportunity for treatment of em-
ployees of air carriers and foreign air carriers referred to in section
45102(a)(1) of this title who need assistance in resolving problems with the
use of alcohol or a controlled substance in violation of law or a United States
Government regulation. Each air carrier and foreign air carrier is encour-
aged to make such a program available to all its employees in addition to
the employees referred to in section 45102(a)(1)(A). The Administrator shall
decide on the circumstances under which employees shall be required to par-
ticipate in a program. This subsection does not prevent an air carrier or for-
eign air carrier from establishing a program under this subsection in coopera-
tion with another air carrier or foreign air carrier.
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRA-
TION.—The Administrator shall establish and maintain a rehabilitation pro-
gram that at least provides for the identification and opportunity for treat-
ment of employees of the Administration whose duties include responsibility
for safety-sensitive functions who need assistance in resolving problems with
the use of alcohol or a controlled substance.
§ 45106. Relationship to other laws, regulations, standards,
and orders
(a) EFFECT ON STATE AND LOCAL GOVERNMENT LAWS, REGULATIONS,
STANDARDS, OR ORDERS.—A State or local government may not prescribe,
issue, or continue in effect a law, regulation, standard, or order that is incon-
sistent with regulations prescribed under this chapter. However, a regulation
573
prescribed under this chapter does not preempt a State criminal law that im-
poses sanctions for reckless conduct leading to loss of life, injury, or damage
to property.
(b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In prescribing
regulations under this chapter, the Administrator of the Federal Aviation Ad-
ministration—
(A) shall establish only requirements applicable to foreign air carriers
that are consistent with international obligations of the United States;
and
(B) shall consider applicable laws and regulations of foreign countries.
(2) The Secretaries of State and Transportation jointly shall request the
governments of foreign countries that are members of the International Civil
Aviation Organization to strengthen and enforce existing standards to pro-
hibit crewmembers in international civil aviation from using alcohol or a
controlled substance in violation of law or a United States Government regu-
lation.
(c) OTHER REGULATIONS ALLOWED.—This section does not prevent the Ad-
ministrator from continuing in effect, amending, or further supplementing a
regulation prescribed before October 28, 1991, governing the use of alcohol or
a controlled substance by airmen, crewmembers, airport security screening
contract employees, air carrier employees responsible for safety-sensitive func-
tions (as decided by the Administrator), or employees of the Administration
with responsibility for safety-sensitive functions.
CHAPTER 453—FEES
Sec.
45301.
Authority to impose fees.
45302.
Fees involving aircraft not providing air transportation.
45303.
Maximum fees for private person services.
§ 45301. Authority to impose fees
(a) GENERAL AUTHORITY.—The Secretary of Transportation may impose
a fee for an approval, test, authorization, certificate, permit, registration,
transfer, or rating related to aviation that has not been approved by Congress
only when the fee—
(1)(A) was in effect on January 1, 1973; and
(B) is not more than the fee in effect on January 1, 1973, adjusted
in proportion to changes in the Consumer Price Index of All Urban Con-
sumers published by the Secretary of Labor between January 1, 1973,
and the date the fee is imposed; or
(2) is imposed under section 45302 of this title.
(b) NONAPPLICATION.—This section does not apply to a fee for a test, au-
thorization, certificate, permit, or rating related to an airman or repair sta-
tion administered or issued outside the United States.
574
§ 45302. Fees involving aircraft not providing air transpor-
tation
(a) APPLICATION.—This section applies only to aircraft not used to provide
air transportation.
(b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Administrator of the
Federal Aviation Administration may impose fees to pay for the costs of issu-
ing airman certificates to pilots and certificates of registration of aircraft and
processing forms for major repairs and alterations of fuel tanks and fuel sys-
tems of aircraft. The following fees may not be more than the amounts speci-
fied:
(1) $12 for issuing an airman’s certificate to a pilot.
(2) $25 for registering an aircraft after the transfer of ownership.
(3) $15 for renewing an aircraft registration.
(4) $7.50 for processing a form for a major repair or alteration of a
fuel tank or fuel system of an aircraft.
(c) ADJUSTMENTS.—The Administrator shall adjust the maximum fees es-
tablished by subsection (b) of this section for changes in the Consumer Price
Index of All Urban Consumers published by the Secretary of Labor.
(d) CREDIT TO ACCOUNT AND AVAILABILITY.—Money collected from fees
imposed under this section shall be credited to the account in the Treasury
from which the Administrator incurs expenses in carrying out chapter 441
and sections 44701–44716 of this title (except sections 44701(c), 44703(f)(2),
and 44713(d)(2)). The money is available to the Administrator to pay ex-
penses for which the fees are collected.
§ 45303. Maximum fees for private person services
The Administrator of the Federal Aviation Administration may establish
maximum fees that private persons may charge for services performed under
a delegation to the person under section 44702(d) of this title.
SUBPART IV—ENFORCEMENT AND PENALTIES
CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS
Sec.
46101.
Complaints and investigations.
46102.
Proceedings.
46103.
Service of notice, process, and actions.
46104.
Evidence.
46105.
Regulations and orders.
46106.
Enforcement by the Secretary of Transportation and Administrator of the Federal Avia-
tion Administration.
46107.
Enforcement by the Attorney General.
46108.
Enforcement of certificate requirements by interested persons.
46109.
Joinder and intervention.
46110.
Judicial review.
§ 46101. Complaints and investigations
(a) GENERAL.—(1) A person may file a complaint in writing with the Sec-
retary of Transportation (or the Administrator of the Federal Aviation Ad-
575
ministration with respect to aviation safety duties and powers designated to
be carried out by the Administrator) about a person violating this part or
a requirement prescribed under this part. Except as provided in subsection
(b) of this section, the Secretary or Administrator shall investigate the com-
plaint if a reasonable ground appears to the Secretary or Administrator for
the investigation.
(2) On the initiative of the Secretary of Transportation or the Adminis-
trator, as appropriate, the Secretary or Administrator may conduct an inves-
tigation, if a reasonable ground appears to the Secretary or Administrator
for the investigation, about—
(A) a person violating this part or a requirement prescribed under
this part; or
(B) any question that may arise under this part.
(3) The Secretary of Transportation or Administrator may dismiss a com-
plaint without a hearing when the Secretary or Administrator is of the opin-
ion that the complaint does not state facts that warrant an investigation or
action.
(4) After notice and an opportunity for a hearing and subject to section
40105(b) of this title, the Secretary of Transportation or Administrator shall
issue an order to compel compliance with this part if the Secretary or Admin-
istrator finds in an investigation under this subsection that a person is vio-
lating this part.
(b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The Secretary
of Transportation or Administrator shall refer a complaint against a member
of the armed forces of the United States performing official duties to the Sec-
retary of the department concerned for action. Not later than 90 days after
receiving the complaint, the Secretary of that department shall inform the
Secretary of Transportation or Administrator of the action taken on the com-
plaint, including any corrective or disciplinary action taken.
§ 46102. Proceedings
(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of chapter 5 of
title 5, the Secretary of Transportation (or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties and powers
designated to be carried out by the Administrator) may conduct proceedings
in a way conducive to justice and the proper dispatch of business.
(b) APPEARANCE.—A person may appear and be heard before the Secretary
and the Administrator in person or by an attorney. The Secretary may ap-
pear and participate as an interested party in a proceeding the Adminis-
trator conducts under section 40113(a) of this title.
(c) RECORDING AND PUBLIC ACCESS.—Official action taken by the Sec-
retary and Administrator under this part shall be recorded. Proceedings be-
576
fore the Secretary and Administrator shall be open to the public on the re-
quest of an interested party unless the Secretary or Administrator decides
that secrecy is required because of national defense.
(d) CONFLICTS OF INTEREST.—The Secretary, the Administrator, or an of-
ficer or employee of the Administration may not participate in a proceeding
referred to in subsection (a) of this section in which the individual has a pe-
cuniary interest.
§ 46103. Service of notice, process, and actions
(a) DESIGNATING AGENTS.—(1) Each air carrier and foreign air carrier
shall designate an agent on whom service of notice and process in a proceed-
ing before, and an action of, the Secretary of Transportation (or the Adminis-
trator of the Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the Administrator) may
be made.
(2) The designation—
(A) shall be in writing and filed with the Secretary or Administrator;
and
(B) may be changed in the same way as originally made.
(b) SERVICE.—(1) Service may be made—
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the person to be served or the
designated agent of the person.
(2) The date of service made by certified or registered mail is the date of
mailing.
(c) SERVING AGENTS.—Service on an agent designated under this section
shall be made at the office or usual place of residence of the agent. If an air
carrier or foreign air carrier does not have a designated agent, service may
be made by posting the notice, process, or action in the office of the Secretary
or Administrator.
§ 46104. Evidence
(a) GENERAL.—In conducting a hearing or investigation under this part,
the Secretary of Transportation (or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and powers designated
to be carried out by the Administrator) may—
(1) subpena witnesses and records related to a matter involved in the
hearing or investigation from any place in the United States to the des-
ignated place of the hearing or investigation;
(2) administer oaths;
(3) examine witnesses; and
577
(4) receive evidence at a place in the United States the Secretary or
Administrator designates.
(b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the
Secretary, the Administrator, or a party to a proceeding before the Secretary
or Administrator may petition a court of the United States to enforce the sub-
pena. A judicial proceeding to enforce a subpena under this section may be
brought in the jurisdiction in which the proceeding or investigation is con-
ducted. The court may punish a failure to obey an order of the court to com-
ply with the subpena as a contempt of court.
(c) DEPOSITIONS.—(1) In a proceeding or investigation, the Secretary or
Administrator may order a person to give testimony by deposition and to
produce records. If a person fails to be deposed or to produce records, the
order may be enforced in the same way a subpena may be enforced under
subsection (b) of this section.
(2) A deposition may be taken before an individual designated by the Sec-
retary or Administrator and having the power to administer oaths.
(3) Before taking a deposition, the party or the attorney of the party pro-
posing to take the deposition must give reasonable notice in writing to the
opposing party or the attorney of record of that party. The notice shall state
the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be under
oath. The person taking the deposition shall prepare, or cause to be prepared,
a transcript of the testimony taken. The transcript shall be subscribed by the
deponent. Each deposition shall be filed promptly with the Secretary or Ad-
ministrator.
(5) If the laws of a foreign country allow, the testimony of a witness in
that country may be taken by deposition—
(A) by a consular officer or an individual commissioned by the Sec-
retary or Administrator or agreed on by the parties by written stipula-
tion filed with the Secretary or Administrator; or
(B) under letters rogatory issued by a court of competent jurisdiction
at the request of the Secretary or Administrator.
(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY EX-
PENSES.—A witness summoned before the Secretary or Administrator or
whose deposition is taken under this section and the individual taking the
deposition are each entitled to the same fee and mileage that the witness and
individual would have been paid for those services in a court of the United
States. Under regulations of the Secretary or Administrator, the Secretary or
Administrator shall pay the necessary expenses incident to executing, in an-
other country, a commission or letter rogatory issued at the initiative of the
Secretary or Administrator.
578
(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When designated
by the Secretary or Administrator, an employee appointed under section 3105
of title 5 may conduct a hearing, subpena witnesses, administer oaths, exam-
ine witnesses, and receive evidence at a place in the United States the Sec-
retary or Administrator designates. On request of a party, the Secretary or
Administrator shall hear or receive argument.
§ 46105. Regulations and orders
(a) EFFECTIVENESS OF ORDERS.—Except as provided in this part, a regu-
lation prescribed or order issued by the Secretary of Transportation (or the
Administrator of the Federal Aviation Administration with respect to avia-
tion safety duties and powers designated to be carried out by the Adminis-
trator) takes effect within a reasonable time prescribed by the Secretary or
Administrator. The regulation or order remains in effect under its own terms
or until superseded. Except as provided in this part, the Secretary or Admin-
istrator may amend, modify, or suspend an order in the way, and by giving
the notice, the Secretary or Administrator decides.
(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Secretary or
Administrator shall include the findings of fact on which the order is based
and shall be served on the parties to the proceeding and the persons affected
by the order.
(c) EMERGENCIES.—When the Administrator is of the opinion that an
emergency exists related to safety in air commerce and requires immediate
action, the Administrator, on the initiative of the Administrator or on com-
plaint, may prescribe regulations and issue orders immediately to meet the
emergency, with or without notice and without regard to this part and sub-
chapter II of chapter 5 of title 5. The Administrator shall begin a proceeding
immediately about an emergency under this subsection and give preference,
when practicable, to the proceeding.
§ 46106. Enforcement by the Secretary of Transportation and
Administrator of the Federal Aviation Administra-
tion
The Secretary of Transportation (or the Administrator of the Federal Avia-
tion Administration with respect to aviation safety duties and powers des-
ignated to be carried out by the Administrator) may bring a civil action
against a person in a district court of the United States to enforce this part
or a requirement or regulation prescribed, or an order or any term of a cer-
tificate or permit issued, under this part. The action may be brought in the
judicial district in which the person does business or the violation occurred.
§ 46107. Enforcement by the Attorney General
(a) CIVIL ACTIONS TO ENFORCE SECTION 40106(b).—The Attorney Gen-
eral may bring a civil action in a district court of the United States against
579
a person to enforce section 40106(b) of this title. The action may be brought
in the judicial district in which the person does business or the violation oc-
curred.
(b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1) On request of the Sec-
retary of Transportation (or the Administrator of the Federal Aviation Ad-
ministration with respect to aviation safety duties and powers designated to
be carried out by the Administrator), the Attorney General may bring a civil
action in an appropriate court—
(A) to enforce this part or a requirement or regulation prescribed, or
an order or any term of a certificate or permit issued, under this part;
and
(B) to prosecute a person violating this part or a requirement or regu-
lation prescribed, or an order or any term of a certificate or permit is-
sued, under this part.
(2) The costs and expenses of a civil action shall be paid out of the appro-
priations for the expenses of the courts of the United States.
(c) PARTICIPATION OF SECRETARY OR ADMINISTRATOR.—On request of the
Attorney General, the Secretary or Administrator, as appropriate, may par-
ticipate in a civil action under this part.
§ 46108. Enforcement of certificate requirements by inter-
ested persons
An interested person may bring a civil action in a district court of the
United States against a person to enforce section 41101(a)(1) of this title. The
action may be brought in the judicial district in which the defendant does
business or the violation occurred.
§ 46109. Joinder and intervention
A person interested in or affected by a matter under consideration in a
proceeding before the Secretary of Transportation or civil action to enforce
this part or a requirement or regulation prescribed, or an order or any term
of a certificate or permit issued, under this part may be joined as a party
or permitted to intervene in the proceeding or civil action.
§ 46110. Judicial review
(a) FILING AND VENUE.—Except for an order related to a foreign air car-
rier subject to disapproval by the President under section 41307 or 41509(f)
of this title, a person disclosing a substantial interest in an order issued by
the Secretary of Transportation (or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and powers designated
to be carried out by the Administrator) under this part may apply for review
of the order by filing a petition for review in the United States Court of Ap-
peals for the District of Columbia Circuit or in the court of appeals of the
United States for the circuit in which the person resides or has its principal
580
place of business. The petition must be filed not later than 60 days after the
order is issued. The court may allow the petition to be filed after the 60th
day only if there are reasonable grounds for not filing by the 60th day.
