I
107TH CONGRESS
1ST SESSION
H. R. 3347
To provide economic relief to general aviation entities that have suffered
substantial economic injury as a result of the terrorist attacks per-
petrated against the United States on September 11, 2001.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 27, 2001
Mr. MICA (for himself, Mr. YOUNG of Alaska, and Mr. SHUSTER) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Financial Serv-
ices and the Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To provide economic relief to general aviation entities that
have suffered substantial economic injury as a result
of the terrorist attacks perpetrated against the United
States on September 11, 2001.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘General Aviation In-
dustry Reparations Act of 2001’’.
SEC. 2. GENERAL AVIATION INDUSTRY REPARATIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the President shall take the following actions
to compensate general aviation entities for losses incurred
by such entities as a result of the terrorist attacks on the
United States that occurred on September 11, 2001:
(1) Subject to such terms and conditions as the
President deems necessary, issue Federal credit in-
struments to such entities that do not, in the aggre-
gate, exceed $5,000,000,000 and provide the subsidy
amounts necessary for such instruments in accord-
ance with the provisions of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661 et seq.).
(2) Compensate such entities in an aggregate
amount equal to $2,500,000,000 for—
(A) direct losses incurred beginning on
September 11, 2001, by such entities as a re-
sult of any Federal ground stop order issued by
the Secretary of Transportation or any subse-
quent order which continues or renews such a
stoppage; and
(B) the incremental losses incurred begin-
ning September 11, 2001, and ending Decem-
ber 31, 2001, by such entities as a direct result
of such attacks.
(b) 
EMERGENCY
DESIGNATION.—Congress 
des-
ignates the amount of new budget authority and outlays
in all fiscal years resulting from this Act as an emergency
requirement pursuant to section 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(e)). Such amount shall be available only to the
extent that a request, that includes designation of such
amount as an emergency requirement as defined in such
Act, is transmitted by the President to Congress.
SEC. 3. STABILIZATION BOARD.
(a) FEDERAL
CREDIT
INSTRUMENTS.—The Air
Transportation Stabilization Board, established under sec-
tion 102(b) of the Air Transportation Safety System Sta-
bilization Act (49 U.S.C. 40101 note; 115 Stat. 231), in
consultation with the Small Business Administration, may
enter into agreements with 1 or more obligors to issue
Federal credit instruments under section 2(a)(1) if the
Board determines, in its discretion, that—
(1) the obligor is a general aviation entity for
which credit is not reasonably available at the time
of the transaction; and
(2) the intended obligation by the obligor is
prudently incurred.
(b) TERMS AND LIMITATIONS.—
(1) FORMS; TERMS AND CONDITIONS.—A Fed-
eral credit instrument shall be issued under section
2(a)(1) in such form and on such terms and condi-
tions and contain such covenants, representations,
warranties, and requirements (including require-
ments for audits) as the Board determines appro-
priate.
(2) PROCEDURES.—Not later than 14 days
after the date of enactment of this Act, the Director
of the Office of Management and Budget shall issue
regulations setting forth procedures for application
and minimum requirements, which may be supple-
mented by the Board in its discretion, for the
issuance of Federal credit instruments under section
2(a)(1).
SEC. 4. SPECIAL RULES FOR COMPENSATION.
(a) LIMITATION ON AMOUNT OF COMPENSATION.—
(1) DOCUMENTATION.—Subject to subsection
(b), the amount of compensation payable under sec-
tion 2(a)(2) to a general aviation entity may not ex-
ceed the amount of losses described in such section
that such entity demonstrates to the satisfaction of
the President, using sworn financial statements or
other appropriate data, that such entity incurred.
(2) AUDITS.—The Secretary of Transportation
and the Comptroller General of the United States
may audit statements referred to in paragraph (1)
and may request any information that the Secretary
and the Comptroller General deem necessary to con-
duct such audit.
(b) PRIORITY.—The President shall give priority for
compensation to a general aviation entity—
(1) based on the length of time that the entity
has been unable to operate as a result of the ter-
rorist attacks on the United States that occurred on
September 11, 2001; and
(2) if the entity is a small business concern (as
defined under section 3 of the Small Business Ad-
ministration Act (15 U.S.C. 632(a))).
(c) PAYMENTS.—The President may provide com-
pensation under section 2(a)(2) to general aviation entities
in 1 or more payments up to the amount authorized by
this Act.
SEC. 5. DOMESTIC INSURANCE AND REIMBURSEMENT OF
INSURANCE COSTS.
Section 44302 of title 49, United States Code, is
amended—
(1) in each of subsections (b), (c), and (d) by
inserting ‘‘or general aviation entity (as defined in
section 3 of the General Aviation Industry Repara-
tions Act of 2001)’’ after ‘‘air carrier’’; and
(2) in subsection (b)(4) by inserting ‘‘and gen-
eral aviation entities’’ after ‘‘air carriers’’.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) FEDERAL CREDIT INSTRUMENT.—The term
‘‘Federal credit instrument’’ means any guarantee or
other pledge by the Air Transportation Stabilization
Board issued under section 2(a)(1) of this Act to
pledge the full faith and credit of the United States
to pay all or part of any of the principal of and in-
terest on a loan or other debt obligation issued by
an obligor and funded by a lender.
(2) GENERAL
AVIATION
ENTITY.—The term
‘‘general aviation entity’’ means any person (other
than an air carrier) that operates nonmilitary air-
craft or provides aviation services directly related to
nonmilitary aircraft or nonmilitary airport oper-
ations or relies on direct or indirect access to United
States airspace under part 91 of title 14 of the Code
of Federal Regulations to conduct its primary busi-
ness as determined by the Secretary of Transpor-
tation. Such term includes fixed based operators,
flight schools, manufacturers of general aviation
products, and persons engaged in nonscheduled com-
mercial aviation enterprises.
(3) INCREMENTAL
LOSS.—The term ‘‘incre-
mental loss’’ does not include any loss that the
President determines would have been incurred if
the terrorist attacks on the United States that oc-
curred on September 11, 2001, had not occurred.
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