566
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
authority the Secretary of Transportation grants under this part to an air
carrier or foreign air carrier.
§ 44908. Travel advisory and suspension of foreign assist-
ance
(a) TRAVEL ADVISORIES.—On being notified by the Secretary of Trans-
portation 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 for-
eign airport that the Secretary of Transportation has decided under section
44907 of this title does not maintain and carry out effective security meas-
ures, the Secretary 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
provided 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
terrorist threat country. The President may waive this subsection if the
President decides, and reports to Congress, that the waiver is required be-
cause of national 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
passenger manifest for a flight to an appropriate representative of the Sec-
retary of State—
(A) not later than one hour after that carrier is notified of an avia-
tion disaster outside the United States involving that flight; or
567
(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
United 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 intel-
ligence community, the Secretary of Transportation, and the Administrator
of the Federal Aviation Administration.
568
(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
Secretary, the Director of Central Intelligence shall designate at least one
intelligence 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
Aviation Administration shall establish and carry out a program to acceler-
ate and expand the research, development, and implementation of tech-
nologies 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 challenges presented by terrorism. The program shall include
research on, and development of, technological improvements and ways to
enhance human performance.
(2) In designing and carrying out the program established under this sub-
section, the Administrator shall—
(A) consult and coordinate activities with other departments, agen-
cies, and instrumentalities of the United States Government doing
similar research;
(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
Administrator 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
described in paragraph (1) of this subsection, and fix the amounts and
terms of the grants; and
569
(B) make cooperative agreements with governmental authorities the
Administrator decides are appropriate.
(b) REVIEW OF THREATS.—(1) The Administrator shall complete an in-
tensive 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
material that can cause, or would reasonably be expected to cause, cat-
astrophic 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
reasonably 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
destroy 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
scientific 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
programs to detect and prevent catastrophic damage to commercial aircraft
by the next generation of terrorist weapons. The panel shall consist of indi-
viduals with scientific and technical expertise in—
(1) the development and testing of effective explosive detection sys-
tems;
(2) aircraft structure and experimentation to decide on the type and
minimum weights of explosives that an effective technology must be ca-
pable of detecting;
(3) technologies involved in minimizing airframe damage to aircraft
from explosives; and
(4) other scientific and technical areas the Administrator considers
appropriate.
570
§ 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 re-
quired only if the Administrator of the Federal Aviation Administration cer-
tifies that the equipment alone, or as part of an integrated system, can de-
tect under realistic air carrier operating conditions the amounts, configura-
tions, and types of explosive material that would likely be used to cause cat-
astrophic damage to commercial aircraft. The Administrator shall base the
certification on the results 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
deployment of explosive detection equipment described in paragraph (1) if
the Administrator decides that deployment will enhance aviation security
significantly. In making that decision, the Administrator shall consider fac-
tors 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, configurations, and types of explosive material that would likely
be used to cause catastrophic damage to commercial aircraft. The Adminis-
trator shall notify the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Public Works and Transpor-
tation of the House of Representatives 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
continue the Explosive Detection K-9 Team Training Program to detect ex-
plosives 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 construc-
tion to allow for maximum security enhancement. In developing the guide-
lines, the Administrator shall consider the results of the assessment carried
out under section 44904(a) of this title.
571
§ 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 prop-
erty 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
public.
§ 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-
related activities;
572
(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 du-
ties and powers;
(6) assess threats to civil aviation; and
(7) carry out other duties and powers the Administrator considers
appropriate.
(c) REVIEW
AND DEVELOPMENT
OF WAYS TO STRENGTHEN SECU-
RITY.—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 transpor-
tation, 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 Adminis-
trator of the Federal Aviation Administration shall establish the position of
Federal Security Manager at each airport in the United States at which the
Administrator decides a Manager is necessary for air transportation secu-
rity. The Administrator 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 secu-
rity plan for the airport that—
(A) establishes the responsibilities of each air carrier and air-
port 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
individuals responsible for carrying out those measures;
573
(3) oversee and enforce the carrying out by air carriers and airport
operators of United States Government security requirements, includ-
ing 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 Adminis-
trator 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 transpor-
tation security. In coordination with the Secretary of State, the Adminis-
trator shall designate an Officer for each of those airports. In coordination
with the Secretary, the Administrator shall designate an Officer for each of
those airports where extraordinary security measures are in place. The Sec-
retary shall give high priority to stationing those Officers.
(b) DUTIES AND POWERS.—An Officer reports directly to the Assistant
Administrator for Civil Aviation Security. The Officer at each airport
shall—
(1) serve as the liaison of the Assistant Administrator to foreign se-
curity authorities (including governments of foreign countries and for-
eign airport authorities) in carrying out United States Government se-
curity 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 mission to a foreign country under section 103 of the Omnibus Diplo-
matic Security 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 Avia-
tion Administration shall prescribe standards for the employment and con-
574
tinued employment of, and contracting for, air carrier personnel and, as ap-
propriate, 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 re-
view issues related to human performance in the aviation security system
to maximize that performance. When the review is completed, the Adminis-
trator shall recommend guidelines and prescribe appropriate changes in ex-
isting procedures to improve that performance.