(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection (a)
of this section, the clerk of the court immediately shall send a copy of the peti-
tion to the Secretary or Administrator, as appropriate. The Secretary or Ad-
ministrator shall file with the court a record of any proceeding in which the
order was issued, as provided in section 2112 of title 28.
(c) AUTHORITY OF COURT.—When the petition is sent to the Secretary or
Administrator, the court has exclusive jurisdiction to affirm, amend, modify,
or set aside any part of the order and may order the Secretary or Adminis-
trator to conduct further proceedings. After reasonable notice to the Secretary
or Administrator, the court may grant interim relief by staying the order or
taking other appropriate action when good cause for its action exists. Find-
ings of fact by the Secretary or Administrator, if supported by substantial
evidence, are conclusive.
(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order under
this section, the court may consider an objection to an order of the Secretary
or Administrator only if the objection was made in the proceeding conducted
by the Secretary or Administrator or if there was a reasonable ground for
not making the objection in the proceeding.
(e) SUPREME COURT REVIEW.—A decision by a court under this section
may be reviewed only by the Supreme Court under section 1254 of title 28.
CHAPTER 463—PENALTIES
Sec.
46301.
Civil penalties.
46302.
False information.
46303.
Carrying a weapon.
46304.
Liens on aircraft.
46305.
Actions to recover civil penalties.
46306.
Registration violations involving aircraft not providing air transportation.
46307.
Violation of national defense airspace.
46308.
Interference with air navigation.
46309.
Concession and price violations.
46310.
Reporting and recordkeeping violations.
46311.
Unlawful disclosure of information.
46312.
Transporting hazardous material.
46313.
Refusing to appear or produce records.
46314.
Entering aircraft or airport area in violation of security requirements.
46315.
Lighting violations involving transporting controlled substances by aircraft not provid-
ing air transportation.
46316.
General criminal penalty when specific penalty not provided.
§ 46301. Civil penalties
(a) GENERAL PENALTY.—(1) A person is liable to the United States Gov-
ernment for a civil penalty of not more than $1,000 for violating—
(A) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and
40117), chapter 411, section 41301–41306, 41308–41310(a), 41501,
581
41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,
41712, or 41731–41742, chapter 419, subchapter II of chapter 421, chap-
ter 441 (except section 44109), or section 44701(a) or (b), 44702–44716,
44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–
44915, 44932–44938, 46302, or 46303 of this title;
(B) a regulation prescribed or order issued under any provision to
which clause (A) of this paragraph applies;
(C) any term of a certificate or permit issued under section 41102,
41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service under this part.
(2) A person operating an aircraft for the transportation of passengers or
property for compensation (except an airman serving as an airman) is liable
to the Government for a civil penalty of not more than $10,000 for violat-
ing—
(A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b),
40116, and 40117) or section 44701(a) or (b), 44702–44716, 44901,
44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938 of this
title; or
(B) a regulation prescribed or order issued under any provision to
which clause (A) of this paragraph applies.
(3) A civil penalty of not more than $10,000 may be imposed for each vio-
lation under paragraph (1) of this subsection related to—
(A) the transportation of hazardous material; or
(B) the registration or recordation under chapter 441 of this title of an
aircraft not used to provide air transportation.
(4) A separate violation occurs under this subsection for each day the viola-
tion continues or, if applicable, for each flight involving the violation.
(b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not tamper
with, disable, or destroy a smoke alarm device located in a lavatory on an
aircraft providing air transportation or intrastate air transportation.
(2) An individual violating this subsection is liable to the Government for
a civil penalty of not more than $2,000.
(c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of Transportation
may impose a civil penalty for the following violations only after notice and
an opportunity for a hearing:
(A) a violation of subsection (b) of this section or chapter 411, section
41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510,
41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,
chapter 419, or subchapter II of chapter 421 of this title.
(B) a violation of a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph applies.
582
(C) a violation of any term of a certificate or permit issued under sec-
tion 41102, 41103, or 41302 of this title.
(D) a violation under subsection (a)(1) of this section related to the
transportation of hazardous material.
(2) The Secretary shall give written notice of the finding of a violation and
the civil penalty under paragraph (1) of this subsection.
(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) In this subsection—
(A) ‘‘flight engineer’’ means an individual who holds a flight engineer
certificate issued under part 63 of title 14, Code of Federal Regulations.
(B) ‘‘mechanic’’ means an individual who holds a mechanic certificate
issued under part 65 of title 14, Code of Federal Regulations.
(C) ‘‘pilot’’ means an individual who holds a pilot certificate issued
under part 61 of title 14, Code of Federal Regulations.
(D) ‘‘repairman’’ means an individual who holds a repairman certifi-
cate issued under part 65 of title 14, Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration may impose
a civil penalty for a violation of chapter 401 (except sections 40103(a) and
(d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section 44109),
or section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905,
44906, 44907(d)(1)(B), 44912–44915, 44932–44938, 46302, or 46303 of this
title or a regulation prescribed or order issued under any of those provisions.
The Administrator shall give written notice of the finding of a violation and
the penalty.
(3) In a civil action to collect a civil penalty imposed by the Administrator
under this subsection, the issues of liability and the amount of the penalty
may not be reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the district courts of
the United States have exclusive jurisdiction of a civil action involving a pen-
alty the Administrator initiates if—
(A) the amount in controversy is more than $50,000;
(B) the action is in rem or another action in rem based on the same
violation has been brought;
(C) the action involves an aircraft subject to a lien that has been
seized by the Government; or
(D) another action has been brought for an injunction based on the
same violation.
(5)(A) The Administrator may issue an order imposing a penalty under
this subsection against an individual acting as a pilot, flight engineer, me-
chanic, or repairman only after advising the individual of the charges or any
reason the Administrator relied on for the proposed penalty and providing
583
the individual an opportunity to answer the charges and be heard about why
the order shall not be issued.
(B) An individual acting as a pilot, flight engineer, mechanic, or repair-
man may appeal an order imposing a penalty under this subsection to the
National Transportation Safety Board. After notice and an opportunity for
a hearing on the record, the Board shall affirm, modify, or reverse the order.
The Board may modify a civil penalty imposed to a suspension or revocation
of a certificate.
(C) When conducting a hearing under this paragraph, the Board is not
bound by findings of fact of the Administrator but is bound by all validly
adopted interpretations of laws and regulations the Administrator carries out
and of written agency policy guidance available to the public related to sanc-
tions to be imposed under this section unless the Board finds an interpreta-
tion is arbitrary, capricious, or otherwise not according to law.
(D) When an individual files an appeal with the Board under this para-
graph, the order of the Administrator is stayed.
(6) An individual substantially affected by an order of the Board under
paragraph (5) of this subsection, or the Administrator when the Adminis-
trator decides that an order of the Board under paragraph (5) will have a
significant adverse impact on carrying out this part, may obtain judicial re-
view of the order under section 46110 of this title. The Administrator shall
be made a party to the judicial review proceedings. Findings of fact of the
Board are conclusive if supported by substantial evidence.
(7)(A) The Administrator may impose a penalty on an individual (except
an individual acting as a pilot, flight engineer, mechanic, or repairman) only
after notice and an opportunity for a hearing on the record.
(B) In an appeal from a decision of an administrative law judge as the
result of a hearing under subparagraph (A) of this paragraph, the Adminis-
trator shall consider only whether—
(i) each finding of fact is supported by a preponderance of reliable,
probative, and substantial evidence;
(ii) each conclusion of law is made according to applicable law, prece-
dent, and public policy; and
(iii) the judge committed a prejudicial error that supports the appeal.
(C) Except for good cause, a civil action involving a penalty under this
paragraph may not be initiated later than 2 years after the violation occurs.
(8) The maximum civil penalty the Administrator or Board may impose
under this subsection is $50,000.
(9) This subsection applies only to a violation occurring after August 25,
1992.
584
(e) PENALTY CONSIDERATIONS.—In determining the amount of a civil pen-
alty under subsection (a)(3) of this section related to transportation of haz-
ardous material, the Secretary shall consider—
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(3) other matters that justice requires.
(f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may compromise the
amount of a civil penalty imposed for violating—
(i) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and
40117), chapter 441 (except section 44109), or section 44701(a) or (b),
44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B),
44912–44915, or 44932–44938 of this title; or
(ii) a regulation prescribed or order issued under any provision to
which clause (i) of this subparagraph applies.
(B) The Postal Service may compromise the amount of a civil penalty im-
posed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty imposed or
compromised under this subsection from amounts it owes the person liable for
the penalty.
(g) JUDICIAL REVIEW.—An order of the Secretary imposing a civil penalty
may be reviewed judicially only under section 46110 of this title.
(h) NONAPPLICATION.—(1) This section does not apply to the following
when performing official duties:
(A) a member of the armed forces of the United States.
(B) a civilian employee of the Department of Defense subject to the
Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for taking necessary
disciplinary action and submitting to the Secretary (or the Administrator
with respect to aviation safety duties and powers designated to be carried out
by the Administrator) a timely report on action taken.
§ 46302. False information
(a) CIVIL PENALTY.—A person that, knowing the information to be false,
gives, or causes to be given, under circumstances in which the information
reasonably may be believed, false information about an alleged attempt being
made or to be made to do an act that would violate section 46502(a), 46504,
46505, or 46506 of this title, is liable to the United States Government for
a civil penalty of not more than $10,000 for each violation.
585
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation may
compromise the amount of a civil penalty imposed under subsection (a) of
this section.
(2) The Government may deduct the amount of a civil penalty imposed or
compromised under this section from amounts it owes the person liable for
the penalty.
§ 46303. Carrying a weapon
(a) CIVIL PENALTY.—An individual who, when on, or attempting to board,
an aircraft in, or intended for operation in, air transportation or intrastate
air transportation, has on or about the individual or the property of the indi-
vidual a concealed dangerous weapon that is or would be accessible to the in-
dividual in flight is liable to the United States Government for a civil penalty
of not more than $10,000 for each violation.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation may
compromise the amount of a civil penalty imposed under subsection (a) of
this section.
(2) The Government may deduct the amount of a civil penalty imposed or
compromised under this section from amounts it owes the individual liable
for the penalty.
(c) NONAPPLICATION.—This section does not apply to—
(1) a law enforcement officer of a State or political subdivision of a
State, or an officer or employee of the Government, authorized to carry
arms in an official capacity; or
(2) another individual the Administrator of the Federal Aviation Ad-
ministration by regulation authorizes to carry arms in an official capac-
ity.
§ 46304. Liens on aircraft
(a) AIRCRAFT SUBJECT TO LIENS.—When an aircraft is involved in a vio-
lation referred to in section 46301(a)(1)(A)–(C), (2), or (3) of this title and
the violation is by the owner of, or individual commanding, the aircraft, the
aircraft is subject to a lien for the civil penalty.
(b) SEIZURE.—An aircraft subject to a lien under this section may be
seized summarily and placed in the custody of a person authorized to take
custody of it under regulations of the Secretary of Transportation (or the Ad-
ministrator of the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the Administrator).
A report on the seizure shall be submitted to the Attorney General. The Attor-
ney General promptly shall bring a civil action in rem to enforce the lien
or notify the Secretary or Administrator that the action will not be brought.
(c) RELEASE.—An aircraft seized under subsection (b) of this section shall
be released from custody when—
586
(1) the civil penalty is paid;
(2) a compromise amount agreed on is paid;
(3) the aircraft is seized under a civil action in rem to enforce the
lien;
(4) the Attorney General gives notice that a civil action will not be
brought under subsection (b) of this section; or
(5) a bond (in an amount and with a surety the Secretary or Admin-
istrator prescribes), conditioned on payment of the penalty or com-
promise, is deposited with the Secretary or Administrator.
§ 46305. Actions to recover civil penalties
A civil penalty under this chapter may be collected by bringing a civil ac-
tion against the person subject to the penalty, a civil action in rem against
an aircraft subject to a lien for a penalty, or both. The action shall conform
as nearly as practicable to a civil action in admiralty, regardless of the place
an aircraft in a civil action in rem is seized. However, a party may demand
a jury trial of an issue of fact in an action involving a civil penalty under
this chapter (except a penalty imposed by the Secretary of Transportation
that formerly was imposed by the Civil Aeronautics Board) if the value of
the matter in controversy is more than $20. Issues of fact tried by a jury
may be reexamined only under common law rules.
§ 46306. Registration violations involving aircraft not pro-
viding air transportation
(a) APPLICATION.—This section applies only to aircraft not used to provide
air transportation.
(b) GENERAL CRIMINAL PENALTY.—Except as provided by subsection (c)
of this section, a person shall be fined under title 18, imprisoned for not more
than 3 years, or both, if the person—
(1) knowingly and willfully forges or alters a certificate authorized to
be issued under this part;
(2) knowingly sells, uses, attempts to use, or possesses with the intent
to use, such a certificate;
(3) knowingly and willfully displays or causes to be displayed on an
aircraft a mark that is false or misleading about the nationality or reg-
istration of the aircraft;
(4) obtains a certificate authorized to be issued under this part by
knowingly and willfully falsifying or concealing a material fact, making
a false, fictitious, or fraudulent statement, or making or using a false
document knowing it contains a false, fictitious, or fraudulent statement
or entry;
587
(5) owns an aircraft eligible for registration under section 44102 of
this title and knowingly and willfully operates, attempts to operate, or
allows another person to operate the aircraft when—
(A) the aircraft is not registered under section 44103 of this title
or the certificate of registration is suspended or revoked; or
(B) the owner knows or has reason to know that the other person
does not have proper authorization to operate or navigate the air-
craft without registration for a period of time after transfer of own-
ership;
(6) knowingly and willfully operates or attempts to operate an air-
craft eligible for registration under section 44102 of this title knowing
that—
(A) the aircraft is not registered under section 44103 of this title;
(B) the certificate of registration is suspended or revoked; or
(C) the person does not have proper authorization to operate or
navigate the aircraft without registration for a period of time after
transfer of ownership;
(7) knowingly and willfully serves or attempts to serve in any capac-
ity as an airman without an airman’s certificate authorizing the indi-
vidual to serve in that capacity;
(8) knowingly and willfully employs for service or uses in any capac-
ity as an airman an individual who does not have an airman’s certifi-
cate authorizing the individual to serve in that capacity; or
(9) operates an aircraft with a fuel tank or fuel system that has been
installed or modified knowing that the tank, system, installation, or
modification does not comply with regulations and requirements of the
Administrator of the Federal Aviation Administration.
(c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—(1) In this subsection,
‘‘controlled substance’’ has the same meaning given that term in section 102
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 802).
