In subsection (a), before clause (1), the text of 49 App.:1513(e)(15)(A) is omitted for clarity and because the terms “air carrier” and “foreign air carrier” are used the first time they appear in each subsection. The text of 49 App.:1513(e)(15)(D) is omitted because the complete name of the Secretary of Transportation is used the first time the term appears in this section. Clauses (2), (4), and (5) are added to avoid repeating the source provisions throughout this section. In clause (3)(D), the words “without regard to” are omitted as surplus.

In subsection (b)(1), the words “bonds and other” are omitted as surplus.

In subsection (b)(2), the word “limit” is omitted as being included in “regulate”.

In subsection (d), before clause (1), the text of 49 App.:1513(e)(5) is omitted as executed. The words “approve an application that an eligible agency has submitted under subsection (c) of this section” are substituted for “grant a public agency which controls a commercial service airport authority to impose a fee under this subsection” for clarity.

In subsection (e)(1)(B), the words “and conditions” are omitted as being included in “terms”.

Subsection (e)(2)(A) is substituted for 49 App.:1513(e)(6) (last sentence) to eliminate unnecessary words.

In subsection (e)(2)(B), the words “a public agency which controls any other airport”, “If a passenger of an air carrier is being provided air service”, and “with respect to such air service” are omitted as surplus.

In subsection (f)(3), the words “financed with” are substituted for “carried out through the use of” for consistency in this section and to eliminate unnecessary words.

In subsection (g), the word “price” is substituted for “rate, fee, or charge” and “rates, fees, and charges” to eliminate unnecessary words.

In subsection (g)(2), the words “Except as provided by subparagraph (C)” and “by means of depreciation, amortization, or any other method” are omitted as surplus.

In subsection (h)(1), the word “agent” is substituted for “agency” to correct an error in the source provisions.

In subsection (i), before clause (1), the words “Not later than May 4, 1991” are omitted as obsolete.

This repeals 49:40117(e)(2)(C) to eliminate an executed provision and makes conforming amendments.

The date of the enactment of this subsection, referred to in subsec. (k)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

The date of enactment of this subsection, referred to in subsec. (m)(7), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

2024—Subsec. (a)(3)(H), (I). Pub. L. 118–63, § 775, added subpars. (H) and (I).

Subsec. (b)(1). Pub. L. 118–63, § 776(a)(1)(A), substituted “Except as provided under subsection (l), the Secretary” for “The Secretary” and “$1, $2, $3, $4, or $4.50” for “$1, $2, or $3”.

Subsec. (b)(4). Pub. L. 118–63, § 776(a)(1)(B), (C), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “In lieu of authorizing a charge under paragraph (1), the Secretary may authorize under this section an eligible agency to impose a passenger facility charge of $4.00 or $4.50 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project.”

Subsec. (b)(5). Pub. L. 118–63, § 776(a)(1)(D), substituted “in paragraph (1)” for “in paragraphs (1) and (4)” and “under paragraph (1)” for “under paragraph (1) or (4)”.

Pub. L. 118–63, § 776(a)(1)(C), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Subsec. (b)(6). Pub. L. 118–63, § 776(a)(1)(C), redesignated par. (7) as (6). Former par. (6) redesignated (5).

Subsec. (b)(6)(A). Pub. L. 118–63, § 776(a)(1)(E), substituted “paragraphs (1) and (5)” for “paragraphs (1), (4), and (6)” and “paragraph (1)” for “paragraph (1) or (4)” in introductory provisions.

Subsec. (e)(1)(A). Pub. L. 118–63, § 776(a)(2)(A), inserted “or a passenger facility charge imposition is authorized under subsection (l)” after “of this section”.

Subsec. (e)(1)(B). Pub. L. 118–63, § 776(a)(2)(B), inserted “reasonable” after “subject to”.

Subsec. (l). Pub. L. 118–63, § 776(a)(3)(A), substituted “Passenger Facility Charge Streamlining” for “Pilot Program for Passenger Facility Charge Authorizations” in heading.

Subsec. (l)(1). Pub. L. 118–63, § 776(a)(3)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary shall establish a pilot program to test alternative procedures for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose in accordance with the provisions of this subsection a passenger facility charge under this section. For purposes of the pilot program, the procedures in this subsection shall apply instead of the procedures otherwise provided in this section.”