(c) SECURITY
PROGRAM
TRAINING, STANDARDS, 
AND
QUALIFICA-
TIONS.—(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 mini-
mum 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 COORDINA-
TORS, SUPERVISORY PERSONNEL, AND PILOTS.—(1) The Administrator
shall prescribe 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 coordina-
tors and security supervisory personnel.
§ 44936. Employment investigations and restrictions
(a) EMPLOYMENT INVESTIGATION REQUIREMENT.—(1) The Adminis-
trator 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
transportation security, of each individual employed in, or applying for, a
575
position in which the individual has unescorted access, or may permit other
individuals 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 in-
vestigation 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 indi-
vidual 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 con-
victed 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
prohibit the employment of an individual in a position described in sub-
section (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 inves-
576
tigation required under this section, if the Administrator approves a plan
to employ the individual that provides alternate security arrangements.
(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If the
Administrator 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 finger-
prints and submit those fingerprints to the Attorney General. The Attorney
General may make the results of a check available to an individual the Ad-
ministrator designates. Before designating an individual to obtain and sub-
mit fingerprints or receive results of a check, the Administrator shall con-
sult 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
General; 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 car-
rying 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 expenses were incurred and are available to the Administrator
and the Attorney General for those expenses.
(e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—This
section does not require an investigation or record check when the investiga-
tion 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.
577
§ 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 ap-
propriate. The report shall be prepared in conjunction with the annual re-
port the Administrator of the Federal Aviation Administration submits
under subsection (b) of this section, but may not duplicate the information
submitted under subsection (b) or section 44907(a)(3) of this title. The Sec-
retary may submit the report in classified and unclassified parts. The report
shall include—
(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 re-
quired 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 Gov-
ernment;
(5) an evaluation of cooperation with foreign transportation and se-
curity authorities;
(6) the status of the extent to which the recommendations of the
President’s Commission on Aviation Security and Terrorism have been
carried 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
Security 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
section 44907(a)(1) and (2) of this title; and
578
(3) that includes an assessment of the steps being taken, and the
progress being made, in ensuring compliance with section 44906 of this
title for each foreign air carrier security program at airports outside
the United States—
(A) at which the Administrator decides that Foreign Security
Liaison 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 occur-
ring, in carrying out section 44904 of this title. The report shall include
recommendations 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 sec-
tion 102 of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802) specified by the Administrator of the Federal Avia-
tion Administration.
§ 45102. Alcohol and controlled substances testing programs
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR
CARRIERS.—(1) In the interest of aviation safety, the Administrator of the
Federal Aviation Administration shall prescribe regulations not later than
October 28, 1992, that establish a program requiring air carriers and for-
eign air carriers to conduct preemployment, reasonable suspicion, random,
and post-accident testing of airmen, crewmembers, airport security screen-
ing contract personnel, and other air carrier employees responsible for
safety-sensitive functions (as decided by the Administrator) for the use of
alcohol or a controlled substance in violation of law or a United States Gov-
ernment regulation.
(2) When the Administrator considers it appropriate in the interest of
safety, the Administrator may prescribe regulations for conducting periodic
recurring testing of airmen, crewmembers, airport security screening con-
tract personnel, and other air carrier employees responsible for safety-sen-
sitive functions for the use of alcohol or a controlled substance in violation
of law or a Government regulation.
579
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS-
TRATION.—(1) 
The 
Administrator 
shall 
establish 
a 
program 
of
preemployment, reasonable suspicion, random, and post-accident testing for
the use of alcohol or a controlled substance in violation of law or a Govern-
ment 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
safety, the Administrator may prescribe regulations for conducting periodic
recurring testing of employees of the Administration responsible for safety-
sensitive 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
substance 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
violation of law or a United States Government regulation and serve as an
airman, crewmember, airport security screening contract employee, air car-
rier employee responsible for safety-sensitive functions (as decided by the
Administrator of the Federal Aviation Administration), or employee of the
Administration with responsibility for safety-sensitive functions.
(b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwithstand-
ing 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
Government regulation may serve as an airman, crewmember, airport secu-
rity screening contract employee, air carrier employee responsible for safety-
sensitive functions (as decided by the Administrator), or employee of the
Administration with responsibility for safety-sensitive functions only if the
individual 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 Adminis-
trator to have used alcohol or a controlled substance after October 28,
580
1991, in violation 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—
(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 Fed-
eral 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
governing the chain of custody of specimens collected for con-
trolled substances 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
581
be retained in a secure manner to prevent the possibility of tampering,
so that if the individual’s confirmation test results are positive the indi-
vidual has an opportunity to have the retained part tested by a 2d con-
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 infor-
mation (except information about alcohol or a controlled substance) of
employees, except that this clause does not prevent the use of test re-
sults 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 treat-
ed differently from other employees in similar circumstances.
§ 45105. Rehabilitation
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR
CARRIERS.—The Administrator of the Federal Aviation Administration shall
prescribe regulations establishing requirements for rehabilitation programs
that at least provide for the identification and opportunity for treatment of
employees 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 en-
couraged 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 participate in a program. This subsection does not prevent an air carrier
or foreign air carrier from establishing a program under this subsection in
cooperation with another air carrier or foreign air carrier.