(2) A person violating subsection (b) of this section shall be fined under
title 18, imprisoned for not more than 5 years, or both, if the violation is
related to transporting a controlled substance by aircraft or aiding or facili-
tating a controlled substance violation and the transporting, aiding, or facili-
tating—
(A) is punishable by death or imprisonment of more than one year
under a law of the United States or a State; or
(B) provided is related to an act punishable by death or imprisonment
for more than one year under a law of the United States or a State re-
588
lated to a controlled substance (except a law related to simple possession
of a controlled substance).
(3) A term of imprisonment imposed under paragraph (2) of this sub-
section shall be served in addition to, and not concurrently with, any other
term of imprisonment imposed on the individual.
(d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug Enforce-
ment or the Commissioner of Customs may seize and forfeit under the customs
laws an aircraft whose use is related to a violation of subsection (b) of this
section, or to aid or facilitate a violation, regardless of whether a person is
charged with the violation.
(2) An aircraft’s use is presumed to have been related to a violation of,
or to aid or facilitate a violation of—
(A) subsection (b)(1) of this section if the aircraft certificate of reg-
istration has been forged or altered;
(B) subsection (b)(3) of this section if there is an external display of
false or misleading registration numbers or country of registration;
(C) subsection (b)(4) of this section if—
(i) the aircraft is registered to a false or fictitious person; or
(ii) the application form used to obtain the aircraft certificate of
registration contains a material false statement;
(D) subsection (b)(5) of this section if the aircraft was operated when
it was not registered under section 44103 of this title; or
(E) subsection (b)(9) of this section if the aircraft has a fuel tank or
fuel system that was installed or altered—
(i) in violation of a regulation or requirement of the Adminis-
trator of the Federal Aviation Administration; or
(ii) if a certificate required to be issued for the installation or
alteration is not carried on the aircraft.
(3) The Administrator of the Federal Aviation Administration, the Admin-
istrator of Drug Enforcement, and the Commissioner shall agree to a memo-
randum of understanding to establish procedures to carry out this subsection.
(e) RELATIONSHIP TO STATE LAWS.—This part does not prevent a State
from establishing a criminal penalty, including providing for forfeiture and
seizure of aircraft, for a person that—
(1) knowingly and willfully forges or alters an aircraft certificate of
registration;
(2) knowingly sells, uses, attempts to use, or possesses with the intent
to use, a fraudulent aircraft certificate of registration;
(3) knowingly and willfully displays or causes to be displayed on an
aircraft a mark that is false or misleading about the nationality or reg-
istration of the aircraft; or
589
(4) obtains an aircraft certificate of registration from the Adminis-
trator of the Federal Aviation Administration by—
(A) knowingly and willfully falsifying or concealing a material
fact;
(B) making a false, fictitious, or fraudulent statement; or
(C) making or using a false document knowing it contains a
false, fictitious, or fraudulent statement or entry.
§ 46307. Violation of national defense airspace
A person that knowingly or willfully violates section 40103(b)(3) of this
title or a regulation prescribed or order issued under section 40103(b)(3) shall
be fined under title 18, imprisoned for not more than one year, or both.
§ 46308. Interference with air navigation
A person shall be fined under title 18, imprisoned for not more than 5
years, or both, if the person—
(1) with intent to interfere with air navigation in the United States,
exhibits in the United States a light or signal at a place or in a way
likely to be mistaken for a true light or signal established under this part
or for a true light or signal used at an air navigation facility;
(2) after a warning from the Administrator of the Federal Aviation
Administration, continues to maintain a misleading light or signal; or
(3) knowingly interferes with the operation of a true light or signal.
§ 46309. Concession and price violations
(a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR HELPING
TO OBTAIN CONCESSIONS AND LOWER PRICES.—An air carrier, foreign air
carrier, ticket agent, or officer, agent, or employee of an air carrier, foreign
air carrier, or ticket agent shall be fined under title 18 if the air carrier,
foreign air carrier, ticket agent, officer, agent, or employee—
(1) knowingly and willfully offers, grants, or gives, or causes to be of-
fered, granted, or given, a rebate or other concession in violation of this
part; or
(2) by any means knowingly and willfully assists, or willingly allows,
a person to obtain transportation or services subject to this part at less
than the price lawfully in effect.
(b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES, AND FA-
CILITIES.—A person shall be fined under title 18 if the person by any
means—
(1) knowingly and willfully solicits, accepts, or receives a rebate of a
part of a price lawfully in effect for the foreign air transportation of
property, or a service related to the foreign air transportation; or
(2) knowingly solicits, accepts, or receives a privilege or facility relat-
ed to a matter the Secretary of Transportation requires be specified in
590
a currently effective tariff applicable to the foreign air transportation of
property.
§ 46310. Reporting and recordkeeping violations
(a) GENERAL CRIMINAL PENALTY.—An air carrier or an officer, agent, or
employee of an air carrier shall be fined under title 18 for intentionally—
(1) failing to make a report or keep a record under this part;
(2) falsifying, mutilating, or altering a report or record under this
part; or
(3) filing a false report or record under this part.
(b) SAFETY REGULATION CRIMINAL PENALTY.—An air carrier or an offi-
cer, agent, or employee of an air carrier shall be fined under title 18, impris-
oned for not more than 5 years, or both, for intentionally falsifying or con-
cealing a material fact, or inducing reliance on a false statement of material
fact, in a report or record under section 44701(a) or (b) or 44702–44716 of
this title.
§ 46311. Unlawful disclosure of information
(a) CRIMINAL PENALTY.—The Secretary of Transportation, the Adminis-
trator of the Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the Administrator, or an
officer or employee of the Secretary or Administrator shall be fined under title
18, imprisoned for not more than 2 years, or both, if the Secretary, Adminis-
trator, officer, or employee knowingly and willfully discloses information
that—
(1) the Secretary, Administrator, officer, or employee acquires when
inspecting the records of an air carrier; or
(2) is withheld from public disclosure under section 40115 of this title.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply if—
(1) the officer or employee is directed by the Secretary or Adminis-
trator to disclose information that the Secretary or Administrator had
ordered withheld; or
(2) the Secretary, Administrator, officer, or employee is directed by a
court of competent jurisdiction to disclose the information.
(c) WITHHOLDING INFORMATION FROM CONGRESS.—This section does not
authorize the Secretary or Administrator to withhold information from a
committee of Congress authorized to have the information.
§ 46312. Transporting hazardous material
A person shall be fined under title 18, imprisoned for not more than 5
years, or both, if the person, in violation of a regulation or requirement relat-
ed to the transportation of hazardous material prescribed by the Secretary of
Transportation under this part—
591
(1) willfully delivers, or causes to be delivered, property containing
hazardous material to an air carrier or to an operator of a civil aircraft
for transportation in air commerce; or
(2) recklessly causes the transportation in air commerce of the prop-
erty.
§ 46313. Refusing to appear or produce records
A person not obeying a subpena or requirement of the Secretary of Trans-
portation (or the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be carried out by
the Administrator) to appear and testify or produce records shall be fined
under title 18, imprisoned for not more than one year, or both.
§ 46314. Entering aircraft or airport area in violation of se-
curity requirements
(a) PROHIBITION.—A person may not knowingly and willfully enter, in
violation of security requirements prescribed under section 44901, 44903(b)
or (c), or 44906 of this title, an aircraft or an airport area that serves an
air carrier or foreign air carrier.
(b) CRIMINAL PENALTY.—(1) A person violating subsection (a) of this sec-
tion shall be fined under title 18, imprisoned for not more than one year,
or both.
(2) A person violating subsection (a) of this section with intent to commit,
in the aircraft or airport area, a felony under a law of the United States
or a State shall be fined under title 18, imprisoned for not more than 10
years, or both.
§ 46315. Lighting violations involving transporting con-
trolled substances by aircraft not providing air
transportation
(a) APPLICATION.—This section applies only to aircraft not used to provide
air transportation.
(b) CRIMINAL PENALTY.—A person shall be fined under title 18, impris-
oned for not more than 5 years, or both, if—
(1) the person knowingly and willfully operates an aircraft in viola-
tion of a regulation or requirement of the Administrator of the Federal
Aviation Administration related to the display of navigation or anti-
collision lights;
(2) the person is knowingly transporting a controlled substance by air-
craft or aiding or facilitating a controlled substance offense; and
(3) the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment for more than one
year under a law of the United States or a State; or
592
(B) is provided in connection with an act punishable by death
or imprisonment for more than one year under a law of the United
States or a State related to a controlled substance (except a law re-
lated to simple possession of a controlled substance).
§ 46316. General criminal penalty when specific penalty not
provided
(a) CRIMINAL PENALTY.—Except as provided by subsection (b) of this sec-
tion, when another criminal penalty is not provided under this chapter, a
person that knowingly and willfully violates this part, a regulation prescribed
or order issued by the Secretary of Transportation (or the Administrator of
the Federal Aviation Administration with respect to aviation safety duties
and powers designated to be carried out by the Administrator) under this
part, or any term of a certificate or permit issued under section 41102,
41103, or 41302 of this title shall be fined under title 18. A separate violation
occurs for each day the violation continues.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply to
chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117),
chapter 441 (except section 44109), chapter 445, and sections 44701(a) and
(b), 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915, and
44932–44938 of this title.
CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF
THE UNITED STATES
Sec.
46501.
Definitions.
46502.
Aircraft piracy.
46503.
Death penalty sentencing procedure for aircraft piracy.
46504.
Interference with flight crew members and attendants.
46505.
Carrying a weapon or explosive on an aircraft.
46506.
Application of certain criminal laws to acts on aircraft.
46507.
False information and threats.
§ 46501. Definitions
In this chapter—
(1) ‘‘aircraft in flight’’ means an aircraft from the moment all exter-
nal doors are closed following boarding—
(A) through the moment when one external door is opened to
allow passengers to leave the aircraft; or
(B) until, if a forced landing, competent authorities take over re-
sponsibility for the aircraft and individuals and property on the
aircraft.
(2) ‘‘special aircraft jurisdiction of the United States’’ includes any
of the following aircraft in flight:
(A) a civil aircraft of the United States.
(B) an aircraft of the armed forces of the United States.
593
(C) another aircraft in the United States.
(D) another aircraft outside the United States—
(i) that has its next scheduled destination or last place of de-
parture in the United States, if the aircraft next lands in the
United States;
(ii) on which an individual commits an offense (as defined
in the Convention for the Suppression of Unlawful Seizure of
Aircraft) if the aircraft lands in the United States with the in-
dividual still on the aircraft; or
(iii) against which an individual commits an offense (as de-
fined in subsection (d) or (e) of article I, section I of the Con-
vention for the Suppression of Unlawful Acts against the Safe-
ty of Civil Aviation) if the aircraft lands in the United States
with the individual still on the aircraft.
(E) any other aircraft leased without crew to a lessee whose prin-
cipal place of business is in the United States or, if the lessee does
not have a principal place of business, whose permanent residence
is in the United States.
(3) an individual commits an offense (as defined in the Convention
for the Suppression of Unlawful Seizure of Aircraft) when the individ-
ual, when on an aircraft in flight—
(A) by any form of intimidation, unlawfully seizes, exercises con-
trol of, or attempts to seize or exercise control of, the aircraft; or
(B) is an accomplice of an individual referred to in subclause (A)
of this clause.
§ 46502. Aircraft piracy
(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In this subsection—
(A) ‘‘aircraft piracy’’ means seizing or exercising control of an air-
craft in the special aircraft jurisdiction of the United States by force,
violence, threat of force or violence, or any form of intimidation, and
with wrongful intent.
(B) an attempt to commit aircraft piracy is in the special aircraft
jurisdiction of the United States although the aircraft is not in flight at
the time of the attempt if the aircraft would have been in the special
aircraft jurisdiction of the United States had the aircraft piracy been
completed.
(2) An individual committing or attempting to commit aircraft piracy—
(A) shall be imprisoned for at least 20 years; or
(B) if the death of another individual results from the commission or
attempt, shall be put to death or imprisoned for life.
594
(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individual com-
mitting an offense (as defined in the Convention for the Suppression of Un-
lawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft
jurisdiction of the United States and later found in the United States—
(A) shall be imprisoned for at least 20 years; or
(B) if the death of another individual results from the commission or
attempt, shall be put to death or imprisoned for life.
(2) This subsection applies only if the place of takeoff or landing of the
aircraft on which the individual commits the offense is located outside the ter-
ritory of the country of registration of the aircraft.
§ 46503. Death penalty sentencing procedure for aircraft pi-
racy
(a) GOVERNMENT STIPULATIONS.—An individual convicted of violating
section 46502 of this title may not be sentenced to death if the United States
Government stipulates that at least one of the mitigating factors specified in
subsection (c)(1) of this section exists or none of the aggravating factors speci-
fied in subsection (c)(2) of this section exists. If the Government does not stip-
ulate, the judge presiding at the trial or accepting the guilty plea of the indi-
vidual shall hold a separate hearing to decide on the punishment to be im-
posed.
(b) PUNISHMENT HEARINGS.—(1) The hearing under this section shall be
conducted—
(A) before the jury that found the defendant guilty;
(B) before a jury impaneled for the hearing when—
(i) the defendant was convicted by a guilty plea;
(ii) the defendant was convicted by a judge without a jury; or
(iii) the jury finding the defendant guilty was discharged by the
judge for good cause; or
(C) before the judge, on motion of the defendant and with the approval
of the judge and the Government.
(2) At the hearing, the judge shall disclose to the defendant or counsel for
the defendant all material contained in any presentence report, except mate-
rial the judge decides is required to be withheld to protect human life or na-
tional security. Presentence information withheld from the defendant may not
be considered in deciding whether the factors specified in subsection (c) of this
section exist.
(3) Information relevant to the mitigating factors specified in subsection
(c)(1) of this section may be presented by the Government or the defendant
without regard to the rules governing the admissibility of evidence at criminal
trials. The burden of establishing the existence of a mitigating factor specified
in subsection (c)(1) is on the defendant.
595
(4) Information relevant to the aggravating factors specified in subsection
(c)(2) of this section is admissible only under rules governing the admissibil-
ity of evidence at criminal trials. The burden of establishing the existence of
an aggravating factor specified in subsection (c)(2) is on the Government.
(5) The Government and the defendant may rebut information presented
at the hearing. They shall be given an opportunity to present arguments on
the adequacy of the information to establish the existence of the factors speci-
fied in subsection (c) of this section.
(c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may not im-
pose the death penalty on a defendant if the jury or, if there is no jury, the
judge finds under this section that at the time of the violation of section
46502 of this title—
(A) the defendant was not yet 18 years of age;
(B) the capacity of the defendant to appreciate the wrongfulness of the
defendant’s conduct or to conform the defendant’s conduct to the require-
ments of law was impaired significantly, but the capacity was not im-
paired sufficiently to be a defense to prosecution;
(C) the defendant was under unusual and substantial duress, but the
duress was not sufficient to be a defense to prosecution;
(D) the defendant was a principal (as defined in section 2(a) of title
18) in a violation committed by another individual, but the participa-
tion of the defendant was relatively minor, although not sufficiently
minor to be a defense to prosecution; or
(E) the defendant reasonably could not have foreseen that the conduct
of the defendant in the violation would cause or create a grave risk of
causing death to another individual.