Subsec. (l)(4). Pub. L. 118–63, § 776(a)(3)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency’s notice.”

Subsec. (l)(6). Pub. L. 118–63, § 776(a)(3)(D), (E), redesignated par. (7) as (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: “The Secretary shall propose such regulations as may be necessary to carry out this subsection.”

2018—Subsec. (a)(5). Pub. L. 115–254, § 539(b), substituted “charge imposed” for “charge or charge imposed”.

Subsec. (b)(4). Pub. L. 115–254, § 121(a), substituted “project.” for “project, if the Secretary finds—” and struck out subpars. (A) and (B) which read as follows:

“(A) in the case of an airport that has more than .25 percent of the total number of annual boardings in the United States, that the project will make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise on people living near the airport; and

“(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred to in section 48103.”

Subsec. (l). Pub. L. 115–254, § 121(b)(1), struck out “at Nonhub Airports” after “Authorizations” in heading.

Subsec. (l)(1). Pub. L. 115–254, § 121(b)(2), struck out “nonhub” before “airports”.

Subsec. (l)(6). Pub. L. 115–254, § 121(b)(3), substituted “The” for “Not later than 180 days after the date of enactment of this subsection, the”.

2016—Subsec. (n). Pub. L. 114–190 added subsec. (n).

2012—Pub. L. 112–95, § 111(c)(1)(H), substituted “charges” for “fees” wherever appearing in text.

Pub. L. 112–95, § 111(c)(1)(G), substituted “charge” for “fee” wherever appearing in text other than the second sentence of subsec. (g)(4).

Pub. L. 112–95, § 111(c)(1)(A), substituted “charges” for “fees” in section catchline.

Subsec. (a)(3)(B). Pub. L. 112–95, § 152(e)(1), substituted “section 47119(a)” for “section 47110(d)”.

Subsec. (a)(5). Pub. L. 112–95, § 111(a), amended par. (5) generally. Prior to amendment, text read as follows: “The term ‘passenger facility fee’ means a fee imposed under this section.”

Subsec. (e). Pub. L. 112–95, § 111(c)(1)(B), substituted “Charges” for “Fees” in heading.

Subsec. (l). Pub. L. 112–95, § 111(c)(1)(C), substituted “Charge” for “Fee” in heading.

Subsec. (l)(5). Pub. L. 112–95, § 111(c)(1)(D), substituted “charge” for “fee” in heading.

Subsec. (l)(7). Pub. L. 112–95, § 111(b), redesignated par. (8) as (7) and struck out former par. (7). Prior to amendment, text read as follows: “This subsection shall cease to be effective beginning on February 18, 2012.”

Pub. L. 112–91 substituted “February 18, 2012.” for “February 1, 2012.”

Subsec. (l)(8). Pub. L. 112–95, § 111(b), redesignated par. (8) as (7).

Subsec. (m). Pub. L. 112–95, § 111(c)(1)(E), substituted “Charges” for “Fees” in heading.

Subsec. (m)(1). Pub. L. 112–95, § 111(c)(1)(F), substituted “charges” for “fees” in heading.

2011—Subsec. (l)(7). Pub. L. 112–30 substituted “February 1, 2012.” for “September 17, 2011.”

Pub. L. 112–27 substituted “September 17, 2011.” for “July 23, 2011.”

Pub. L. 112–21 substituted “July 23, 2011.” for “July 1, 2011.”

Pub. L. 112–16 substituted “July 1, 2011.” for “June 1, 2011.”

Pub. L. 112–7 substituted “June 1, 2011.” for “April 1, 2011.”

2010—Subsec. (l)(7). Pub. L. 111–329 substituted “April 1, 2011.” for “January 1, 2011.”

Pub. L. 111–249 substituted “January 1, 2011.” for “October 1, 2010.”

Pub. L. 111–216 substituted “October 1, 2010.” for “August 2, 2010.”

Pub. L. 111–197 substituted “August 2, 2010.” for “July 4, 2010.”

Pub. L. 111–161 substituted “July 4, 2010.” for “May 1, 2010.”

Pub. L. 111–153 substituted “May 1, 2010.” for “April 1, 2010.”

2009—Subsec. (l)(7). Pub. L. 111–116 substituted “April 1, 2010.” for “January 1, 2010.”