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS-
TRATION.—The Administrator shall establish and maintain a rehabilitation
program that at least provides for the identification and opportunity for
treatment of employees of the Administration whose duties include respon-
sibility for safety-sensitive functions who need assistance in resolving prob-
lems with the use of alcohol or a controlled substance.
582
§ 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 in-
consistent with regulations prescribed under this chapter. However, a regu-
lation prescribed under this chapter does not preempt a State criminal law
that imposes sanctions for reckless conduct leading to loss of life, injury,
or damage to property.
(b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In pre-
scribing regulations under this chapter, the Administrator of the Federal
Aviation Administration—
(A) shall establish only requirements applicable to foreign air car-
riers that are consistent with international obligations of the United
States; and
(B) shall consider applicable laws and regulations of foreign coun-
tries.
(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 reg-
ulation.
(c) OTHER REGULATIONS ALLOWED.—This section does not prevent the
Administrator 
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, air-
port security screening contract employees, air carrier employees responsible
for safety-sensitive functions (as decided by the Administrator), or employ-
ees 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 Con-
gress only when the fee—
(1)(A) was in effect on January 1, 1973; and
583
(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
Consumers 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,
authorization, certificate, permit, or rating related to an airman or repair
station administered or issued outside the United States.
§ 45302. Fees involving aircraft not providing air transpor-
tation
(a) APPLICATION.—This section applies only to aircraft not used to pro-
vide air transportation.
(b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Administrator of
the Federal Aviation Administration may impose fees to pay for the costs
of issuing airman certificates to pilots and certificates of registration of air-
craft and processing forms for major repairs and alterations of fuel tanks
and fuel systems of aircraft. The following fees may not be more than the
amounts specified:
(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
established 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 expenses 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.
584
46105.
Regulations and orders.
46106.
Enforcement by the Secretary of Transportation and Administrator of the Federal
Aviation 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
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) about a person violating this part
or a requirement prescribed under this part. Except as provided in sub-
section (b) of this section, the Secretary or Administrator shall investigate
the complaint if a reasonable ground appears to the Secretary or Adminis-
trator 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 in-
vestigation, if a reasonable ground appears to the Secretary or Adminis-
trator 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 Administrator finds in an investigation under this subsection that a per-
son is violating this part.
(b) COMPLAINTS AGAINST MEMBERS
OF ARMED FORCES.—The Sec-
retary of Transportation or Administrator shall refer a complaint against
a member of the armed forces of the United States performing official du-
ties to the Secretary 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 complaint, 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 Fed-
eral Aviation Administration with respect to aviation safety duties and pow-
585
ers designated to be carried out by the Administrator) may conduct proceed-
ings in a way conducive to justice and the proper dispatch of business.
(b) APPEARANCE.—A person may appear and be heard before the Sec-
retary and the Administrator in person or by an attorney. The Secretary
may appear and participate as an interested party in a proceeding the Ad-
ministrator 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-
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
officer or employee of the Administration may not participate in a proceed-
ing referred to in subsection (a) of this section in which the individual has
a pecuniary 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 Admin-
istrator 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 Avia-
586
tion Administration with respect to aviation safety duties and powers des-
ignated 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
(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 Sec-
retary or Administrator may petition a court of the United States to enforce
the subpena. A judicial proceeding to enforce a subpena under this section
may be brought in the jurisdiction in which the proceeding or investigation
is conducted. The court may punish a failure to obey an order of the court
to comply 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 sub-
scribed by the deponent. Each deposition shall be filed promptly with the
Secretary or Administrator.
(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 jurisdic-
tion 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
587
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 exe-
cuting, in another country, a commission or letter rogatory issued at the
initiative of the Secretary or Administrator.
(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When des-
ignated by the Secretary or Administrator, an employee appointed under
section 3105 of title 5 may conduct a hearing, subpena witnesses, admin-
ister oaths, examine witnesses, and receive evidence at a place in the United
States the Secretary 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 reg-
ulation 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 Ad-
ministrator) takes effect within a reasonable time prescribed by the Sec-
retary or Administrator. The regulation or order remains in effect under its
own terms or until superseded. Except as provided in this part, the Sec-
retary or Administrator 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 af-
fected 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 proceed-
ing immediately about an emergency under this subsection and give pref-
erence, when practicable, to the proceeding.
§ 46106. Enforcement by the Secretary of Transportation
and Administrator of the Federal Aviation Admin-
istration
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 bring a civil action
588
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
General may bring a civil action in a district court of the United States
against 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 occurred.
(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 reg-
ulation prescribed, or an order or any term of a certificate or permit
issued, 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
participate 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
carrier subject to disapproval by the President under section 41307 or
589
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 Fed-
eral Aviation Administration with respect to aviation safety duties and pow-
ers 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 Appeals 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 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 petition to the Secretary or Administrator, as appropriate. The Sec-
retary or Administrator 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
Administrator 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. Findings 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 Sec-
retary 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.
590
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, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–
41709, 41711, 41712, or 41731–41742, chapter 419, subchapter II of
chapter 421, chapter 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
violating—
(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
violation 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 vio-
lation 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.