(2) If none of the factors specified in paragraph (1) of this subsection exists,
the judge shall impose the death penalty on the defendant if the jury or, if
there is no jury, the judge finds under this section that—
(A) the death of another individual resulted from the violation after
the defendant had seized or exercised control of the aircraft; or
(B) the death of another individual resulted from the violation and—
(i) the defendant has been convicted of another United States or
State offense (committed before or at the time of the violation) for
which punishment of life imprisonment or death could be imposed;
(ii) the defendant has been convicted of at least 2 United States
or State offenses with a penalty of more than one year of imprison-
ment (committed on different occasions before the time of the viola-
tion) that involved inflicting serious bodily injury on another indi-
vidual;
596
(iii) in committing the violation, the defendant knowingly created
a grave risk of death to an individual in addition to the individual
whose death resulted from the violation; or
(iv) the defendant committed the violation in an especially hei-
nous, cruel, or depraved manner.
(d) DEATH PENALTY REQUIREMENTS.—(1) If the jury or, if there is no
jury, the judge finds by a preponderance of the information that none of the
mitigating factors specified in subsection (c)(1) of this section exists and that
at least one of the aggravating factors specified in subsection (c)(2) of this
section exists, the judge shall impose the death penalty on the defendant. If
the jury or judge finds that at least one of the mitigating factors specified
in subsection (c)(1) exists, or that none of the aggravating factors specified
in subsection (c)(2) exists, the judge may not impose the death penalty on
the defendant but shall impose another penalty provided for the defendant’s
violation of section 46502 of this title.
(2) The jury or, if there is no jury, the judge shall return a special verdict
containing findings on whether each of the factors specified in subsection (c)
of this section exists.
§ 46504. Interference with flight crew members and attend-
ants
An individual on an aircraft in the special aircraft jurisdiction of the
United States who, by assaulting or intimidating a flight crew member or
flight attendant of the aircraft, interferes with the performance of the duties
of the member or attendant or lessens the ability of the member or attendant
to perform those duties, shall be fined under title 18, imprisoned for not more
than 20 years, or both. However, if a dangerous weapon is used in assaulting
or intimidating the member or attendant, the individual shall be imprisoned
for any term of years or for life.
§ 46505. Carrying a weapon or explosive on an aircraft
(a) DEFINITION.—In this section, ‘‘loaded firearm’’ means a starter gun or
a weapon designed or converted to expel a projectile through an explosive, that
has a cartridge, a detonator, or powder in the chamber, magazine, cylinder,
or clip.
(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined under title
18, imprisoned for not more than one year, or both, if the individual—
(1) when on, or attempting to get on, an aircraft in, or intended for
operation in, air transportation or intrastate air transportation, has on
or about the individual or the property of the individual a concealed
dangerous weapon that is or would be accessible to the individual in
flight;
597
(2) has placed, attempted to place, or attempted to have placed a load-
ed firearm on that aircraft in property not accessible to passengers in
flight; or
(3) has on or about the individual, or has placed, attempted to place,
or attempted to have placed on that aircraft, an explosive or incendiary
device.
(c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN LIFE.—An in-
dividual who willfully and without regard for the safety of human life, or
with reckless disregard for the safety of human life, violates subsection (b) of
this section, shall be fined under title 18, imprisoned for not more than 5
years, or both.
(d) NONAPPLICATION.—Subsection (b)(1) of this section does not apply to—
(1) a law enforcement officer of a State or political subdivision of a
State, or an officer or employee of the United States Government, author-
ized to carry arms in an official capacity;
(2) another individual the Administrator of the Federal Aviation Ad-
ministration by regulation authorizes to carry a dangerous weapon in
air transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a loaded firearm) in
baggage not accessible to a passenger in flight if the air carrier was in-
formed of the presence of the weapon.
§ 46506. Application of certain criminal laws to acts on air-
craft
An individual on an aircraft in the special aircraft jurisdiction of the
United States who commits an act that—
(1) if committed in the special maritime and territorial jurisdiction
of the United States (as defined in section 7 of title 18) would violate
section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter 109A
of title 18, shall be fined under title 18, imprisoned under that section
or chapter, or both; or
(2) if committed in the District of Columbia would violate section 9
of the Act of July 29, 1892 (D.C. Code § 22-1112), shall be fined under
title 18, imprisoned under section 9 of the Act, or both.
§ 46507. False information and threats
An individual shall be fined under title 18, imprisoned for not more than
5 years, or both, if the individual—
(1) knowing the information to be false, willfully and maliciously or
with reckless disregard for the safety of human life, gives, or causes to
be given, under circumstances in which the information reasonably may
be believed, false information about an alleged attempt being made or to
598
be made to do an act that would violate section 46502(a), 46504, 46505,
or 46506 of this title; or
(2)(A) threatens to violate section 46502(a), 46504, 46505, or 46506
of this title, or causes a threat to violate any of those sections to be made;
and
(B) appears ready and willing to carry out the threat.
PART B—AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471—AIRPORT DEVELOPMENT
SUBCHAPTER I—AIRPORT IMPROVEMENT
Sec.
47101.
Policies.
47102.
Definitions.
47103.
National plan of integrated airport systems.
47104.
Project grant authority.
47105.
Project grant applications.
47106.
Project grant application approval conditioned on satisfaction of project requirements.
47107.
Project grant application approval conditioned on assurances about airport operations.
47108.
Project grant agreements.
47109.
United States Government’s share of project costs.
47110.
Allowable project costs.
47111.
Payments under project grant agreements.
47112.
Carrying out airport development projects.
47113.
Minority and disadvantaged business participation.
47114.
Apportionments.
47115.
Discretionary fund.
47116.
Small airport fund.
47117.
Use of apportioned amounts.
47118.
Designating current and former military airports.
47119.
Terminal development costs.
47120.
Grant priority.
47121.
Records and audits.
47122.
Administrative.
47123.
Nondiscrimination.
47124.
Agreements for State and local operation of airport facilities.
47125.
Conveyances of United States Government land.
47126.
Criminal penalties for false statements.
47127.
Ground transportation demonstration projects.
47128.
State block grant pilot program.
47129.
Annual report.
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS
47151.
Authority to transfer an interest in surplus property.
47152.
Terms of gifts.
47153.
Waiving and adding terms.
SUBCHAPTER I—AIRPORT IMPROVEMENT
§ 47101. Policies
(a) GENERAL.—It is the policy of the United States—
(1) that the safe operation of the airport and airway system is the
highest aviation priority;
(2) that aviation facilities be constructed and operated to minimize
current and projected noise impact on nearby communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be made to make the develop-
ment and enhancement of cargo hub airports easier;
599
(5) to encourage the development of transportation systems that use
various modes of transportation in a way that will serve the States and
local communities efficiently and effectively;
(6) that airport development projects under this subchapter provide for
the protection and enhancement of natural resources and the quality of
the environment of the United States;
(7) that airport construction and improvement projects that increase
the capacity of facilities to accommodate passenger and cargo traffic be
undertaken to the maximum feasible extent so that safety and efficiency
increase and delays decrease;
(8) to ensure that nonaviation usage of the navigable airspace be ac-
commodated but not allowed to decrease the safety and capacity of the
airspace and airport system;
(9) that artificial restrictions on airport capacity—
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only after
other reasonably available and less burdensome alternatives have
been tried; and
(C) should not discriminate unjustly between categories and class-
es of aircraft; and
(10) that special emphasis should be placed on converting appropriate
former military air bases to civil use and identifying and improving ad-
ditional joint-use facilities.
(b) NATIONAL TRANSPORTATION POLICY.—(1) It is a goal of the United
States to develop a national intermodal transportation system that transports
passengers and property in an efficient manner. The future economic direc-
tion of the United States depends on its ability to confront directly the enor-
mous challenges of the global economy, declining productivity growth, energy
vulnerability, air pollution, and the need to rebuild the infrastructure of the
United States.
(2) United States leadership in the world economy, the expanding wealth
of the United States, the competitiveness of the industry of the United States,
the standard of living, and the quality of life are at stake.
(3) A national intermodal transportation system is a coordinated, flexible
network of diverse but complementary forms of transportation that transports
passengers and property in the most efficient manner. By reducing transpor-
tation costs, these intermodal systems will enhance the ability of the industry
of the United States to compete in the global marketplace.
(4) All forms of transportation, including aviation and other transpor-
tation systems of the future, will be full partners in the effort to reduce energy
consumption and air pollution while promoting economic development.
600
(5) An intermodal transportation system consists of transportation hubs
that connect different forms of appropriate transportation and provides users
with the most efficient means of transportation and with access to commercial
centers, business locations, population centers, and the vast rural areas of the
United States, as well as providing links to other forms of transportation and
to intercity connections.
(6) Intermodality and flexibility are paramount issues in the process of de-
veloping an integrated system that will obtain the optimum yield of United
States resources.
(7) The United States transportation infrastructure must be reshaped to
provide the economic underpinnings for the United States to compete in the
21st century global economy. The United States can no longer rely on the
sheer size of its economy to dominate international economic rivals and must
recognize fully that its economy is no longer a separate entity but is part
of the global marketplace. The future economic prosperity of the United States
depends on its ability to compete in an international marketplace that is
teeming with competitors but in which a full one-quarter of the economic ac-
tivity of the United States takes place.
(8) The United States must make a national commitment to rebuild its in-
frastructure through development of a national intermodal transportation sys-
tem. The United States must provide the foundation for its industries to im-
prove productivity and their ability to compete in the global economy with
a system that will transport passengers and property in an efficient manner.
(c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the public in-
terest to recognize the effects of airport capacity expansion projects on aircraft
noise. Efforts to increase capacity through any means can have an impact
on surrounding communities. Noncompatible land uses around airports must
be reduced and efforts to mitigate noise must be given a high priority.
(d) CONSISTENCY WITH AIR COMMERCE AND SAFETY POLICIES.—Each
airport and airway program should be carried out consistently with section
40101(a), (b), (d), and (f) of this title to foster competition, prevent unfair
methods of competition in air transportation, maintain essential air trans-
portation, and prevent unjust and discriminatory practices, including as the
practices may be applied between categories and classes of aircraft.
(e) ADEQUACY OF NAVIGATION AIDS AND AIRPORT FACILITIES.—This sub-
chapter should be carried out to provide adequate navigation aids and airport
facilities for places at which scheduled commercial air service is provided. The
facilities provided may include—
(1) reliever airports; and
601
(2) heliports designated by the Secretary of Transportation to relieve
congestion at commercial service airports by diverting aircraft pas-
sengers from fixed-wing aircraft to helicopter carriers.
(f) MAXIMUM USE OF SAFETY FACILITIES.—This subchapter should be car-
ried out consistently with a comprehensive airspace system plan, giving high-
est priority to commercial service airports, to maximize the use of safety fa-
cilities, including installing, operating, and maintaining, to the extent pos-
sible with available money and considering other safety needs—
(1) electronic or visual vertical guidance on each runway;
(2) grooving or friction treatment of each primary and secondary run-
way;
(3) distance-to-go signs for each primary and secondary runway;
(4) a precision approach system, a vertical visual guidance system,
and a full approach light system for each primary runway;
(5) a nonprecision instrument approach for each secondary runway;
(6) runway end identifier lights on each runway that does not have
an approach light system;
(7) a surface movement radar system at each category III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking; and
(10) radar approach coverage for each airport terminal area.
(g) COOPERATION.—To carry out the policy of subsection (a)(5) of this sec-
tion, the Secretary of Transportation shall cooperate with State and local offi-
cials in developing airport plans and programs that are based on overall
transportation needs. The airport plans and programs shall be developed in
coordination with other transportation planning and considering comprehen-
sive long-range land-use plans and overall social, economic, environmental,
system performance, and energy conservation objectives. The process of devel-
oping airport plans and programs shall be continuing, cooperative, and com-
prehensive to the degree appropriate to the complexity of the transportation
problems.
(h) CONSULTATION.—To carry out the policy of subsection (a)(6) of this
section, the Secretary of Transportation shall consult with the Secretary of
the Interior and the Administrator of the Environmental Protection Agency
about any project included in a project grant application involving the loca-
tion of an airport or runway, or a major runway extension, that may have
a significant effect on—
(1) natural resources, including fish and wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
602
§ 47102. Definitions
In this subchapter—
(1) ‘‘air carrier airport’’ means a public airport regularly served by—
(A) an air carrier certificated by the Secretary of Transportation
under section 41102 of this title (except a charter air carrier); or
(B) at least one air carrier—
(i) operating under an exemption from section 41101(a)(1)
of this title that the Secretary grants; and
(ii) having at least 2,500 passenger boardings at the airport
during the prior calendar year.
(2) ‘‘airport’’—
(A) means—
(i) an area of land or water used or intended to be used for
the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for air-
port buildings or other airport facilities or rights of way; and
(iii) airport buildings and facilities located in any of those
areas; and
(B) includes a heliport.
(3) ‘‘airport development’’ means the following activities, if under-
taken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport,
including—
(i) removing, lowering, relocating, marking, and lighting an
airport hazard; and
(ii) preparing a plan or specification, including carrying
out a field investigation.
(B) acquiring for, or installing at, a public-use airport—
(i) a navigation aid or another aid (including a precision
approach system) used by aircraft for landing at or taking off
from the airport, including preparing the site as required by
the acquisition or installation;
(ii) safety or security equipment the Secretary requires by
regulation for, or approves as contributing significantly to, the
safety or security of individuals and property at the airport;
(iii) equipment to remove snow, to measure runway surface
friction, or for aviation-related weather reporting;
(iv) firefighting and rescue equipment at an airport that
serves scheduled passenger operations of air carrier aircraft de-
signed for more than 20 passenger seats;
603
(v) aircraft deicing equipment and structures (except air-
craft deicing fluids and storage facilities for the equipment and
fluids); and
(vi) interactive training systems.
(C) acquiring an interest in land or airspace, including land for
future airport development, that is needed—
(i) to carry out airport development described in subclause
(A) or (B) of this clause; or
(ii) to remove or mitigate an existing airport hazard or pre-
vent or limit the creation of a new airport hazard.
(D) acquiring land for, or constructing, a burn area training
structure on or off the airport to provide live fire drill training for
aircraft rescue and firefighting personnel required to receive the
training under regulations the Secretary prescribes, including basic
equipment and minimum structures to support the training under
standards the Administrator of the Federal Aviation Administra-
tion prescribes.
(E) relocating after December 31, 1991, an air traffic control
tower and any navigational aid (including radar) if the relocation
is necessary to carry out a project approved by the Secretary under
this subchapter.
(F) constructing, reconstructing, repairing, or improving an air-
port, or purchasing capital equipment for an airport, if paid for
by a grant under this subchapter and necessary for compliance with
the responsibilities of the operator or owner of the airport under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.),
the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), except constructing
or purchasing capital equipment that would benefit primarily a
revenue-producing area of the airport used by a nonaeronautical
business.