Pub. L. 111–69 substituted “January 1, 2010.” for “October 1, 2009.”

Pub. L. 111–12 substituted “October 1, 2009.” for “April 1, 2009.”

2008—Subsec. (b)(7). Pub. L. 110–337 added par. (7).

Subsec. (l)(7). Pub. L. 110–330 substituted “April 1, 2009” for “September 30, 2008”.

Pub. L. 110–253 substituted “September 30, 2008” for “the date that is 3 years after the date of issuance of regulations to carry out this subsection”.

2003—Subsec. (a)(3)(C). Pub. L. 108–176, § 123(d), substituted “A project for costs” for “for costs” and a period for the semicolon at end.

Subsec. (a)(3)(G). Pub. L. 108–176, § 121(a), added subpar. (G).

Subsec. (a)(4) to (6). Pub. L. 108–176, § 121(c), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (b)(5). Pub. L. 108–176, § 121(b), added par. (5).

Subsec. (b)(6). Pub. L. 108–176, § 122, added par. (6).

Subsec. (c)(2)(E), (F). Pub. L. 108–176, § 123(a)(1), added subpars. (E) and (F).

Subsec. (c)(3), (4). Pub. L. 108–176, § 123(a)(2)–(4), added par. (3), redesignated former par. (3) as (4), and substituted “may” for “shall” in first sentence of par. (4).

Subsec. (e)(2)(C). Pub. L. 108–176, § 123(c)(1), substituted a semicolon for period at end.

Subsec. (e)(2)(F). Pub. L. 108–176, § 123(c)(2)–(4), added subpar. (F).

Subsec. (l). Pub. L. 108–176, § 123(b), added subsec. (l).

Subsec. (m). Pub. L. 108–176, § 124, added subsec. (m).

2000—Subsec. (a). Pub. L. 106–181, § 151, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In this section—

“(1) ‘airport’, ‘commercial service airport’, and ‘public agency’ have the same meanings given those terms in section 47102 of this title.

“(2) ‘eligible agency’ means a public agency that controls a commercial service airport.

“(3) ‘eligible airport-related project’ means a project—

“(A) for airport development or airport planning under subchapter I of chapter 471 of this title;

“(B) for terminal development described in section 47110(d) of this title;

“(C) for airport noise capability planning under section 47505 of this title;

“(D) to carry out noise compatibility measures eligible for assistance under section 47504 of this title, whether or not a program for those measures has been approved under section 47504; and

“(E) for constructing gates and related areas at which passengers board or exit aircraft.

“(4) ‘passenger facility fee’ means a fee imposed under this section.

“(5) ‘passenger facility revenue’ means revenue derived from a passenger facility fee.”

Subsec. (a)(3)(C) to (F). Pub. L. 106–181, § 152(a), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.

Subsec. (b)(4). Pub. L. 106–181, § 105(a), added par. (4).

Subsec. (d)(4). Pub. L. 106–181, § 105(b), added par. (4).

Subsec. (e)(2)(D), (E). Pub. L. 106–181, § 135(a), added subpars. (D) and (E).

Subsec. (i)(3). Pub. L. 106–181, § 135(b)(1)–(3), added par. (3).

Subsec. (j). Pub. L. 106–181, § 135(b)(4), added subsec. (j).

Subsec. (k). Pub. L. 106–181, § 155(c), added subsec. (k).

1996—Subsec. (a)(3)(D) to (F). Pub. L. 104–264, § 142(b)(2), inserted “and” at end of subpar. (D), substituted a period for “; and” at end of subpar. (E), and struck out subpar. (F) which read as follows: “in addition to projects eligible under subparagraph (A), the construction, reconstruction, repair, or improvement of areas of an airport used for the operation of aircraft or actions to mitigate the environmental effects of such construction, reconstruction, repair, or improvement when the construction, reconstruction, repair, improvement, or action is necessary for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990, the Clean Air Act, or the Federal Water Pollution Control Act with respect to the airport.”

