Page:United States Statutes at Large Volume 117.djvu/2522

 PUBLIC LAW 108–176—DEC. 12, 2003

117 STAT. 2503

not be defeated by an inability of any party to identify and trace the precise funds in the accounts of the air carrier. ‘‘(3) PROHIBITION.—A covered air carrier and its agents may not grant to any third party any security or other interest in passenger facility revenue. ‘‘(4) COMPENSATION TO ELIGIBLE ENTITIES.—A covered air carrier that fails to comply with any requirement of this subsection, or otherwise unnecessarily causes an eligible entity to expend funds, through litigation or otherwise, to recover or retain payment of passenger facility revenue to which the eligible entity is otherwise entitled shall be required to compensate the eligible agency for the costs so incurred. ‘‘(5) INTEREST ON AMOUNTS.—A covered air carrier that collects passenger facility fees is entitled to receive the interest on passenger facility fee accounts if the accounts are established and maintained in compliance with this subsection. ‘‘(6) EXISTING REGULATIONS.—The provisions of section 158.49 of title 14, Code of Federal Regulations, that permit the commingling of passenger facility fees with other air carrier revenue shall not apply to a covered air carrier. ‘‘(7) COVERED AIR CARRIER DEFINED.—In this section, the term ‘covered air carrier’ means an air carrier that files for chapter 7 or chapter 11 of title 11 bankruptcy protection, or has an involuntary chapter 7 of title 11 bankruptcy proceeding commenced against it, after the date of enactment of this subsection.’’.

Subtitle C—AIP Modifications SEC. 141. AIRFIELD PAVEMENT.

Section 47102(3)(H) is amended by inserting ‘‘nonhub airports and’’ before ‘‘airports that are not primary airports’’. SEC. 142. REPLACEMENT OF BAGGAGE CONVEYOR SYSTEMS.

Section 47102(3)(B)(x) is amended by striking the period at the end and inserting the following: ‘‘; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114.’’. SEC. 143. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY PROGRAMS AND ACTIVITIES.

Section 308 of the Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 44901 note; 110 Stat. 3253), and the item relating to such section in the table of contents contained in section 1(b) of that Act, are repealed. SEC. 144. GRANT ASSURANCES.

(a) STATUTE OF LIMITATIONS..—Section 47107(l)(5)(A) is amended by inserting ‘‘or any other governmental entity’’ after ‘‘sponsor’’. (b) AUDIT CERTIFICATION.—Section 47107(m) is amended— (1) in paragraph (1) by striking ‘‘promulgate regulations that’’ and inserting ‘‘include a provision in the compliance supplement provisions to’’; (2) in paragraph (1) by striking ‘‘and opinion of the review’’; and (3) by striking paragraph (3).

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