(G) acquiring land for, or work necessary to construct, a pad
suitable for deicing aircraft before takeoff at a commercial service
airport, including constructing or reconstructing paved areas,
drainage collection structures, treatment and discharge systems, ap-
propriate lighting, paved access for deicing vehicles and aircraft,
but not including acquiring aircraft deicing fluids or constructing
or reconstructing storage facilities for aircraft deicing equipment or
fluids.
(4) ‘‘airport hazard’’ means a structure or object of natural growth lo-
cated on or near a public-use airport, or a use of land near the airport,
604
that obstructs or otherwise is hazardous to the landing or taking off of
aircraft at or from the airport.
(5) ‘‘airport planning’’ means planning as defined by regulations the
Secretary prescribes and includes integrated airport system planning.
(6) ‘‘amount made available under section 48103 of this title’’ means
the amount authorized for grants under section 48103 of this title as re-
duced by any law enacted after September 3, 1982.
(7) ‘‘commercial service airport’’ means a public airport in a State
that the Secretary determines has at least 2,500 passenger boardings each
year and is receiving scheduled passenger aircraft service.
(8) ‘‘integrated airport system planning’’ means developing for plan-
ning purposes information and guidance to decide the extent, kind, loca-
tion, and timing of airport development needed in a specific area to es-
tablish a viable, balanced, and integrated system of public-use airports,
including—
(A) identifying system needs;
(B) developing an estimate of systemwide development costs;
(C) conducting studies, surveys, and other planning actions, in-
cluding those related to airport access, needed to decide which aero-
nautical needs should be met by a system of airports; and
(D) standards prescribed by a State, except standards for safety
of approaches, for airport development at nonprimary public-use
airports.
(9) ‘‘landed weight’’ means the weight of aircraft transporting only
cargo in intrastate, interstate, and foreign air transportation, as the Sec-
retary determines under regulations the Secretary prescribes.
(10) ‘‘passenger boardings’’—
(A) means revenue passenger boardings on an aircraft in service
in air commerce as the Secretary determines under regulations the
Secretary prescribes; and
(B) includes passengers who continue on an aircraft in inter-
national flight that stops at an airport in the 48 contiguous States,
Alaska, or Hawaii for a nontraffic purpose.
(11) ‘‘primary airport’’ means a commercial service airport the Sec-
retary determines to have more than 10,000 passenger boardings each
year.
(12) ‘‘project’’ means a project, separate projects included in one
project grant application, or all projects to be undertaken at an airport
in a fiscal year, to achieve airport development or airport planning.
(13) ‘‘project cost’’ means a cost involved in carrying out a project.
605
(14) ‘‘project grant’’ means a grant of money the Secretary makes to
a sponsor to carry out at least one project.
(15) ‘‘public agency’’ means—
(A) a State or political subdivision of a State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(16) ‘‘public airport’’ means an airport used or intended to be used
for public purposes—
(A) that is under the control of a public agency; and
(B) of which the area used or intended to be used for the landing,
taking off, or surface maneuvering of aircraft is publicly owned.
(17) ‘‘public-use airport’’ means—
(A) a public airport; or
(B) a privately-owned airport used or intended to be used for
public purposes that is—
(i) a reliever airport; or
(ii) determined by the Secretary to have at least 2,500 pas-
senger boardings each year and to receive scheduled passenger
aircraft service.
(18) ‘‘reliever airport’’ means an airport the Secretary designates to
relieve congestion at a commercial service airport and to provide more
general aviation access to the overall community.
(19) ‘‘sponsor’’ means—
(A) a public agency that submits to the Secretary under this sub-
chapter an application for financial assistance; and
(B) a private owner of a public-use airport that submits to the
Secretary under this subchapter an application for financial assist-
ance for the airport.
(20) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands, and Guam.
§ 47103. National plan of integrated airport systems
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of
Transportation shall maintain the plan for developing public-use airports in
the United States, named ‘‘the national plan of integrated airport systems’’.
The plan shall include the kind and estimated cost of eligible airport develop-
ment the Secretary of Transportation considers necessary to provide a safe,
efficient, and integrated system of public-use airports adequate to anticipate
and meet the needs of civil aeronautics, to meet the national defense require-
ments of the Secretary of Defense, and to meet identified needs of the United
States Postal Service. Airport development included in the plan may not be
606
limited to meeting the needs of any particular classes or categories of public-
use airports. In maintaining the plan, the Secretary of Transportation shall
consider the needs of each segment of civil aviation and the relationship of
each airport to—
(1) the rest of the transportation system in the particular area;
(2) forecasted technological developments in aeronautics; and
(3) forecasted developments in other modes of intercity transportation.
(b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Secretary of
Transportation shall—
(1) to the extent possible and as appropriate, consult with depart-
ments, agencies, and instrumentalities of the United States Government,
with public agencies, and with the aviation community;
(2) consider tall structures that reduce safety or airport capacity; and
(3) make every reasonable effort to address the needs of air cargo oper-
ations, Short Takeoff and Landing/Very Short Takeoff and Landing air-
craft operations, and rotary wing aircraft operations.
(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FACILI-
TIES.—To the extent possible, the Secretary of Defense shall make domestic
military airports and airport facilities available for civil use. In advising the
Secretary of Transportation under subsection (a) of this section, the Secretary
of Defense shall indicate the extent to which domestic military airports and
airport facilities are available for civil use.
(d) PUBLICATION.—The Secretary of Transportation shall publish the sta-
tus of the plan every 2 years.
§ 47104. Project grant authority
(a) GENERAL AUTHORITY.—To maintain a safe and efficient nationwide
system of public-use airports that meets the present and future needs of civil
aeronautics, the Secretary of Transportation may make project grants under
this subchapter from the Airport and Airway Trust Fund.
(b) INCURRING OBLIGATIONS.—The Secretary may incur obligations to
make grants from amounts made available under section 48103 of this title
as soon as the amounts are apportioned under section 47114(c) and (d)(2)
of this title.
(c) EXPIRATION OF AUTHORITY.—After September 30, 1993, the Secretary
may not incur obligations under subsection (b) of this section, except for obli-
gations of amounts remaining available after that date under section
47117(b) of this title.
§ 47105. Project grant applications
(a) SUBMISSION AND CONSULTATION.—(1) An application for a project
grant under this subchapter may be submitted to the Secretary of Transpor-
tation by—
607
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development project
benefitting at least 2 airports in the State or for airport planning for
similar projects for at least 2 airports in the State if—
(i) the sponsor of each airport gives written consent that the State
be the applicant;
(ii) the Secretary is satisfied there is administrative merit and
aeronautical benefit in the State being the sponsor; and
(iii) an acceptable agreement exists that ensures that the State
will comply with appropriate grant conditions and other assurances
the Secretary requires.
(2) Before deciding to undertake an airport development project at an air-
port under this subchapter, a sponsor shall consult with the airport users that
will be affected by the project.
(3) This subsection does not authorize a public agency that is subject to
the laws of a State to apply for a project grant in violation of a law of the
State.
(b) CONTENTS AND FORM.—An application for a project grant under this
subchapter—
(1) shall describe the project proposed to be undertaken;
(2) may propose a project only for a public-use airport included in
the current national plan of integrated airport systems;
(3) may propose airport development only if the development complies
with standards the Secretary prescribes or approves, including standards
for site location, airport layout, site preparation, paving, lighting, and
safety of approaches; and
(4) shall be in the form and contain other information the Secretary
prescribes.
(c) STATE STANDARDS FOR AIRPORT DEVELOPMENT.—The Secretary may
approve standards (except standards for safety of approaches) that a State
prescribes for airport development at nonprimary public-use airports in the
State. On approval under this subsection, a State’s standards apply to the
nonprimary public-use airports in the State instead of the comparable stand-
ards prescribed by the Secretary under subsection (b)(3) of this section. The
Secretary, or the State with the approval of the Secretary, may revise stand-
ards approved under this subsection.
(d) CERTIFICATION OF COMPLIANCE.—The Secretary may require a spon-
sor to certify that the sponsor will comply with this subchapter in carrying
out the project. The Secretary may rescind the acceptance of a certification
at any time. This subsection does not affect an obligation or responsibility
of the Secretary under another law of the United States.
608
(e) NOTIFICATION.—The sponsor of an airport for which an amount is ap-
portioned under section 47114(c) of this title shall notify the Secretary of the
fiscal year in which the sponsor intends to submit a project grant application
for the apportioned amount. The notification shall be given by the time and
contain the information the Secretary prescribes.
§ 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of Transpor-
tation may approve an application under this subchapter for a project grant
only if the Secretary is satisfied that—
(1) the project is consistent with plans (existing at the time the project
is approved) of public agencies authorized by the State in which the air-
port is located to plan for the development of the area surrounding the
airport;
(2) the project will contribute to carrying out this subchapter;
(3) enough money is available to pay the project costs that will not
be paid by the United States Government under this subchapter;
(4) the project will be completed without unreasonable delay; and
(5) the sponsor has authority to carry out the project as proposed.
(b) AIRPORT DEVELOPMENT PROJECT GRANT APPLICATION APPROVAL.—
The Secretary may approve an application under this subchapter for an air-
port development project grant for an airport only if the Secretary is satisfied
that—
(1) the sponsor, a public agency, or the Government holds good title
to the areas of the airport used or intended to be used for the landing,
taking off, or surface maneuvering of aircraft, or that good title will be
acquired;
(2) the interests of the community in or near which the project may
be located have been given fair consideration; and
(3) the application provides touchdown zone and centerline runway
lighting, high intensity runway lighting, or land necessary for installing
approach light systems that the Secretary, considering the category of the
airport and the kind and volume of traffic using it, decides is necessary
for safe and efficient use of the airport by aircraft.
(c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may approve an
application under this subchapter for an airport development project involv-
ing the location of an airport or runway or a major runway extension—
(A) only if the sponsor certifies to the Secretary that—
(i) an opportunity for a public hearing was given to consider the
economic, social, and environmental effects of the location and the
609
location’s consistency with the objectives of any planning that the
community has carried out; and
(ii) the airport management board has voting representation from
the communities in which the project is located or has advised the
communities that they have the right to petition the Secretary about
a proposed project;
(B) only if the chief executive officer of the State in which the project
will be located certifies in writing to the Secretary that there is reason-
able assurance that the project will be located, designed, constructed, and
operated in compliance with applicable air and water quality standards,
except that the Administrator of the Environmental Protection Agency
shall make the certification instead of the chief executive officer if—
(i) the State has not approved any applicable State or local
standards; and
(ii) the Administrator has prescribed applicable standards; and
(C) if the application is found to have a significant adverse effect on
natural resources, including fish and wildlife, natural, scenic, and recre-
ation assets, water and air quality, or another factor affecting the envi-
ronment, only after finding that no possible and prudent alternative to
the project exists and that every reasonable step has been taken to mini-
mize the adverse effect.
(2) The Secretary may approve an application under this subchapter for
an airport development project that does not involve the location of an airport
or runway, or a major runway extension, at an existing airport without re-
quiring an environmental impact statement related to noise for the project
if—
(A) completing the project would allow operations at the airport in-
volving aircraft complying with the noise standards prescribed for ‘‘stage
2’’ aircraft in section 36.1 of title 14, Code of Federal Regulations, to
replace existing operations involving aircraft that do not comply with
those standards; and
(B) the project meets the other requirements under this subchapter.
(3) At the Secretary’s request, the sponsor shall give the Secretary a copy
of the transcript of any hearing held under paragraph (1)(A) of this sub-
section.
(4)(A) Notice of certification or of refusal to certify under paragraph (1)(B)
of this subsection shall be provided to the Secretary not later than 60 days
after the Secretary receives the application.
(B) The Secretary shall condition approval of the application on compli-
ance with the applicable standards during construction and operation.
610
(5) The Secretary may make a finding under paragraph (1)(C) of this sub-
section only after completely reviewing the matter. The review and finding
must be a matter of public record.
(d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION AP-
PROVAL.—(1) In this subsection, ‘‘general aviation airport’’ means a public
airport that is not an air carrier airport.
(2) The Secretary may approve an application under this subchapter for
an airport development project included in a project grant application involv-
ing the construction or extension of a runway at a general aviation airport
located on both sides of a boundary line separating 2 counties within a State
only if, before the application is submitted to the Secretary, the project is ap-
proved by the governing body of each village incorporated under the laws of
the State and located entirely within 5 miles of the nearest boundary of the
airport.
(e) WITHHOLDING APPROVAL.—(1) The Secretary may withhold approval
of an application under this subchapter for amounts apportioned under sec-
tion 47114(c) and (e) of this title for violating an assurance or requirement
of this subchapter only if—
(A) the Secretary provides the sponsor an opportunity for a hearing;
and
(B) not later than 180 days after the later of the date of the applica-
tion or the date the Secretary discovers the noncompliance, the Secretary
finds that a violation has occurred.
(2) The 180-day period may be extended by—
(A) agreement between the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary
because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding
approval may obtain review of the order by filing a petition in the United
States Court of Appeals for the District of Columbia Circuit or in the court
of appeals of the United States for the circuit in which the project is located.
The action must be brought not later than 60 days after the order is served
on the petitioner.
