103 
TITLE V—AVIATION SAFETY, SE-
CURITY, 
CAPACITY 
AND 
CONNECTIVITY 
IMPROVE-
MENTS 
SEC. 501. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 
INTEREST OF NATIONAL SECURITY. 
Section 40119(b) is amended by adding at the end 
the following: 
‘‘(3) Section 552 of title 5, United States Code, 
does not apply to disclosures the Administrator of 
the Federal Aviation Administration may make from 
the agency’s systems of records to any Federal law 
enforcement, intelligence, protective, immigration, or 
national security official in order to assist the offi-
cial receiving that information in the performance of 
official duties.’’. 
SEC. 502. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 
DATABASE SYSTEMS. 
(a) IN GENERAL.—Chapter 401 is revised by adding 
new section 40130 to read as follows: 
‘‘§ 40130. FAA access to criminal history records or 
databases systems 
‘‘(a) ACCESS
TO RECORDS
OR DATABASES SYS-
TEMS.—(1) Notwithstanding section 534 of title 28, 
United States Code, and the implementing regulations for 
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such section (28 C.F.R. part 20), the Administrator of 
the Federal Aviation Administration is authorized to ac-
cess a system of documented criminal justice information 
maintained by the Department of Justice or by a State 
but may do so only for the purpose of carrying out its 
civil and administrative responsibilities to protect the safe-
ty and security of the National Airspace System or to sup-
port the missions of the Department of Justice, the De-
partment of Homeland Security and other law enforce-
ment agencies. The Administrator shall be subject to the 
same conditions or procedures established by the Depart-
ment of Justice or State for access to such an information 
system by other governmental agencies with access to the 
system. 
‘‘(2) The Administrator may not use the access au-
thorized under paragraph (1) to conduct criminal inves-
tigations. 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 
shall, by order, designate those employees of the Adminis-
tration who shall carry out the authority described in sub-
section (a). Such designated employees may— 
‘‘(1) have access to and receive criminal history, 
driver, vehicle, and other law enforcement informa-
tion contained in the law enforcement databases of 
the Department of Justice, or of any jurisdiction in 
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105 
a State in the same manner as a police officer em-
ployed by a State or local authority of that State 
who is certified or commissioned under the laws of 
that State; 
‘‘(2) use any radio, data link, or warning sys-
tem of the Federal Government and of any jurisdic-
tion in a State that provides information about 
wanted persons, be-on-the-lookout notices, or war-
rant status or other officer safety information to 
which a police officer employed by a State or local 
authority in that State who is certified or commis-
sioned under the laws of that State has access and 
in the same manner as such police officer; or 
‘‘(3) receive Federal, State, or local government 
communications with a police officer employed by a 
State or local authority in that State in the same 
manner as a police officer employed by a State or 
local authority in that State who is commissioned 
under the laws of that State. 
‘‘(c) DEFINITION.—For purposes of this section, ‘sys-
tem of documented criminal justice information’ means 
any law enforcement databases, systems or communica-
tions containing information concerning identification, 
criminal history, arrests, convictions, arrest warrants, 
wanted or missing persons, including the National Crime 
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106 
Information Center (NCIC) and its incorporated criminal 
history databases and the National Law Enforcement 
Telecommunications System (NLETS).’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 401 is amended by adding at the end the fol-
lowing: 
‘‘40130. FAA access to criminal history records or databases systems.’’. 
SEC. 503. ALLOCATION OF OPERATING AUTHORIZATIONS 
AT LAGUARDIA AIRPORT. 
(a) IN GENERAL.—Subchapter I of Chapter 417 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘Sec. 41724. Allocation of operating authorizations at LaGuardia Airport. 
‘‘(a) GENERAL AUTHORITY.—(1) Notwithstanding 
any other provision of law, the Secretary of Transpor-
tation and the Administrator of the Federal Aviation Ad-
ministration may determine that the use of a market 
based mechanism, such as an auction or congestion pric-
ing, is appropriate to promote the efficient movement of 
air traffic at LaGuardia Airport. To accomplish this objec-
tive, the Administrator shall determine the operational ca-
pacity of LaGuardia airport, in accordance with section 
40103 of this title. 
‘‘(2) If the Secretary makes a the determination 
under subsection (a) that use of a market-based mecha-
nism is appropriate, the Secretary and the Administrator 
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shall permit the Port Authority of New York and New 
Jersey (Port Authority) to implement a market-based 
measure for the allocation of operating authorizations at 
the airport in accordance with subsection (b). If the Port 
Authority fails to implement such a mechanism within one 
year of the Secretary’s determination, the Secretary may 
implement a market-based mechanism at LaGuardia Air-
port in accordance with section 41725 of this title. 
‘‘(b) RULEMAKING.—(1) The Secretary shall issue a 
rule to establish the terms and conditions under which in-
terested persons may obtain operating authorizations 
through a market-based mechanism authorized by sub-
section (a). The rule shall also, at a minimum, establish 
the procedures, timing, terms and conditions for the im-
plementation of this mechanism. Such regulation shall in-
clude provisions to protect the public interest as set forth 
in section 40101 of this title including: 
‘‘(A) placing maximum reliance on competitive 
market forces; 
‘‘(B) avoiding unreasonable industry concentra-
tion; 
‘‘(C) encouraging entry into air transportation 
markets by new and existing air carriers; 
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