A bill to amend the Federal Aviation Act of 1958 to extend the civil penalty assessment demonstration program, and for other purposes.
PL 101-281 (S.2533), enacted 05/04/1990

104 STAT. 164 
PUBLIC LAW 101-281—MAY 4, 1990 
Public Law 101-281 
101st Congress 
An Act 
May 4, 1990 
To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment 
rg 2533] 
demonstration program, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. (a) Section 905(dX4) of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1475(d)(4)) is amended by striking "28 month" and 
inserting in lieu thereof "31-month". 
Effective date. 
(b) The amendment made by subsection (a) shall be effective as of 
49 use app. 
April 30,1990. 
1475 note. 
g^^, £. Section 511 of the Airport and Airway Improvement Act of 
1982 (49 App. U.S.C. 2210) is amended by adding at the end the 
following new subsection: 
"(g) USE OF AIRPORT GENERATED REVENUES IN HAWAII.— 
"(1) GENERAL RULE.—Notwithstanding the limitation on the 
use of revenues generated by airports contained in subsection 
(aX12) of this section, the State of Hawaii may use for eligible 
transportation projects revenues generated on the sale at off-
airport locations in the State of duty-free merchandise under a 
contract between the State and a duty-free sales enterprise. 
"(2) LIMITATIONS.— 
"(A) APPUCABIUTY PERIOD.—This subsection only applies 
to revenues generated after the date of enactment of this 
subsection and before December 31, 1994, on sales referred 
to in paragraph (1) and to amounts in the Airport Revenue 
Fund of the State of Hawaii which are attributable to 
revenues generated before the date of enactment of this 
subsection on such sales. 
"(B) 
COVERAGE OF AIRPORT CAPITAL AND OPERATING 
COSTS.—The State of Hawaii may use under paragraph (1) 
revenues generated on sales referred to in paragraph (1) in 
a fiscal year of the State only if the amount of such 
revenues, when added to the amount of funds received in 
such year by the State for airport capital and operating 
costs from all other sources (including revenues generated 
by such airports from other sources, unrestricted cash on 
hand, and Federal funds made available under this Act for 
expenditure at such airports), exceeds 150 percent of the 
projected airport capital and operating costs for such year. 
"(C) ANNUAL CAP.—The amount of revenues generated on 
sales referred to in paragraph (1) in a fiscal year of the 
State of Hawaii which the State may use under paragraph 
(1) may not exceed the amount of the excess determined 
under subparagraph (B) for such year. 
"(D) AGGREGATE CAP.—The maximum amount of reve-
nues which the State of Hawaii may use under paragraph 
(1) may not exceed $250,000,000 in the aggregate. 
PUBLIC LAW 101-281—MAY 4, 1990 
104 STAT. 165 
"(E) REDUCTION DUE TO LANDING FEE INCREASE.—If any 
fee levied or collected by an airport operated by the State of 
Hawaii for a rental charge, landing fee, or other service 
charge from an aircraft operator for the use of airport 
facilities is increased in the period beginning on the date of 
enactment of this subsection and ending December 31,1994, 
by a percentage which is greater than the percentage 
change in the Consumer Price Index of All Urban Consum-
ers for Honolulu, Hawaii, published by the Bureau of Labor 
Statistics of the Department of Labor in such period and if, 
as a result of such fee incresise, there is an increase in the 
revenues derived from such fee, the $250,000,000 limit 
established by subparagraph (D) shall be reduced by the 
amount of the projected increase in such revenues in such 
period less any portion of such increase which is attrib-
utable to changes in such Index in such period. 
"(F) DETERMINATION OF COSTS AND PROJECTED INCREASES 
IN REVENUES.—The State of Hawaii shall determine capital 
and operating costs and revenues under subparagraph (B) 
and the amount of projected increases in revenues from fee 
increases referred to in subparagraph (E). Determinations 
shall be submittted by the State to the Secretary for ap-
proval. A determination shall be treated as approved by the 
Secretary unless the Secretary disapproves such determina-
tion on or before the 30th day after the State submits such 
determination to the Secretary. 
"(G) EUGIBILTTY FOR DISCRETIONARY GRANTS.—The State 
of Hawaii shall not be eligible for a grant under section 
507(c) in any fiscal year in which the State uses under 
paragraph (1) revenues generated on sales referred to in 
paragraph (1). If the State receives a grant in a fiscal year 
in which the State as a result of this subparagraph is not 
eligible to receive a grant, the State shall repay all amounts 
received by the State under such grant to the Secretary for 
deposit in the discretionary fund established under section 
507(c). 
"(3) PERIOD OF USE.—Revenues generated on sales referred to 
in paragraph (1) in the period of applicability set forth in 
paragraph (2XA) may be used under paragraph (1) in any fiscal 
year of the State, including a fiscal year of the State beginning 
after December 31,1994. 
"(4) DEFINITIONS.—In this subsection, the following apply: 
"(A) AIRPORT CAPITAL AND OPERATING COSTS.—Tlie term 
'airport capital and operating costs' means costs incurred 
by the State of Hawaii for operation of all airports operated 
by such State and costs for debt service incurred by such 
State in connection with capitel projects for such airports, 
including interest and amortization of principal costs. 
"(B) DUTY-FREE SALES ENTERPRISE; DUTY-FREE MERCHAN-
DISE.—The terms 'duty-free sales enterprise' and 'duty-free 
merchandise' have the meaning such terms have under 
section 555(b) of the Tariff Act of 1930 (19 U.S.C. 15550))). 
"(C) EuGiBLE TRANSPORTATION PROJECT.^The term 'eli-
gible transportation project' means a project for construe-
104 STAT. 166 
PUBLIC LAW 101-281—MAY 4, 1990 
tion or reconstruction of a highway on a Federal-aid system 
which will facilitate access to an airport and which is 
located within 10 miles by road of such airport. 
"(D) FEDERAL-AID SYSTEM; HIGHWAY.—The terms 'Federal 
aid system' and 'highway' have the meaning such terms 
have under section 101 of title 23, United States Code.". 
Approved May 4, 1990. 
LEGISLATIVE HISTORY—S. 2533: 
so: 
CONGRESSIONAL RECX)RD, Vol. 136 (1990): 
Apr. 26, considered and passed Senate. 
May 1, considered and passed House.