§ 47107. Project grant application approval conditioned on
assurances about airport operations
(a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation
may approve a project grant application under this subchapter for an airport
development project only if the Secretary receives written assurances, satisfac-
tory to the Secretary, that—
(1) the airport will be available for public use on reasonable condi-
tions and without unjust discrimination;
611
(2) air carriers making similar use of the airport will be subject to
substantially comparable charges—
(A) for facilities directly and substantially related to providing
air transportation; and
(B) regulations and conditions, except for differences based on
reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classifica-
tion or status of tenant or signatory from an air carrier that assumes
obligations substantially similar to those already imposed on air carriers
of that classification or status;
(4) a person providing, or intending to provide, aeronautical services
to the public will not be given an exclusive right to use the airport, with
a right given to only one fixed-base operator to provide services at an
airport deemed not to be an exclusive right if—
(A) the right would be unreasonably costly, burdensome, or im-
practical for more than one fixed-base operator to provide the serv-
ices; and
(B) allowing more than one fixed-base operator to provide the
services would require reducing the space leased under an existing
agreement between the one fixed-base operator and the airport owner
or operator;
(5) fixed-base operators similarly using the airport will be subject to
the same charges;
(6) an air carrier using the airport may service itself or use any
fixed-base operator allowed by the airport operator to service any carrier
at the airport;
(7) the airport and facilities on or connected with the airport will be
operated and maintained suitably, with consideration given to climatic
and flood conditions;
(8) a proposal to close the airport temporarily for a nonaeronautical
purpose must first be approved by the Secretary;
(9) appropriate action will be taken to ensure that terminal airspace
required to protect instrument and visual operations to the airport (in-
cluding operations at established minimum flight altitudes) will be
cleared and protected by mitigating existing, and preventing future, air-
port hazards;
(10) appropriate action, including the adoption of zoning laws, has
been or will be taken to the extent reasonable to restrict the use of land
612
next to or near the airport to uses that are compatible with normal air-
port operations;
(11) each of the airport’s facilities developed with financial assistance
from the United States Government and each of the airport’s facilities
usable for the landing and taking off of aircraft always will be available
without charge for use by Government aircraft in common with other
aircraft, except that if the use is substantial, the Government may be
charged a reasonable share, proportionate to the use, of the cost of operat-
ing and maintaining the facility used;
(12) the airport owner or operator will provide, without charge to the
Government, property interests of the sponsor in land or water areas or
buildings that the Secretary decides are desirable for, and that will be
used for, constructing at Government expense, facilities for carrying out
activities related to air traffic control or navigation;
(13) the airport owner or operator will maintain a schedule of charges
for use of facilities and services at the airport—
(A) that will make the airport as self-sustaining as possible under
the circumstances existing at the airport, including volume of traffic
and economy of collection; and
(B) without including in the rate base used for the charges the
Government’s share of costs for any project for which a grant is
made under this subchapter or was made under the Federal Airport
Act or the Airport and Airway Development Act of 1970;
(14) the project accounts and records will be kept using a standard
system of accounting that the Secretary, after consulting with appro-
priate public agencies, prescribes;
(15) the airport owner or operator will submit any annual or special
airport financial and operations reports to the Secretary that the Sec-
retary reasonably requests;
(16) the airport owner or operator will maintain a current layout
plan of the airport that meets the following requirements:
(A) the plan will be in a form the Secretary prescribes;
(B) the Secretary will approve the plan and any revision or
modification before the plan, revision, or modification takes effect;
(C) the owner or operator will not make or allow any alteration
in the airport or any of its facilities if the alteration does not com-
ply with the plan the Secretary approves, and the Secretary is of
the opinion that the alteration may affect adversely the safety, util-
ity, or efficiency of the airport; and
(D) when an alteration in the airport or its facility is made that
does not conform to the approved plan and that the Secretary de-
613
cides adversely affects the safety, utility, or efficiency of any prop-
erty on or off the airport that is owned, leased, or financed by the
Government, the owner or operator, if requested by the Secretary,
will—
(i) eliminate the adverse effect in a way the Secretary ap-
proves; or
(ii) bear all cost of relocating the property or its replacement
to a site acceptable to the Secretary and of restoring the prop-
erty or its replacement to the level of safety, utility, efficiency,
and cost of operation that existed before the alteration was
made;
(17) each contract and subcontract for program management, con-
struction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, map-
ping, and related services will be awarded in the same way that a con-
tract for architectural and engineering services is negotiated under title
IX of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 541 et seq.) or an equivalent qualifications-based requirement
prescribed for or by the sponsor; and
(18) the airport and each airport record will be available for inspec-
tion by the Secretary on reasonable request, and a report of the airport
budget will be available to the public at reasonable times and places.
(b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Secretary of
Transportation may approve a project grant application under this sub-
chapter for an airport development project only if the Secretary receives writ-
ten assurances, satisfactory to the Secretary, that local taxes on aviation fuel
(except taxes in effect on December 30, 1987) and the revenues generated by
a public airport will be expended for the capital or operating costs of—
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the airport owner or
operator and directly and substantially related to the air transportation
of passengers or property.
(2) Paragraph (1) of this subsection does not apply if a provision enacted
not later than September 2, 1982, in a law controlling financing by the air-
port owner or operator, or a covenant or assurance in a debt obligation issued
not later than September 2, 1982, by the owner or operator, provides that the
revenues, including local taxes on aviation fuel at public airports, from any
of the facilities of the owner or operator, including the airport, be used to sup-
port not only the airport but also the general debt obligations or other facili-
ties of the owner or operator.
614
(3) This subsection does not prevent the use of a State tax on aviation fuel
to support a State aviation program or the use of airport revenue on or off
the airport for a noise mitigation purpose.
(c) WRITTEN ASSURANCES ON ACQUIRING LAND.—(1) In this subsection,
land is needed for an airport purpose (except a noise compatibility purpose)
if—
(A)(i) the land may be needed for an aeronautical purpose (including
runway protection zone) or serves as noise buffer land; and
(ii) revenue from interim uses of the land contributes to the financial
self-sufficiency of the airport; and
(B) for land purchased with a grant the owner or operator received
not later than December 30, 1987, the Secretary of Transportation or the
department, agency, or instrumentality of the Government that made the
grant was notified by the owner or operator of the use of the land and
did not object to the use and the land is still being used for that purpose.
(2) The Secretary of Transportation may approve an application under
this subchapter for an airport development project grant only if the Secretary
receives written assurances, satisfactory to the Secretary, that if an airport
owner or operator has received or will receive a grant for acquiring land
and—
(A) if the land was or will be acquired for a noise compatibility pur-
pose—
(i) the owner or operator will dispose of the land at fair market
value at the earliest practicable time after the land no longer is
needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or reserving an in-
terest in the land necessary to ensure that the land will be used in
a way that is compatible with noise levels associated with operating
the airport; and
(iii) the part of the proceeds from disposing of the land that is
proportional to the Government’s share of the cost of acquiring the
land will be paid to the Secretary for deposit in the Airport and
Airway Trust Fund established under section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502) or, as the Secretary pre-
scribes, reinvested in an approved noise compatibility project; or
(B) if the land was or will be acquired for an airport purpose (except
a noise compatibility purpose)—
(i) the owner or operator, when the land no longer is needed for
an airport purpose, will dispose of the land at fair market value
or make available to the Secretary an amount equal to the Govern-
ment’s proportional share of the fair market value;
615
(ii) the disposition will be subject to retaining or reserving an in-
terest in the land necessary to ensure that the land will be used in
a way that is compatible with noise levels associated with operating
the airport; and
(iii) the part of the proceeds from disposing of the land that is
proportional to the Government’s share of the cost of acquiring the
land will be reinvested, on application to the Secretary, in another
eligible airport development project the Secretary approves under
this subchapter or paid to the Secretary for deposit in the Fund if
another eligible project does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this sub-
section and deposited in the Airport and Airway Trust Fund are available
as provided in subsection (f) of this section.
(d) ASSURANCES OF CONTINUATION AS PUBLIC-USE AIRPORT.—The Sec-
retary of Transportation may approve an application under this subchapter
for an airport development project grant for a privately owned public-use air-
port only if the Secretary receives appropriate assurances that the airport
will continue to function as a public-use airport during the economic life
(that must be at least 10 years) of any facility at the airport that was devel-
oped with Government financial assistance under this subchapter.
(e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSINESS CON-
CERNS.—(1) The Secretary of Transportation may approve a project grant
application under this subchapter for an airport development project only if
the Secretary receives written assurances, satisfactory to the Secretary, that
the airport owner or operator will take necessary action to ensure, to the max-
imum extent practicable, that at least 10 percent of all businesses at the air-
port selling consumer products or providing consumer services to the public
are small business concerns (as defined by regulations of the Secretary) owned
and controlled by a socially and economically disadvantaged individual (as
defined in section 47113(a) of this title).
(2) An airport owner or operator may meet the percentage goal of para-
graph (1) of this subsection by including any business operated through a
management contract or subcontract. The dollar amount of a management
contract or subcontract with a disadvantaged business enterprise shall be
added to the total participation by disadvantaged business enterprises in air-
port concessions and to the base from which the airport’s percentage goal is
calculated. The dollar amount of a management contract or subcontract with
a non-disadvantaged business enterprise and the gross revenue of business ac-
tivities to which the management contract or subcontract pertains may not
be added to this base.
616
(3) Except as provided in paragraph (4) of this subsection, an airport
owner or operator may meet the percentage goal of paragraph (1) of this sub-
section by including the purchase from disadvantaged business enterprises of
goods and services used in businesses conducted at the airport, but the owner
or operator and the businesses conducted at the airport shall make good faith
efforts to explore all available options to achieve, to the maximum extent prac-
ticable, compliance with the goal through direct ownership arrangements, in-
cluding joint ventures and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an airport
owner or operator shall include the revenues of car rental firms at the airport
in the base from which the percentage goal in paragraph (1) is calculated.
(B) An airport owner or operator may require a car rental firm to meet
a requirement under paragraph (1) of this subsection by purchasing or leas-
ing goods or services from a disadvantaged business enterprise. If an owner
or operator requires such a purchase or lease, a car rental firm shall be per-
mitted to meet the requirement by including purchases or leases of vehicles
from any vendor that qualifies as a small business concern owned and con-
trolled by a socially and economically disadvantaged individual.
(C) This subsection does not require a car rental firm to change its cor-
porate structure to provide for direct ownership arrangements to meet the re-
quirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the governing
body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or
operator to adopt or enforce a law, regulation, or policy related to dis-
advantaged business enterprises.
(6) An airport owner or operator may provide opportunities for a small
business concern owned and controlled by a socially and economically dis-
advantaged individual to participate through direct contractual agreement
with that concern.
(7) An air carrier that provides passenger or property-carrying services or
another business that conducts aeronautical activities at an airport may not
be included in the percentage goal of paragraph (1) of this subsection for par-
ticipation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of Transportation shall
prescribe regulations to carry out this subsection.
(f) AVAILABILITY OF AMOUNTS.—An amount deposited in the Airport and
Airway Trust Fund under—
617
(1) subsection (c)(2)(A)(iii) of this section is available to the Secretary
of Transportation to make a grant for airport development or airport
planning under section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is available to the Sec-
retary—
(A) to make a grant for a purpose described in section 47115(b)
of this title; and
(B) for use under section 47114(d)(2) of this title at another air-
port in the State in which the land was disposed of under subsection
(c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition to an amount
made available to the Secretary under section 48103 of this title and not
subject to apportionment under section 47114 of this title.
(g) ENSURING COMPLIANCE.—(1) To ensure compliance with this section,
the Secretary of Transportation—
(A) shall prescribe requirements for sponsors that the Secretary consid-
ers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application for a
project grant only if the Secretary is satisfied that the requirements prescribed
under paragraph (1)(A) of this subsection have been or will be met.
(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH ADDI-
TIONAL ASSURANCES.—Before modifying an assurance required of a person
receiving a grant under this subchapter and in effect after December 29, 1987,
or to require compliance with an additional assurance from the person, the
Secretary of Transportation must—
(1) publish notice of the proposed modification in the Federal Register;
and
(2) provide an opportunity for comment on the proposal.
(i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When a spon-
sor provides a property interest in a land or water area or a building that
the Secretary of Transportation uses to construct a facility at Government ex-
pense, the Secretary may relieve the sponsor from an obligation in a contract
made under this chapter, the Airport and Airway Development Act of 1970,
or the Federal Airport Act to provide free space to the Government in an air-
port building, to the extent the Secretary finds that the free space no longer
is needed to carry out activities related to air traffic control or navigation.
(j) USE OF REVENUE IN HAWAII.—(1) In this subsection—
(A) ‘‘duty-free merchandise’’ and ‘‘duty-free sales enterprise’’ have the
same meanings given those terms in section 555(b)(8) of the Tariff Act
of 1930 (19 U.S.C. 1555(b)(8)).
618
(B) ‘‘highway’’ and ‘‘Federal-aid system’’ have the same meanings
given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii may use, for
a project for construction or reconstruction of a highway on a Federal-aid
system that is not more than 10 miles by road from an airport and that will
facilitate access to the airport, revenue from the sales at off-airport locations
in Hawaii of duty-free merchandise under a contract between Hawaii and
a duty-free sales enterprise. However, the revenue resulting during a Hawai-
ian fiscal year may be used only if the amount of the revenue, plus amounts
Hawaii receives in the fiscal year from all other sources for costs Hawaii in-
curs for operating all airports it operates and for debt service related to cap-
ital projects for the airports (including interest and amortization of principal
costs), is more than 150 percent of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection
in a Hawaiian fiscal year that Hawaii may use may not be more than the
amount that is greater than 150 percent as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under paragraph
(2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an air-
craft operator by an airport operated by Hawaii is increased during the pe-
riod from May 4, 1990, through December 31, 1994, by more than the per-
centage change in the Consumer Price Index of All Urban Consumers for
Honolulu, Hawaii, that the Secretary of Labor publishes during that period
and if revenue derived from the fee increases because the fee increased, the
amount under paragraph (3)(B) of this subsection shall be reduced by the
amount of the projected revenue increase in the period less the part of the in-
crease attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue increases
referred to in this subsection and shall submit the determinations to the Sec-
retary of Transportation. A determination is approved unless the Secretary
disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title in
a fiscal year in which Hawaii uses under paragraph (2) of this subsection
revenue from sales referred to in paragraph (2). Hawaii shall repay amounts
it receives in a fiscal year under a grant it is not eligible to receive because
of this paragraph to the Secretary of Transportation for deposit in the discre-
tionary fund established under section 47115.
(7)(A) This subsection applies only to revenue from sales referred to in
paragraph (2) of this subsection from May 5, 1990, through December 30,
1994, and to amounts in the Airport Revenue Fund of Hawaii that are at-
619
tributable to revenue before May 4, 1990, on sales referred to in paragraph
(2).
(B) Revenue from sales referred to in paragraph (2) of this subsection from
May 5, 1990, through December 30, 1994, may be used under paragraph (2)
in any Hawaiian fiscal year, including a Hawaiian fiscal year beginning
after December 31, 1994.
§ 47108. Project grant agreements
(a) OFFER AND ACCEPTANCE.—On approving a project grant application
under this subchapter, the Secretary of Transportation shall offer the sponsor
a grant to pay the United States Government’s share of the project costs al-
lowable under section 47110 of this title. The Secretary may impose terms
on the offer that the Secretary considers necessary to carry out this subchapter
and regulations prescribed under this subchapter. An offer shall state the obli-
gations to be assumed by the sponsor and the maximum amount the Govern-
ment will pay for the project from the amounts authorized under chapter 481
of this title (except sections 48102(e), 48106, 48107, and 48110). At the re-
quest of the sponsor, an offer of a grant for a project that will not be com-
pleted in one fiscal year shall provide for the obligation of amounts appor-
tioned or to be apportioned to a sponsor under section 47114(c) of this title
for the fiscal years necessary to pay the Government’s share of the cost of the
project. An offer that is accepted in writing by the sponsor is an agreement
binding on the Government and the sponsor. The Government may pay or
be obligated to pay a project cost only after a grant agreement for the project
is signed.
(b) INCREASING GOVERNMENT’S SHARE UNDER THIS SUBCHAPTER OR
CHAPTER 475.—(1) When an offer has been accepted in writing, the amount
stated in the offer as the maximum amount the Government will pay may
be increased only as provided in paragraphs (2) and (3) of this subsection.
(2)(A) For a project receiving assistance under a grant approved under the
Airport and Airway Improvement Act of 1982 before October 1, 1987, the
amount may be increased by not more than—
(i) 10 percent for an airport development project, except a project for
acquiring an interest in land; and
(ii) 50 percent of the total increase in allowable project costs attrib-
utable to acquiring an interest in land, based on current creditable ap-
praisals.
(B) An increase under subparagraph (A) of this paragraph may be paid
only from amounts the Government recovers from other grants made under
this subchapter.