591
(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, sec-
tion 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.
(C) a violation of any term of a certificate or permit issued under
section 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 sub-
section—
(A) ‘‘flight engineer’’ means an individual who holds a flight engi-
neer certificate issued under part 63 of title 14, Code of Federal Regu-
lations.
(B) ‘‘mechanic’’ means an individual who holds a mechanic certifi-
cate 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 im-
pose 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 penalty the Administrator initiates if—
(A) the amount in controversy is more than $50,000;
592
(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
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
sanctions to be imposed under this section unless the Board finds an inter-
pretation 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;
593
(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 ap-
peal.
(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.
(e) PENALTY CONSIDERATIONS.—In determining the amount of a civil
penalty under subsection (a)(3) of this section related to transportation of
hazardous 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 lia-
ble for the penalty.
(g) JUDICIAL REVIEW.—An order of the Secretary imposing a civil pen-
alty 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
594
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 Govern-
ment 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 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 individual a concealed dangerous weapon that is or would be acces-
sible to the individual 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 lia-
ble 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
violation 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.
595
(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
Administrator of the Federal Aviation Administration with respect to avia-
tion safety duties and powers designated to be carried out by the Adminis-
trator). A report on the seizure shall be submitted to the Attorney General.
The Attorney 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—
(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 pro-
vide 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;
596
(2) knowingly sells, uses, attempts to use, or possesses with the in-
tent 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 state-
ment or entry;
(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 per-
son does not have proper authorization to operate or navigate the
aircraft without registration for a period of time after transfer of
ownership;
(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 sub-
section, ‘‘controlled substance’’ has the same meaning given that term in
597
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 imprison-
ment for more than one year under a law of the United States or a
State related 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 En-
forcement 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 Ad-
ministrator of Drug Enforcement, and the Commissioner shall agree to a
598
memorandum 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 in-
tent 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
(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 HELP-
ING TO OBTAIN CONCESSIONS AND LOWER PRICES.—An air carrier, for-
eign 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—
599
(1) knowingly and willfully offers, grants, or gives, or causes to be
offered, 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
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, im-
prisoned for not more than 5 years, or both, for intentionally falsifying or
concealing a material fact, or inducing reliance on a false statement of ma-
terial 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,
Administrator, officer, or employee knowingly and willfully discloses infor-
mation 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.
600
(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 re-
lated to the transportation of hazardous material prescribed by the Sec-
retary of Transportation under this part—
(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
Transportation (or the Administrator of the Federal Aviation Administra-
tion with respect to aviation safety duties and powers designated to be car-
ried 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
section 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 com-
mit, 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.
601
§ 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 pro-
vide 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
aircraft 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
(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
related 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
section, when another criminal penalty is not provided under this chapter,
a person that knowingly and willfully violates this part, a regulation pre-
scribed or order issued by 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) 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 viola-
tion 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.
602
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
responsibility 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.
(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
departure 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
individual 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
Safety 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
principal place of business is in the United States or, if the lessee
does not have a principal place of business, whose permanent resi-
dence 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
control 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.
603
§ 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.
(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 air-
craft 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
territory 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 aggravat-
ing factors specified in subsection (c)(2) of this section exists. If the Gov-
ernment does not stipulate, the judge presiding at the trial or accepting the
guilty plea of the individual shall hold a separate hearing to decide on the
punishment to be imposed.
(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;
604
(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 ap-
proval 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
material the judge decides is required to be withheld to protect human life
or national security. Presentence information withheld from the defendant
may not be considered in deciding whether the factors specified in sub-
section (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 crimi-
nal trials. The burden of establishing the existence of a mitigating factor
specified in subsection (c)(1) is on the defendant.
(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
specified in subsection (c) of this section.
(c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may not
impose 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
requirements of law was impaired significantly, but the capacity was
not impaired 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
605
(E) the defendant reasonably could not have foreseen that the con-
duct 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 impris-
onment (committed on different occasions before the time of the
violation) that involved inflicting serious bodily injury on another
individual;
(iii) in committing the violation, the defendant knowingly cre-
ated a grave risk of death to an individual in addition to the indi-
vidual 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 de-
fendant. 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
606
of the member or attendant or lessens the ability of the member or attend-
ant 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, cyl-
inder, 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;
(2) has placed, attempted to place, or attempted to have placed a
loaded 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
individual 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,
authorized 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
informed of the presence of the weapon.
607
§ 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 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) has the apparent determination and will 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.
608
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;
(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 qual-
ity 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 effi-
ciency 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
classes of aircraft; and
(10) that special emphasis should be placed on converting appro-
priate former military air bases to civil use and identifying and improv-
ing additional joint-use facilities.
609
(b) NATIONAL TRANSPORTATION POLICY.—(1) It is a goal of the United
States to develop a national intermodal transportation system that trans-
ports passengers and property in an efficient manner. The future economic
direction of the United States depends on its ability to confront directly the
enormous 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 trans-
ports passengers and property in the most efficient manner. By reducing
transportation 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 develop-
ment.
(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
developing an integrated system that will obtain the optimum yield of Unit-
ed 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 Unit-
ed 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 eco-
nomic activity of the United States takes place.