Subsec. (e)(2)(B) to (D). Pub. L. 104–287 inserted “and” at end of subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: “for a project the Secretary does not approve under this section before October 1, 1993, if, during the fiscal year ending September 30, 1993, the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000, except that this clause—

“(i) does not apply if the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000 because of sequestration or other general appropriations reductions applied proportionately to appropriations accounts throughout an appropriation law; and

“(ii) does not affect the authority of the Secretary to approve the imposition of a fee or the use of revenues, derived from a fee imposed under an approval made under this section, by a public agency that has received an approval to impose a fee under this section before September 30, 1993, regardless of whether the fee is being imposed on September 30, 1993; and”.

Subsec. (g)(4). Pub. L. 104–264, § 1202, added par. (4).

1994—Subsec. (a)(3)(F). Pub. L. 103–305, § 203, added subpar. (F).

Subsec. (d)(3). Pub. L. 103–305, § 204(b), added par. (3).

Subsec. (e)(2)(D). Pub. L. 103–305, § 204(a)(1), added subpar. (D).

Pub. L. 112–27, § 5(j), Aug. 5, 2011, 125 Stat. 271, provided that: “The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on July 23, 2011.”

Pub. L. 112–21, § 5(j), June 29, 2011, 125 Stat. 235, provided that: “The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on July 1, 2011.”

Pub. L. 112–16, § 5(j), May 31, 2011, 125 Stat. 220, provided that: “The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on June 1, 2011.”

Pub. L. 112–7, § 5(j), Mar. 31, 2011, 125 Stat. 33, provided that: “The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on April 1, 2011.”

Pub. L. 111–329, § 5(j), Dec. 22, 2010, 124 Stat. 3568, provided that: “The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on January 1, 2011.”

Pub. L. 111–249, § 5(l), Sept. 30, 2010, 124 Stat. 2628, provided that: “The amendments made by this section [amending this section, sections 41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as notes under sections 41731 and 47109 of this title] shall take effect on October 1, 2010.”

Pub. L. 111–216, title I, § 104(j), Aug. 1, 2010, 124 Stat. 2350, provided that: “The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on August 2, 2010.”

Pub. L. 111–197, § 5(j), July 2, 2010, 124 Stat. 1354, provided that: “The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on July 4, 2010.”

Pub. L. 111–161, § 5(j), Apr. 30, 2010, 124 Stat. 1127, provided that: “The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on May 1, 2010.”

Pub. L. 111–153, § 5(j), Mar. 31, 2010, 124 Stat. 1085, provided that: “The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on April 1, 2010.”

Pub. L. 111–116, § 5(j), Dec. 16, 2009, 123 Stat. 3032, provided that: “The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on January 1, 2010.”

Pub. L. 111–69, § 5(l), Oct. 1, 2009, 123 Stat. 2055, provided that: “The amendments made by this section [amending this section and sections 41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as notes under sections 41731 and 47109 of this title] shall take effect on October 1, 2009.”

Pub. L. 111–12, § 5(j), Mar. 30, 2009, 123 Stat. 1458, provided that: “The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on April 1, 2009.”

Pub. L. 110–330, § 5(l), Sept. 30, 2008, 122 Stat. 3719, provided that: “The amendments made by this section [amending this section, sections 41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as notes under sections 41731 and 47109 of this title] shall take effect on October 1, 2008.”

Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26, Internal Revenue Code.

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Pub. L. 118–63, title VII, § 776(b), (c), May 16, 2024, 138 Stat. 1301, provided that:

Pub. L. 108–176, title I, § 121(d), Dec. 12, 2003, 117 Stat. 2500, provided that: “The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue guidance determining eligibility of projects, and how benefits to air quality must be demonstrated, under the amendments made by this section [amending this section].”

Pub. L. 108–176, title I, § 123(e), Dec. 12, 2003, 117 Stat. 2502, provided that: “Not later than 60 days after the enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall publish in the Federal Register the current policy of the Administration, consistent with current law, with respect to the eligibility of airport ground access transportation projects for the use of passenger facility fees under section 40117 of title 49, United States Code.”

Pub. L. 106–181, title I, § 155(a), Apr. 5, 2000, 114 Stat. 88, provided that: “The Congress makes the following findings:

Pub. L. 103–305, title II, § 204(a)(2), Aug. 23, 1994, 108 Stat. 1583, provided that: “The amendment made by paragraph (1) [amending this section] shall not be construed as requiring any person to refund any fee paid before the date of the enactment of this Act [Aug. 23, 1994].”