Restoring Local Control of Airports Act of 2016
This bill reauthorizes through FY2021 and revises the Airport Improvement Program. Specifically, the bill: (1) eliminates the federal cap on passenger facility charges (local user fees) of $4.50 per enplanement; and (2) with respect to airports that increase such charges beyond $4.50 per enplanement, provides for corresponding reductions in program grant funding.
In addition, the bill amends the Internal Revenue Code to reduce the federal airline ticket tax.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5563 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5563
To amend title 49, United States Code, to provide for increased local
funding of airport development projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2016
Mr. Jolly introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Ways and Means, 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 amend title 49, United States Code, to provide for increased local
funding of airport development projects, 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. SHORT TITLE.
This Act may be cited as the ``Restoring Local Control of Airports
Act of 2016''.
SEC. 2. PASSENGER FACILITY CHARGES.
(a) General Authority.--Section 40117(b) of title 49, United States
Code, is amended--
(1) in paragraph (1) by striking ``$1, $2, or $3'' and
inserting ``any amount'';
(2) by striking paragraph (4);
(3) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively;
(4) in paragraph (5) (as so redesignated)--
(A) by striking ``paragraphs (1) and (4)'' and
inserting ``paragraph (1)''; and
(B) by striking ``paragraph (1) or (4)'' and
inserting ``paragraph (1)''; and
(5) in paragraph (6)(A) (as so redesignated)--
(A) by striking ``paragraphs (1), (4), and (6)''
and inserting ``paragraphs (1) and (5)''; and
(B) by striking ``paragraph (1) or (4)'' and
inserting ``paragraph (1)''.
(b) Determination of Reasonableness of Passenger Facility Charge.--
Section 40117 of title 49, United States Code, is amended by adding at
the end the following:
``(n) Determination of Reasonableness of Passenger Facility
Charge.--
``(1) In general.--The Secretary shall issue a
determination as to whether a passenger facility charge is
reasonable, if a written complaint for such determination is
filed with the Secretary by an affected passenger not later
than 120 days after the charge is paid by the passenger.
``(2) Secretary's determination.--In determining under
paragraph (1) whether a passenger facility charge is
reasonable, the Secretary may only determine whether the charge
is reasonable pursuant to paragraph (4).
``(3) Procedural regulations.--Not later than 360 days
after the date of enactment of this subsection, the Secretary
shall publish in the Federal Register final regulations, policy
statements, or guidelines establishing the procedures for
acting upon written complaints filed under paragraph (1).
``(4) Determination of reasonableness.--In determining
under paragraph (1) whether a passenger facility charge is
reasonable, the Secretary shall determine if the passenger
facility charge is--
``(A) excessive in relation to the benefits
conferred; or
``(B) used for a purpose other than the purpose for
which the charge was originally authorized.
``(5) Decisions by secretary.--The final regulations,
policy statements, or guidelines required under paragraph (3)
shall provide for the following:
``(A) Directions regarding an appropriate refund or
credit of a passenger facility charge to a passenger
who has filed with the Secretary a written complaint
relating to a passenger facility charge.
``(B) Not later than 270 days after a complaint
relating to a passenger facility charge is filed with
the Secretary, the Secretary shall issue a written
determination as to whether the passenger facility
charge is reasonable.
``(C) Not later than 90 days after a complaint
relating to a passenger facility charge is filed with
the Secretary, the Secretary shall dismiss the
complaint if no significant dispute exists or shall
assign the matter to an administrative law judge.
Thereafter, the matter shall be handled in accordance
with part 302 of title 14, Code of Federal Regulations,
or as modified by the Secretary, to ensure an orderly
disposition of the matter within the 270-day period and
any specifically applicable provisions of this
subsection.
``(D) The administrative law judge shall issue a
recommended decision within 90 days after the complaint
is assigned.
``(E) If the Secretary, upon the expiration of the
270-day period, has not issued a final order, the
decision of the administrative law judge shall be
deemed to be the final order of the Secretary.''.
SEC. 3. AIRPORT IMPROVEMENT PROGRAM.
(a) Funding.--Section 48103(a) of title 49, United States Code, is
amended by striking ``$3,350,000,000'' and all that follows before the
period at the end and inserting ``$2,950,000,000 for each of fiscal
years 2016 through 2021''.
(b) Apportionments.--Section 47114 of title 49, United States Code,
is amended--
(1) by striking ``$3,200,000,000'' each place it appears
and inserting ``$2,950,000,000''; and
(2) in subsection (f)--
(A) in paragraph (1) by striking ``paragraph (3)''
and inserting ``paragraph (4)'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) In general.--Subject to paragraph (4), and in lieu of
the reduction under paragraph (1), an amount that would be
apportioned under this section (other than amounts apportioned
under subsection (c)(2)) in a fiscal year to the sponsor of an
airport having at least 1.0 percent of the total number of
boardings each year in the United States and for which a charge
of more than $4.50 is imposed in the fiscal year under section
40117 shall be reduced by an amount equal to--
``(A) except as provided in subparagraph (B), 100
percent of the projected revenues from the charge in
the fiscal year but not by more than 100 percent of the
amount that otherwise would be apportioned under this
section; or
``(B) with respect to an airport in Hawaii, 100
percent of the projected revenues from the charge in
the fiscal year but not by more than 100 percent of the
excess of--
``(i) the amount that otherwise would be
apportioned under this section; over
``(ii) the amount equal to the amount
specified in clause (i) multiplied by the
percentage of the total passenger boardings at
the applicable airport that are comprised of
interisland passengers.'';
(D) in paragraph (3) (as so redesignated) by
striking ``paragraph (1)'' and inserting ``paragraph
(1) or (2)''; and
(E) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)--
(I) by striking ``.25 percent'' and
inserting ``1.0 percent''; and
(II) by striking ``paragraph (1)''
and inserting ``paragraph (2)''; and
(ii) in subparagraph (B) by striking
``fiscal year 2004'' and inserting ``fiscal
year 2017 and each fiscal year thereafter''.
(c) Use of Apportioned Amounts.--Section 47117(e)(1)(C) of title
49, United States Code, is amended by striking ``$3,200,000,000'' and
inserting ``$2,950,000,000''.
SEC. 4. REDUCTION IN AIRLINE TICKET TAX.
(a) In General.--Section 4261(a) of the Internal Revenue Code of
1986 is amended by striking ``7.5 percent'' and inserting ``7.0
percent''.
(b) Effective Date.--The amendment made by this section shall apply
to transportation beginning after September 30, 2016, but not for
amounts paid on or before such date.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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.
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