(8) The United States must make a national commitment to rebuild its
infrastructure through development of a national intermodal transportation
system. The United States must provide the foundation for its industries
to improve productivity and their ability to compete in the global economy
610
with a system that will transport passengers and property in an efficient
manner.
(c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the public
interest 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 air-
ports 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
subchapter should be carried out to provide adequate navigation aids and
airport facilities for places at which scheduled commercial air service is pro-
vided. The facilities provided may include—
(1) reliever airports; and
(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
carried out consistently with a comprehensive airspace system plan, giving
highest priority to commercial service airports, to maximize the use of safety
facilities, 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
runway;
(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.
611
(g) COOPERATION.—To carry out the policy of subsection (a)(5) of this
section, the Secretary of Transportation shall cooperate with State and local
officials 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 de-
veloping airport plans and programs shall be continuing, cooperative, and
comprehensive to the degree appropriate to the complexity of the transpor-
tation 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.
§ 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 Transpor-
tation under section 41102 of this title (except a charter air car-
rier); 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 air-
port 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
airport 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.
612
(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 air-
port;
(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
designed for more than 20 passenger seats;
(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 Admin-
istration prescribes.
(E) relocating after December 31, 1991, an air traffic control
tower and any navigational aid (including radar) if the relocation
613
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,
appropriate 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
located on or near a public-use airport, or a use of land near the air-
port, 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
reduced 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, lo-
cation, and timing of airport development needed in a specific area to
establish a viable, balanced, and integrated system of public-use air-
ports, including—
(A) identifying system needs;
(B) developing an estimate of systemwide development costs;
614
(C) conducting studies, surveys, and other planning actions, in-
cluding those related to airport access, needed to decide which
aeronautical 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
Secretary 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.
(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 land-
ing, 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
615
(ii) determined by the Secretary to have at least 2,500 pas-
senger boardings each year and to receive scheduled pas-
senger 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
subchapter 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 North-
ern 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 devel-
opment the Secretary of Transportation considers necessary to provide a
safe, efficient, and integrated system of public-use airports adequate to an-
ticipate and meet the needs of civil aeronautics, to meet the national defense
requirements 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 limited to meeting the needs of any particular classes or cat-
egories 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 transpor-
tation.
(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 Govern-
ment, with public agencies, and with the aviation community;
(2) consider tall structures that reduce safety or airport capacity;
and
616
(3) make every reasonable effort to address the needs of air cargo
operations, Short Takeoff and Landing/Very Short Takeoff and Land-
ing aircraft operations, and rotary wing aircraft operations.
(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FA-
CILITIES.—To the extent possible, the Secretary of Defense shall make do-
mestic military airports and airport facilities available for civil use. In advis-
ing 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
status 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 Sec-
retary may not incur obligations under subsection (b) of this section, except
for obligations 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—
(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 assur-
ances the Secretary requires.
617
(2) Before deciding to undertake an airport development project at an
airport 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 com-
plies 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
standards prescribed by the Secretary under subsection (b)(3) of this sec-
tion. The Secretary, or the State with the approval of the Secretary, may
revise standards approved under this subsection.
(d) CERTIFICATION
OF COMPLIANCE.—The Secretary may require a
sponsor to certify that the sponsor will comply with this subchapter in car-
rying out the project. The Secretary may rescind the acceptance of a certifi-
cation at any time. This subsection does not affect an obligation or respon-
sibility of the Secretary under another law of the United States.
(e) NOTIFICATION.—The sponsor of an airport for which an amount is
apportioned 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 Trans-
portation may approve an application under this subchapter for a project
grant only if the Secretary is satisfied that—
618
(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 airport is located to plan for the development of the area surround-
ing 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
AP-
PROVAL.—The Secretary may approve an application under this subchapter
for an airport 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 nec-
essary 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 in-
volving 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
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 ad-
vised the communities that they have the right to petition the Sec-
retary 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 reasonable assurance that the project will be located, designed, con-
structed, and operated in compliance with applicable air and water
quality standards, except that the Administrator of the Environmental
619
Protection Agency shall make the certification instead of the chief exec-
utive 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
recreation assets, water and air quality, or another factor affecting the
environment, only after finding that no possible and prudent alternative
to the project exists and that every reasonable step has been taken to
minimize 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 air-
port or runway, or a major runway extension, at an existing airport without
requiring 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 Regula-
tions, to replace existing operations involving aircraft that do not com-
ply 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.