620
(3) For a project receiving assistance under a grant approved under the
Act, this subchapter, or chapter 475 of this title after September 30, 1987,
the amount may be increased—
(A) for an airport development project, by not more than 15 percent;
and
(B) for a grant after September 30, 1992, to acquire an interest in
land for an airport (except a primary airport), by not more than the
greater of the following, based on current creditable appraisals or a court
award in a condemnation proceeding:
(i) 15 percent; or
(ii) 25 percent of the total increase in allowable project costs at-
tributable to acquiring an interest in land.
(c) INCREASING GOVERNMENT’S SHARE UNDER AIRPORT AND AIRWAY DE-
VELOPMENT ACT OF 1970.—For a project receiving assistance under a grant
made under the Airport and Airway Development Act of 1970, the maximum
amount the Government will pay may be increased by not more than 10 per-
cent. An increase under this subsection may be paid only from amounts the
Government recovers from other grants made under the Act.
(d) CHANGING WORKSCOPE.—With the consent of the sponsor, the Secretary
may amend a grant agreement made under this subchapter to change the
workscope of a project financed under the grant if the amendment does not
result in an increase in the maximum amount the Government may pay
under subsection (b) of this section.
§ 47109. United States Government’s share of project costs
(a) GENERAL.—Except as provided in subsections (b) and (c) of this sec-
tion, the United States Government’s share of allowable project costs is—
(1) 75 percent for a project at a primary airport having at least .25
percent of the total number of passenger boardings each year at all com-
mercial service airports; and
(2) 90 percent for a project at any other airport.
(b) INCREASED GOVERNMENT SHARE.—If, under subsection (a) of this sec-
tion, the Government’s share of allowable costs of a project in a State contain-
ing unappropriated and unreserved public lands and nontaxable Indian
lands (individual and tribal) of more than 5 percent of the total area of all
lands in the State, is less than the share applied on June 30, 1975, under
section 17(b) of the Airport and Airway Development Act of 1970, the Govern-
ment’s share under subsection (a) of this section shall be increased by the less-
er of—
(1) 25 percent;
621
(2) one-half of the percentage that the area of unappropriated and un-
reserved public lands and nontaxable Indian lands in the State is of the
total area of the State; or
(3) the percentage necessary to increase the Government’s share to the
percentage that applied on June 30, 1975, under section 17(b) of the Act.
(c) LIMITATION.—Notwithstanding subsections (a) and (b) of this section,
the Government’s share of project costs allowable under section 47110(d) of
this title may not be more than 75 percent, except that the Government’s
share shall be 85 percent for a project at a commercial service airport that
does not have more than .05 percent of the total annual passenger boardings
in the United States..
§ 47110. Allowable project costs
(a) GENERAL AUTHORITY.—Except as provided in section 47111 of this
title, the United States Government may pay or be obligated to pay, from
amounts appropriated to carry out this subchapter, a cost incurred in carry-
ing out a project under this subchapter only if the Secretary of Transpor-
tation decides the cost is allowable.
(b) ALLOWABLE COST STANDARDS.—A project cost is allowable—
(1) if the cost necessarily is incurred in carrying out the project in
compliance with the grant agreement made for the project under this
subchapter, including any cost a sponsor incurs related to an audit the
Secretary requires under section 47121(b) or (d) of this title;
(2) if the cost is incurred—
(A) after the grant agreement is executed and is for airport devel-
opment or airport planning carried out after the grant agreement
is executed; or
(B) after June 1, 1989, by the airport operator (regardless of
when the grant agreement is executed) as part of a Government-ap-
proved noise compatibility program (including project formulation
costs) and is consistent with all applicable statutory and adminis-
trative requirements;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for airport development or
airport planning for which other Government assistance has been grant-
ed; and
(5) if the total costs allowed for the project are not more than the
amount stated in the grant agreement as the maximum the Government
will pay (except as provided in section 47108(b) of this title).
(c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary may de-
cide that a project cost under subsection (b)(2)(A) of this section incurred
622
after May 13, 1946, and before the date the grant agreement is executed is
allowable if it is—
(1) necessarily incurred in formulating an airport development
project, including costs incurred for field surveys, plans and specifica-
tions, property interests in land or airspace, and administration or other
incidental items that would not have been incurred except for the project;
or
(2) necessarily and directly incurred in developing the work scope of
an airport planning project.
(d) TERMINAL DEVELOPMENT COSTS.—(1) The Secretary may decide that
the cost of terminal development (including multi-modal terminal develop-
ment) in a nonrevenue-producing public-use area of a commercial service air-
port is allowable for an airport development project at the airport—
(A) if the sponsor certifies that the airport, on the date the grant ap-
plication is submitted to the Secretary, has—
(i) all the safety equipment required for certification of the air-
port under section 44706 of this title;
(ii) all the security equipment required by regulation; and
(iii) provided for access, to the area of the airport for passengers
for boarding or exiting aircraft, to those passengers boarding or
exiting aircraft, except air carrier aircraft;
(B) if the cost is directly related to moving passengers and baggage
in air commerce within the airport, including vehicles for moving pas-
sengers between terminal facilities and between terminal facilities and
aircraft; and
(C) under terms necessary to protect the interests of the Government.
(2) In making a decision under paragraph (1) of this subsection, the Sec-
retary may approve as allowable costs the expenses of terminal development
in a revenue-producing area and construction, reconstruction, repair, and im-
provement in a nonrevenue-producing parking lot if—
(A) the airport does not have more than .05 percent of the total an-
nual passenger boardings in the United States; and
(B) the sponsor certifies that any needed airport development project
affecting safety, security, or capacity will not be deferred because of the
Secretary’s approval.
(e) LETTERS OF INTENT.—(1) The Secretary may issue a letter of intent
to the sponsor stating an intention to obligate from future budget authority
an amount, not more than the Government’s share of allowable project costs,
for an airport development project (including costs of formulating the project)
at a primary or reliever airport. The letter shall establish a schedule under
which the Secretary will reimburse the sponsor for the Government’s share of
623
allowable project costs, as amounts become available, if the sponsor, after the
Secretary issues the letter, carries out the project without receiving amounts
under this subchapter.
(2) Paragraph (1) of this subsection applies to a project—
(A) about which the sponsor notifies the Secretary, before the project
begins, of the sponsor’s intent to carry out the project;
(B) that will comply with all statutory and administrative require-
ments that would apply to the project if it were carried out with
amounts made available under this subchapter; and
(C) the Secretary decides will enhance system-wide airport capacity
significantly and meets the criteria of section 47115(d) of this title.
(3) A letter of intent issued under paragraph (1) of this subsection is not
an obligation of the Government under section 1501 of title 31, and the letter
is not deemed to be an administrative commitment for financing. An obliga-
tion or administrative commitment may be made only as amounts are pro-
vided in authorization and appropriation laws.
(4) The total estimated amount of future Government obligations covered
by all outstanding letters of intent under paragraph (1) of this subsection
may not be more than the amount authorized to carry out section 48103 of
this title, less an amount reasonably estimated by the Secretary to be needed
for grants under section 48103 that are not covered by a letter.
(5) A letter of intent issued under paragraph (1) of this subsection may
not condition the obligation of amounts on the imposition of a passenger fa-
cility fee.
(f) NONALLOWABLE COSTS.—Except as provided in subsection (d) of this
section and section 47118(f) of this title, a cost is not an allowable airport
development project cost if it is for—
(1) constructing a public parking facility for passenger automobiles;
(2) constructing, altering, or repairing part of an airport building, ex-
cept to the extent the building will be used for facilities or activities di-
rectly related to the safety of individuals at the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art works.
§ 47111. Payments under project grant agreements
(a) GENERAL AUTHORITY.—After making a project grant agreement under
this subchapter and consulting with the sponsor, the Secretary of Transpor-
tation may decide when and in what amounts payments under the agreement
will be made. Payments totaling not more than 90 percent of the United
States Government’s share of the project’s estimated allowable costs may be
made before the project is completed if the sponsor certifies to the Secretary
that the total amount expended from the advance payments at any time will
624
not be more than the cost of the airport development work completed on the
project at that time.
(b) RECOVERING PAYMENTS.—If the Secretary determines that the total
amount of payments made under a grant agreement under this subchapter
is more than the Government’s share of the total allowable project costs, the
Government may recover the excess amount. If the Secretary finds that a
project for which an advance payment was made has not been completed
within a reasonable time, the Government may recover any part of the ad-
vance payment for which the Government received no benefit.
(c) PAYMENT DEPOSITS.—A payment under a project grant agreement
under this subchapter may be made only to an official or depository des-
ignated by the sponsor and authorized by law to receive public money.
(d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold a pay-
ment under a grant agreement under this subchapter for more than 180 days
after the payment is due only if the Secretary—
(A) notifies the sponsor and provides an opportunity for a hearing;
and
(B) finds that the sponsor has violated the agreement.
(2) The 180-day period may be extended by—
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary
because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding
a payment may apply for review of the order by filing a petition in the Unit-
ed States Court of Appeals for the District of Columbia Circuit or in the court
of appeals of the United States for the circuit in which the project is located.
The petition must be filed not later than 60 days after the order is served
on the petitioner.
§ 47112. Carrying out airport development projects
(a) CONSTRUCTION WORK.—The Secretary of Transportation may inspect
and approve construction work for an airport development project carried out
under a grant agreement under this subchapter. The construction work must
be carried out in compliance with regulations the Secretary prescribes. The
regulations shall require the sponsor to make necessary cost and progress re-
ports on the project. The regulations may amend or modify a contract related
to the project only if the contract was made with actual notice of the regula-
tions.
(b) PREVAILING WAGES.—A contract for more than $2,000 involving labor
for an airport development project carried out under a grant agreement under
this subchapter must require contractors to pay labor minimum wage rates
as determined by the Secretary of Labor under the Act of March 3, 1931
625
(known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). The minimum
rates must be included in the bids for the work and in the invitation for those
bids.
(c) VETERANS’ PREFERENCE.—(1) In this subsection—
(A) ‘‘disabled veteran’’ has the same meaning given that term in sec-
tion 2108 of title 5.
(B) ‘‘Vietnam-era veteran’’ means an individual who served on active
duty (as defined in section 101 of title 38) in the armed forces for more
than 180 consecutive days, any part of which occurred after August 4,
1964, and before May 8, 1975, and who was separated from the armed
forces under honorable conditions.
(2) A contract involving labor for carrying out an airport development
project under a grant agreement under this subchapter must require that pref-
erence in the employment of labor (except in executive, administrative, and
supervisory positions) be given to Vietnam-era veterans and disabled veterans
when they are available and qualified for the employment.
§ 47113. Minority and disadvantaged business participation
(a) DEFINITIONS.—In this section—
(1) ‘‘small business concern’’—
(A) has the same meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632); but
(B) does not include a concern, or group of concerns controlled
by the same socially and economically disadvantaged individual,
that has average annual gross receipts over the prior 3 fiscal years
of more than $16,015,000, as adjusted by the Secretary of Transpor-
tation for inflation.
(2) ‘‘socially and economically disadvantaged individual’’ has the
same meaning given that term in section 8(c) of the Act (15 U.S.C.
637(c)) and relevant subcontracting regulations prescribed under section
8(c), except that women are presumed to be socially and economically
disadvantaged.
(b) GENERAL REQUIREMENT.—Except to the extent the Secretary decides
otherwise, at least 10 percent of amounts available in a fiscal year under sec-
tion 48103 of this title shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged individuals.
(c) UNIFORM CRITERIA.—The Secretary shall establish minimum uniform
criteria for State governments and airport sponsors to use in certifying
whether a small business concern qualifies under this section. The criteria
shall include on-site visits, personal interviews, licenses, analyses of stock
ownership and bonding capacity, listings of equipment and work completed,
resumes of principal owners, financial capacity, and type of work preferred.
626
(d) SURVEYS AND LISTS.—Each State or airport sponsor annually shall
survey and compile a list of small business concerns referred to in subsection
(b) of this section and the location of each concern in the State.
§ 47114. Apportionments
(a) DEFINITION.—In this section, ‘‘amount subject to apportionment’’
means the amount newly made available under section 48103 of this title for
a fiscal year.
(b) APPORTIONMENT DATE.—On the first day of each fiscal year, the Sec-
retary of Transportation shall apportion the amount subject to apportionment
for that fiscal year as provided in this section.
(c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary shall ap-
portion to the sponsor of each primary airport for each fiscal year an amount
equal to—
(i) $7.80 for each of the first 50,000 passenger boardings at the airport
during the prior calendar year;
(ii) $5.20 for each of the next 50,000 passenger boardings at the air-
port during the prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings at the air-
port during the prior calendar year; and
(iv) $.65 for each additional passenger boarding at the airport during
the prior calendar year.
(B) Not less than $400,000 nor more than $22,000,000 may be apportioned
under subparagraph (A) of this paragraph to an airport sponsor for a pri-
mary airport for each fiscal year.
(2)(A) The Secretary shall apportion to the sponsors of airports served by
aircraft providing air transportation of only cargo with a total annual land-
ed weight of more than 100,000,000 pounds for each fiscal year an amount
equal to 3.5 percent of the amount subject to apportionment each year, allo-
cated among those airports in the proportion that the total annual landed
weight of those aircraft landing at each of those airports bears to the total
annual landed weight of those aircraft landing at all those airports. However,
not more than 8 percent of the amount apportioned under this paragraph
may be apportioned for any one airport.
(B) Landed weight under subparagraph (A) of this paragraph is the landed
weight of aircraft landing at each of those airports and all those airports dur-
ing the prior calendar year.
(3) The total of all amounts apportioned under paragraphs (1) and (2) of
this subsection may not be more than 44 percent of the amount subject to ap-
portionment for a fiscal year. If this paragraph requires reduction of an
amount that otherwise would be apportioned under this subsection, the Sec-
retary shall reduce proportionately the amount apportioned to each sponsor
627
of an airport under paragraphs (1) and (2) until the 44 percent limit is
achieved.
(d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection—
(A) ‘‘area’’ includes land and water.
(B) ‘‘population’’ means the population stated in the latest decennial
census of the United States.
(2) The Secretary shall apportion to the States 12 percent of the amount
subject to apportionment for each fiscal year as follows:
(A) one percent of the apportioned amount to Guam, American
Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and the Virgin Islands.
(B) except as provided in paragraph (3) of this subsection, 49.5 per-
cent of the apportioned amount for airports, except primary airports
and airports described in section 47117(e)(1)(C) of this title, in States
not named in clause (A) of this paragraph in the proportion that the
population of each of those States bears to the total population of all of
those States.
(C) except as provided in paragraph (3) of this subsection, 49.5 per-
cent of the apportioned amount for airports, except primary airports
and airports described in section 47117(e)(1)(C) of this title, in States
not named in clause (A) of this paragraph in the proportion that the
area of each of those States bears to the total area of all of those States.