(5) The Secretary may make a finding under paragraph (1)(C) of this
subsection only after completely reviewing the matter. The review and find-
ing 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 in-
volving the construction or extension of a runway at a general aviation air-
port 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
620
project is approved 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 Sec-
retary 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 lo-
cated. 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 air-
port development project only if the Secretary receives written assurances,
satisfactory to the Secretary, that—
(1) the airport will be available for public use on reasonable condi-
tions and without unjust discrimination;
(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
621
obligations substantially similar to those already imposed on air car-
riers 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
services; 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 car-
rier at the airport;
(7) the airport and facilities on or connected with the airport will
be operated and maintained suitably, with consideration given to cli-
matic 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,
airport 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
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 assist-
ance from the United States Government and each of the airport’s fa-
cilities 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 Govern-
ment may be charged a reasonable share, proportionate to the use, of
the cost of operating 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
622
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 Air-
port 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,
utility, 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-
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 replace-
ment to a site acceptable to the Secretary and of restoring
the property or its replacement to the level of safety, utility,
efficiency, and cost of operation that existed before the alter-
ation was made;
623
(17) each contract and subcontract for program management, con-
struction management, planning studies, feasibility studies, architec-
tural services, preliminary engineering, design, engineering, surveying,
mapping, and related services will be awarded in the same way that
a contract 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
written assurances, satisfactory to the Secretary, that local taxes on aviation
fuel (except taxes in effect on December 30, 1987) and the revenues gen-
erated 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 is-
sued 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 support not only the airport but also the general debt obligations
or other facilities of the owner or operator.
(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
624
(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 Sec-
retary 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
interest in the land necessary to ensure that the land will be used
in a way that is compatible with noise levels associated with oper-
ating 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 In-
ternal Revenue Code of 1986 (26 U.S.C. 9502) or, as the Sec-
retary prescribes, 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;
(ii) the disposition will be subject to retaining or reserving an
interest in the land necessary to ensure that the land will be used
in a way that is compatible with noise levels associated with oper-
ating 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 an-
other eligible airport development project the Secretary approves
625
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
Secretary of Transportation may approve an application under this sub-
chapter for an airport development project grant for a privately owned pub-
lic-use airport 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
developed with Government financial assistance under this subchapter.
(e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSINESS
CONCERNS.—(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 Sec-
retary, that the airport owner or operator will take necessary action to en-
sure, to the maximum extent practicable, that at least 10 percent of all
businesses at the airport 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 dis-
advantaged 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
airport 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 busi-
ness activities to which the management contract or subcontract pertains
may not be added to this base.
(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
subsection by including the purchase from disadvantaged business enter-
prises 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 practicable, compliance with the goal through direct owner-
ship arrangements, including joint ventures and franchises.
626
(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 air-
port in the base from which the percentage goal in paragraph (1) is cal-
culated.
(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
requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the govern-
ing 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
disadvantaged 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 participation 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—
(1) subsection (c)(2)(A)(iii) of this section is available to the Sec-
retary 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
627
(B) for use under section 47114(d)(2) of this title at another
airport in the State in which the land was disposed of under sub-
section (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 con-
siders 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 pre-
scribed 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 per-
son, the Secretary of Transportation must—
(1) publish notice of the proposed modification in the Federal Reg-
ister; and
(2) provide an opportunity for comment on the proposal.
(i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When a
sponsor provides a property interest in a land or water area or a building
that the Secretary of Transportation uses to construct a facility at Govern-
ment expense, 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 Govern-
ment in an airport 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)).
(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 lo-
628
cations in Hawaii of duty-free merchandise under a contract between Ha-
waii and a duty-free sales enterprise. However, the revenue resulting during
a Hawaiian 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 incurs for operating all airports it operates and for debt service re-
lated to capital 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
increase attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue in-
creases referred to in this subsection and shall submit the determinations
to the Secretary 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 discretionary 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-
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 para-
629
graph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year be-
ginning 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 spon-
sor a grant to pay the United States Government’s share of the project
costs allowable 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 obligations to be assumed by the sponsor and the maximum
amount the Government will pay for the project from the amounts author-
ized under chapter 481 of this title (except sections 48102(e), 48106,
48107, and 48110). At the request of the sponsor, an offer of a grant for
a project that will not be completed in one fiscal year shall provide for the
obligation of amounts apportioned or to be apportioned to a sponsor under
section 47114(c) of this title for the fiscal years necessary to pay the Gov-
ernment’s share of the cost of the project. An offer that is accepted in writ-
ing 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.
(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
630
(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
attributable to acquiring an interest in land.
(c) INCREASING GOVERNMENT’S SHARE UNDER AIRPORT AND AIRWAY
DEVELOPMENT 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 percent. 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 Sec-
retary 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
commercial service airports; and
(2) 90 percent for a project at any other airport.
(b) INCREASED GOVERNMENT SHARE.—If, under subsection (a) of this
section, the Government’s share of allowable costs of a project in a State
containing unappropriated and unreserved public lands and nontaxable In-
dian 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 Government’s share under subsection (a) of this section shall be in-
creased by the lesser of—
(1) 25 percent;
(2) one-half of the percentage that the area of unappropriated and
unreserved 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.
631
(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 de-
velopment or airport planning carried out after the grant agree-
ment 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-
approved noise compatibility program (including project formula-
tion costs) and is consistent with all applicable statutory and ad-
ministrative 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
granted; 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 Govern-
ment will pay (except as provided in section 47108(b) of this title).
(c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary may
decide that a project cost under subsection (b)(2)(A) of this section incurred
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
632
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 devel-
opment) in a nonrevenue-producing public-use area of a commercial service
airport is allowable for an airport development project at the airport—
(A) if the sponsor certifies that the airport, on the date the grant
application 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 pas-
sengers for boarding or exiting aircraft, to those passengers board-
ing 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 Govern-
ment.