(3) An amount apportioned under paragraph (2) of this subsection for an
airport in—
(A) Alaska may be made available by the Secretary for a public air-
port described in section 47117(e)(1)(C)(ii) of this title to which section
15(a)(3)(A)(II) of the Airport and Airway Development Act of 1970 ap-
plied during the fiscal year that ended September 30, 1981; and
(B) Puerto Rico may be made available by the Secretary for a pri-
mary airport and an airport described in section 47117(e)(1)(C) of this
title.
(e) ALTERNATIVE APPORTIONMENT FOR ALASKA.—(1) Instead of appor-
tioning amounts for airports in Alaska under subsections (c) and (d) of this
section, the Secretary may apportion amounts for those airports in the way
in which amounts were apportioned in the fiscal year ending September 30,
1980, under section 15(a) of the Act. However, in apportioning amounts for
a fiscal year under this subsection, the Secretary shall apportion—
(A) for each primary airport at least as much as would be appor-
tioned for the airport under subsection (c)(1) of this section; and
628
(B) a total amount at least equal to the minimum amount required
to be apportioned to airports in Alaska in the fiscal year ending Septem-
ber 30, 1980, under section 15(a)(3)(A) of the Act.
(2) This subsection does not prohibit the Secretary from making project
grants for airports in Alaska from the discretionary fund under section 47115
of this title.
(3) Airports referred to in this subsection include those public airports that
received scheduled service as of September 3, 1982, but were not apportioned
amounts in the fiscal year ending September 30, 1980, under section 15(a)
of the Act because the airports were not under the control of a State or local
public agency.
(f) REDUCING APPORTIONMENTS.—An amount that would be apportioned
under this section (except subsection (c)(2)) in a fiscal year to the sponsor
of an airport having at least .25 percent of the total number of boardings each
year in the United States and for which a fee is imposed in the fiscal year
under section 40117 of this title shall be reduced by an amount equal to 50
percent of the projected revenues from the fee in the fiscal year but not by
more than 50 percent of the amount that otherwise would be apportioned
under this section.
§ 47115. Discretionary fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transportation
has a discretionary fund. The fund consists of—
(1) amounts subject to apportionment for a fiscal year that are not
apportioned under section 47114(c)–(e) of this title; and
(2) 25 percent of amounts not apportioned under section 47114 of this
title because of section 47114(f).
(b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of this section
and section 47117(e) of this title, the fund is available for making grants for
any purpose for which amounts are made available under section 48103 of
this title that the Secretary considers most appropriate to carry out this sub-
chapter. However, 50 percent of amounts not apportioned under section 47114
of this title because of section 47114(f) and added to the fund is available for
making grants for projects at small hub airports (as defined in section 41731
of this title).
(c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIRPORTS.—At
least 75 percent of the amount in the fund and distributed by the Secretary
in a fiscal year shall be used for making grants—
(1) to preserve and enhance capacity, safety, and security at primary
and reliever airports; and
(2) to carry out airport noise compatibility planning and programs
at primary and reliever airports.
629
(d) CONSIDERATIONS.—In selecting a project for a grant to preserve and
enhance capacity as described in subsection (c)(1) of this section, the Sec-
retary shall consider—
(1) the effect the project will have on the overall national air transpor-
tation system capacity;
(2) the project benefit and cost; and
(3) the financial commitment from non-United States Government
sources to preserve or enhance airport capacity.
(e) WAIVING PERCENTAGE REQUIREMENT.—If the Secretary decides the
Secretary cannot comply with the percentage requirement of subsection (c) of
this section in a fiscal year because there are insufficient qualified grant ap-
plications to meet that percentage, the amount the Secretary determines will
not be distributed as required by subsection (c) is available for obligation dur-
ing the fiscal year without regard to the requirement.
§ 47116. Small airport fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transportation
has a small airport fund. The fund consists of 75 percent of amounts not ap-
portioned under section 47114 of this title because of section 47114(f).
(b) DISTRIBUTION OF AMOUNTS.—The Secretary may distribute amounts
in the fund in each fiscal year for any purpose for which amounts are made
available under section 48103 of this title as follows:
(1) one-third for grants to sponsors of public-use airports (except com-
mercial service airports).
(2) two-thirds for grants to sponsors of each commercial service air-
port that each year has less than .05 percent of the total boardings in
the United States in that year.
(c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICIPATION
IN BLOCK GRANT PILOT PROGRAM.—An airport in a State participating in
the State block grant pilot program under section 47128 of this title may re-
ceive a grant under this section to the same extent the airport may receive
a grant if the State were not participating in the program.
§ 47117. Use of apportioned amounts
(a) GRANT PURPOSE.—Except as provided in this section, an amount ap-
portioned under section 47114(c)(1) or (d)(2) of this title is available for
making grants for any purpose for which amounts are made available under
section 48103 of this title.
(b) PERIOD
OF AVAILABILITY.—An amount apportioned under section
47114 of this title is available to be obligated for grants under the apportion-
ment only during the fiscal year for which the amount was apportioned and
the 2 fiscal years immediately after that year. If the amount is not obligated
630
under the apportionment within that time, it shall be added to the discre-
tionary fund.
(c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor of a
primary airport under section 47114(c)(1) of this title is available for grants
for any public-use airport of the sponsor included in the national plan of in-
tegrated airport systems.
(2) A sponsor of a primary airport may make an agreement with the Sec-
retary of Transportation waiving any part of the amount apportioned for the
airport under section 47114(c)(1) of this title if the Secretary makes the
waived amount available for a grant for another public-use airport in the
same State or geographical area as the primary airport.
(d) STATE USE.—An amount apportioned to a State under—
(1) section 47114(d)(2)(A) of this title is available for grants for air-
ports located in the State; and
(2) section 47114(d)(2)(B) or (C) of this title is available for grants
for airports described in section 47114(d)(2)(B) or (C) and located in
the State.
(e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary shall use
amounts made available under section 48103 of this title for each fiscal year
as follows:
(A) at least 10 percent for grants for reliever airports.
(B) at least 12.5 percent for grants for airport noise compatibility
planning under section 47505(a)(2) of this title and for carrying out
noise compatibility programs under section 47504(c)(1) of this title.
(C) at least 2.5 percent for grants for—
(i) nonprimary commercial service airports; and
(ii) public airports (except commercial service airports) that were
eligible for United States Government assistance from amounts ap-
portioned under section 15(a)(3) of the Airport and Airway Devel-
opment Act of 1970, and to which section 15(a)(3)(A)(I) or (II) of
the Act applied during the fiscal year that ended September 30,
1981.
(D) at least .5 percent for integrated airport system planning grants
to planning agencies designated by the Secretary and authorized by the
laws of a State or political subdivision of a State to do planning for
an area of the State or subdivision in which a grant under this chapter
is to be used.
(E) at least 2.25 percent for the fiscal year ending September 30,
1993, and at least 2.5 percent for each of the fiscal years ending Septem-
ber 30, 1994, and 1995, to sponsors of current or former military air-
ports designated by the Secretary under section 47118(a) of this title for
631
grants for developing current and former military airports to improve
the capacity of the national air transportation system.
(2) A grant from the amount apportioned under section 47114(e) of this
title may not be included as part of the 2.5 percent required to be used for
grants under paragraph (1)(C) of this subsection.
(3) If the Secretary decides that an amount required to be used for grants
under paragraph (1) of this subsection cannot be used for a fiscal year be-
cause there are insufficient qualified grant applications, the amount the Sec-
retary determines cannot be used is available during the fiscal year for grants
for other airports or for other purposes for which amounts are authorized for
grants under section 48103 of this title.
(f) LIMITATION FOR COMMERCIAL SERVICE AIRPORT IN ALASKA.—The Sec-
retary may not make a grant for a commercial service airport in Alaska of
more than 110 percent of the amount apportioned for the airport for a fiscal
year under section 47114(e) of this title.
(g) DISCRETIONARY USE OF APPORTIONMENTS.—(1) Subject to paragraph
(2) of this subsection, if the Secretary finds, based on the notices the Secretary
receives under section 47105(e) of this title or otherwise, that an amount ap-
portioned under section 47114 of this title will not be used for grants during
a fiscal year, the Secretary may use an equal amount for grants during that
fiscal year for any of the purposes for which amounts are authorized for
grants under section 48103 of this title.
(2) The Secretary may make a grant under paragraph (1) of this sub-
section only if the Secretary decides that—
(A) the total amount used for grants for the fiscal year under section
48103 of this title will not be more than the amount made available
under section 48103 for that fiscal year; and
(B) the amounts authorized for grants under section 48103 of this title
for later fiscal years are sufficient for grants of the apportioned amounts
that were not used for grants under the apportionment during the fiscal
year and that remain available under subsection (b) of this section.
(h) LIMITING AUTHORITY OF SECRETARY.—The authority of the Secretary
to make grants during a fiscal year from amounts that were apportioned for
a prior fiscal year and remain available for approved airport development
project grants under subsection (b) of this section may be impaired only by
a law enacted after September 3, 1982, that expressly limits that authority.
§ 47118. Designating current and former military airports
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall des-
ignate not more than 12 current or former military airports for which grants
may be made under section 47117(e)(1)(E) of this title.
632
(b) SURVEY.—Not later than September 30, 1991, the Secretary shall com-
plete a survey of current and former military airports to identify which air-
ports have the greatest potential to improve the capacity of the national air
transportation system. The survey shall identify the capital development needs
of those airports to make them part of the system and which of those qualify
for grants under section 47104 of this title.
(c) CONSIDERATIONS.—In carrying out this section, the Secretary shall
consider only current or former military airports that, when at least partly
converted to civilian commercial or reliever airports as part of the national
air transportation system, will enhance airport and air traffic control system
capacity in major metropolitan areas and reduce current and projected flight
delays.
(d) GRANTS.—Grants under section 47117(e)(1)(E) of this title may be
made for an airport designated under subsection (a) of this section for the
5 fiscal years following the designation. If an airport does not have a level
of passengers getting on aircraft during that 5-year period that qualifies the
airport as a small hub airport (as defined on January 1, 1990) or reliever
airport, the Secretary may redesignate the airport for grants for additional
fiscal years that the Secretary decides.
(e) TERMINAL BUILDING FACILITIES.—Notwithstanding section 47109(c) of
this title, not more than $5,000,000 for each airport from amounts the Sec-
retary distributes under section 47115 of this title for a fiscal year is avail-
able to the sponsor of a current or former military airport the Secretary des-
ignates under this section to construct, improve, or repair a terminal building
facility, including terminal gates used for revenue passengers getting on or
off aircraft. A gate constructed, improved, or repaired under this subsection—
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f) PARKING LOTS, FUEL FARMS, AND UTILITIES.—Not more than a total
of $4,000,000 for each airport from amounts the Secretary distributes under
section 47115 of this title for the fiscal years ending September 30, 1993–
1995, is available to the sponsor of a current or former military airport the
Secretary designates under this section to construct, improve, or repair air-
port surface parking lots, fuel farms, and utilities.
§ 47119. Terminal development costs
(a) REPAYING BORROWED MONEY.—An amount apportioned under section
47114 of this title and made available to the sponsor of an air carrier airport
at which terminal development was carried out after June 30, 1970, and be-
fore July 12, 1976, is available to repay immediately money borrowed and
used to pay the costs for terminal development at the airport, if those costs
would be allowable project costs under section 47110(d) of this title if they
633
had been incurred after September 3, 1982. An amount is available for a
grant under this subsection—
(1) only if—
(A) the sponsor submits the certification required under section
47110(d) of this title;
(B) the Secretary of Transportation decides that using the
amount to repay the borrowed money will not defer an airport de-
velopment project outside the terminal area at that airport; and
(C) amounts available for airport development under this sub-
chapter will not be used for additional terminal development
projects at the airport for at least 3 years beginning on the date
the grant is used to repay the borrowed money; and
(2) subject to the limitations in subsection (b)(1) and (2) of this sec-
tion.
(b) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary may make
available—
(1) to a sponsor of a primary airport, any part of amounts appor-
tioned to the sponsor for the fiscal year under section 47114(c)(1) of this
title to pay project costs allowable under section 47110(d) of this title;
(2) to a sponsor of a nonprimary commercial service airport, not more
than $200,000 of the amount that may be distributed for the fiscal year
from the discretionary fund to pay project costs allowable under section
47110(d) of this title; or
(3) not more than $25,000,000 to pay project costs allowable for the
fiscal year under section 47110(d) of this title for projects at commercial
service airports that were not eligible for assistance for terminal develop-
ment during the fiscal year ending September 30, 1980, under section
20(b) of the Airport and Airway Development Act of 1970.
§ 47120. Grant priority
In making a grant under this subchapter, the Secretary of Transportation
may give priority to a project that is consistent with an integrated airport
system plan.
§ 47121. Records and audits
(a) RECORDS.—A sponsor shall keep the records the Secretary of Transpor-
tation requires. The Secretary may require records—
(1) that disclose—
(A) the amount and disposition by the sponsor of the proceeds of
the grant;
(B) the total cost of the plan or program for which the grant is
given or used; and
634
(C) the amounts and kinds of costs of the plan or program pro-
vided by other sources; and
(2) that make it easier to carry out an audit.
(b) AUDITS AND EXAMINATIONS.—The Secretary and the Comptroller Gen-
eral may audit and examine records of a sponsor that are related to a grant
made under this subchapter.
(c) AUTHORITY OF COMPTROLLER GENERAL.—When an independent audit
is made of the accounts of a sponsor under this subchapter related to the dis-
position of the proceeds of the grant or related to the plan or program for
which the grant was given or used, the sponsor shall submit a certified copy
of the audit to the Comptroller General not more than 6 months after the end
of the fiscal year for which the audit was made. Not later than April 15 of
each year, the Comptroller General shall report to Congress describing the re-
sults of each audit conducted or reviewed by the Comptroller General under
this section during the prior fiscal year. The Comptroller General shall pre-
scribe regulations necessary to carry out this subsection.
(d) AUDIT REQUIREMENT.—The Secretary may require a sponsor to con-
duct an appropriate audit as a condition for receiving a grant under this
subchapter.
(e) ANNUAL REVIEW.—The Secretary shall review annually the record-
keeping and reporting requirements under this subchapter to ensure that they
are the minimum necessary to carry out this subchapter.
(f) WITHHOLDING INFORMATION FROM CONGRESS.—This section does not
authorize the Secretary or the Comptroller General to withhold information
from a committee of Congress authorized to have the information.
§ 47122. Administrative
(a) GENERAL.—The Secretary of Transportation may take action the Sec-
retary considers necessary to carry out this subchapter, including conducting
investigations and public hearings, prescribing regulations and procedures,
and issuing orders.
(b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In conducting
an investigation or public hearing under this subchapter, the Secretary has
the same authority the Secretary has under section 46104 of this title. An ac-
tion of the Secretary in exercising that authority is governed by the proce-
dures specified in section 46104 and shall be enforced as provided in section
46104.
§ 47123. Nondiscrimination
The Secretary of Transportation shall take affirmative action to ensure that
an individual is not excluded because of race, creed, color, national origin,
or sex from participating in an activity carried out with money received
under a grant under this subchapter. The Secretary shall prescribe regulations