(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
improvement 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 allowable project costs, as amounts become available, if the spon-
sor, after the Secretary issues the letter, carries out the project without re-
ceiving amounts under this subchapter.
(2) Paragraph (1) of this subsection applies to a project—
633
(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 let-
ter is not deemed to be an administrative commitment for financing. An ob-
ligation or administrative commitment may be made only as amounts are
provided 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
facility 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,
except to the extent the building will be used for facilities or activities
directly 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
Transportation 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 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
634
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 in-
spect and approve construction work for an airport development project car-
ried out under a grant agreement under this subchapter. The construction
work must be carried out in compliance with regulations the Secretary pre-
scribes. The regulations shall require the sponsor to make necessary cost
and progress reports 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 regulations.
(b) PREVAILING WAGES.—A contract for more than $2,000 involving
labor for an airport development project carried out under a grant agree-
ment 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 (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 invita-
tion for those bids.
(c) VETERANS’ PREFERENCE.—(1) In this subsection—
635
(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 Au-
gust 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
preference 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 Trans-
portation 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 sec-
tion 8(c), except that women are presumed to be socially and economi-
cally disadvantaged.
(b) GENERAL REQUIREMENT.—Except to the extent the Secretary de-
cides otherwise, at least 10 percent of amounts available in a fiscal year
under section 48103 of this title shall be expended with small business con-
cerns owned and controlled by socially and economically disadvantaged indi-
viduals.
(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.
(d) SURVEYS AND LISTS.—Each State or airport sponsor annually shall
survey and compile a list of small business concerns referred to in sub-
section (b) of this section and the location of each concern in the State.
636
§ 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
Secretary of Transportation shall apportion the amount subject to appor-
tionment for that fiscal year as provided in this section.
(c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary shall
apportion 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 air-
port 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
airport during the prior calendar year; and
(iv) $.65 for each additional passenger boarding at the airport dur-
ing the prior calendar year.
(B) Not less than $400,000 nor more than $22,000,000 may be appor-
tioned under subparagraph (A) of this paragraph to an airport sponsor for
a primary 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
landed 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, allocated 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 land-
ed weight of aircraft landing at each of those airports and all those airports
during 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 apportionment for a fiscal year. If this paragraph requires reduction of
an amount that otherwise would be apportioned under this subsection, the
Secretary shall reduce proportionately the amount apportioned to each spon-
sor of an airport under paragraphs (1) and (2) until the 44 percent limit
is achieved.
(d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection—
637
(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 Pa-
cific 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 sec-
tion 15(a)(3)(A)(II) of the Airport and Airway Development Act of
1970 applied 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
(B) a total amount at least equal to the minimum amount required
to be apportioned to airports in Alaska in the fiscal year ending Sep-
tember 30, 1980, under section 15(a)(3)(A) of the Act.
638
(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 ap-
portioned amounts in the fiscal year ending September 30, 1980, under sec-
tion 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 appor-
tioned under this section.
§ 47115. Discretionary fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor-
tation 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
subchapter. 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 Sec-
retary 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.
(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—
639
(1) the effect the project will have on the overall national air trans-
portation 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
applications to meet that percentage, the amount the Secretary determines
will not be distributed as required by subsection (c) is available for obliga-
tion during the fiscal year without regard to the requirement.
§ 47116. Small airport fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor-
tation has a small airport fund. The fund consists of 75 percent of amounts
not apportioned 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
commercial 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 PARTICIPA-
TION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State participat-
ing in the State block grant pilot program under section 47128 of this title
may receive 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 appor-
tionment 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 obli-
gated under the apportionment within that time, it shall be added to the
discretionary fund.
640
(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
integrated 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 apportioned under section 15(a)(3) of the Airport and
Airway Development 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 Sep-
tember 30, 1994, and 1995, to sponsors of current or former military
airports designated by the Secretary under section 47118(a) of this
title for grants for developing current and former military airports to
improve the capacity of the national air transportation system.
641
(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 because there are insufficient qualified grant applications, the amount
the Secretary 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
Secretary 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 para-
graph (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 apportioned 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 Sec-
retary to make grants during a fiscal year from amounts that were appor-
tioned for a prior fiscal year and remain available for approved airport de-
velopment project grants under subsection (b) of this section may be im-
paired 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
designate not more than 12 current or former military airports for which
grants may be made under section 47117(e)(1)(E) of this title.
642
(b) SURVEY.—Not later than September 30, 1991, the Secretary shall
complete a survey of current and former military airports to identify which
airports 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
Secretary distributes under section 47115 of this title for a fiscal year is
available to the sponsor of a current or former military airport the Sec-
retary designates under this section to construct, improve, or repair a termi-
nal 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 air-
port the Secretary designates under this section to construct, improve, or
repair airport surface parking lots, fuel farms, and utilities.
§ 47119. Terminal development costs
(a) REPAYING BORROWED MONEY.—An amount apportioned under sec-
tion 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 before July 12, 1976, is available to repay immediately money borrowed
and used to pay the costs for terminal development at the airport, if those
643
costs would be allowable project costs under section 47110(d) of this title
if they 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 fis-
cal 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 commer-
cial service airports that were not eligible for assistance for terminal
development 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 Trans-
portation requires. The Secretary may require records—
(1) that disclose—
(A) the amount and disposition by the sponsor of the proceeds
of the grant;
644
(B) the total cost of the plan or program for which the grant
is given or used; and
(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
General 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 disposition of the proceeds of the grant or related to the plan or pro-
gram for which the grant was given or used, the sponsor shall submit a cer-
tified 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 Con-
gress describing the results of each audit conducted or reviewed by the
Comptroller General under this section during the prior fiscal year. The
Comptroller General shall prescribe 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 informa-
tion from a committee of Congress authorized to have the information.
§ 47122. Administrative
(a) GENERAL.—The Secretary of Transportation may take action the
Secretary considers necessary to carry out this subchapter, including con-
ducting investigations and public hearings, prescribing regulations and pro-
cedures, and issuing orders.
(b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In conduct-
ing an investigation or public hearing under this subchapter, the Secretary
has the same authority the Secretary has under section 46104 of this title.
An action of the Secretary in exercising that authority is governed by the
procedures specified in section 46104 and shall be enforced as provided in
section 46104.
645
§ 47123. Nondiscrimination
The Secretary of Transportation shall take affirmative action to ensure
that an individual is not excluded because of race, creed, color, national ori-
gin, or sex from participating in an activity carried out with money received
under a grant under this subchapter. The Secretary shall prescribe regula-
tions necessary to carry out this section. The regulations shall be similar
to those in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.). This section is in addition to title VI of the Act.
§ 47124. Agreements for State and local operation of airport
facilities
(a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of Trans-
portation shall ensure that an agreement under this subchapter with a State
or a political subdivision of a State to allow the State or subdivision to oper-
ate an airport facility in the State or subdivision relieves the United States
Government from any liability arising out of, or related to, acts or omissions
of employees of the State or subdivision in operating the airport facility.
(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary
shall continue the low activity (Visual Flight Rules) level I air traffic control
tower contract program established under subsection (a) of this section for
towers existing on December 30, 1987, and extend the program to other
towers as practicable.
(2) The Secretary may make a contract, on a sole source basis, with a
State or a political subdivision of a State to allow the State or subdivision
to operate an airport traffic control tower classified as a level I (Visual
Flight Rules) tower if the Secretary decides that the State or subdivision
has the capability to comply with the requirements of this paragraph. The
contract shall require that the State or subdivision comply with applicable
safety regulations in operating the facility and with applicable competition
requirements in making a subcontract to perform work to carry out the con-
tract.
§ 47125. Conveyances of United States Government land
(a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided in sub-
section (b) of this section, the Secretary of Transportation shall request the
head of the department, agency, or instrumentality of the United States
Government owning or controlling land or airspace to convey a property in-
terest in the land or airspace to the public agency sponsoring the project
or owning or controlling the airport when necessary to carry out a project
under this subchapter at a public airport, to operate a public airport, or
for the future development of an airport under the national plan of inte-
grated airport systems. The head of the department, agency, or instrumen-
tality shall decide whether the requested conveyance is consistent with the
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needs of the department, agency, or instrumentality and shall notify the
Secretary of that decision not later than 4 months after receiving the re-
quest. If the head of the department, agency, or instrumentality decides
that the requested conveyance is consistent with its needs, the head of the
department, agency, or instrumentality, with the approval of the Attorney
General and without cost to the Government, shall make the conveyance.
A conveyance may be made only on the condition that the property interest
conveyed reverts to the Government, at the option of the Secretary, to the
extent it is not developed for an airport purpose or used consistently with
the conveyance.
(b) NONAPPLICATION.—Except as specifically provided by law, subsection
(a) of this section does not apply to land or airspace owned or controlled
by the Government within—
(1) a national park, national monument, national recreation area, or
similar area under the administration of the National Park Service;
(2) a unit of the National Wildlife Refuge System or similar area
under the jurisdiction of the United States Fish and Wildlife Service;
or
(3) a national forest or Indian reservation.
§ 47126. Criminal penalties for false statements
A person (including an officer, agent, or employee of the United States
Government or a public agency) shall be fined under title 18, imprisoned
for not more than 5 years, or both, if the person, with intent to defraud
the Government, knowingly makes—
(1) a false statement about the kind, quantity, quality, or cost of the
material used or to be used, or the quantity, quality, or cost of work
performed or to be performed, in connection with the submission of a
plan, map, specification, contract, or estimate of project cost for a
project included in a grant application submitted to the Secretary of
Transportation for approval under this subchapter;
(2) a false statement or claim for work or material for a project in-
cluded in a grant application approved by the Secretary under this sub-
chapter; or
(3) a false statement in a report or certification required under this
subchapter.
§ 47127. Ground transportation demonstration projects
(a) GENERAL AUTHORITY.—To improve the airport and airway system of
the United States consistent with regional airport system plans financed
under section 13(b) of the Airport and Airway Development Act of 1970,
the Secretary of Transportation may carry out ground transportation dem-
onstration projects to improve ground access to air carrier airport terminals.