INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.

SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY. (a) Limited Use of Airport Improvement Program Funds.— (1) Airport development funds.—Section 47102(3) of title 49, United States Code, is amended by adding at the end the following: “(J) in fiscal year 2002, any additional security related activity required by law or by the Secretary after September 11, 2001, and before October 1, 2002, “(K) in fiscal year 2002 with respect to funds apportioned under section 47114 in fiscal years 2001 and 2002, any activity, including operational activities, of an airport that is not a primary airport if that airport is located within the confines of enhanced class B airspace, as defined by Notice to Airmen FDC 1/0618 issued by the Federal Aviation Administration and the activity was carried out when any restriction in the Notice is in effect. “(L) in fiscal year 2002, payments for debt service on indebtedness incurred to carry out a project at an airport owned or controlled by the sponsor or at a privately owned or operated airport passenger terminal financed by indebtedness incurred by the sponsor if the Secretary determines that such payments are necessary to prevent a default on the indebtedness.”. (2) Allowable costs.—Section 47110(b)(2) of title 49, United States Code, is amended— (A) by striking “or” in subparagraph (B); (B) by inserting “or” after “executed;” in subparagraph (C); and (C) by adding at the end the following: “(D) if the cost is incurred after September 11, 2001, for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L) and shall not depend upon the date of execution of a grant agreement made under this subchapter;". (3) Discretionary grants.—Section 47115 of title 49, United States Code, is amended by adding at the end the following: 115 STAT. 629 “(i) Considerations for Project Under Expanded Security ELIGIBILITY.—In order to assure that funding under this subchapter is provided to the greatest needs, the Secretary, in selecting a project described in section 47102(3)(J) for a grant, shall consider the non-federal resources available to sponsor, the use of such non-federal resources, and the degree to which the sponsor is providing increased funding for the project.”. (4) Federal share.—Section 47109(a) of title 49, United States Code, is amended— (A) by striking “and” in paragraph (3); (B) by striking “47134.” in paragraph (4) and inserting“47134; and”; and (C) by adding at the end the following: “(5) for fiscal year 2002, 100 percent for a project described in section 47102(3)(J), 47102(3XK), or 47102(3XL).”. (5) Airport development.—Section 47102(3)(B) of title 49, United States Code, is amended— (A) by striking “and” at the end of clause (viii); (B) by striking the period at the end of clause (ix) and inserting and”; and (C) by inserting after clause (ix) the following new clause: “(x) replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, that the Secretary determines are necessary to install bulk explosive detection devices.”. (b) Apportioned Funds.—For the purpose of carrying out section 47114 of title 49, United States Code, for fiscal year 2003, the Secretary shall use, in lieu of passenger boardings at an airport during the prior calendar year, the greater of— (1) the number of passenger boardings at that airport during 2000; or (2) the number of passenger boardings at that airport during 2001. (c) Expedited Processing of Security-Related PFC Requests.—The Administrator of the Federal Aviation Administration shall, to the extent feasible, expedite the processing and approval of passenger facility fee requests under subchapter I of chapter 471 of title 49, United States Code, for projects described in section 47192(3)(J) of title 49, United States Code. (d) Amendment of General Fee Schedule Provision.—Section 45301(b)(1)(B) of title 49, United States Code, is amended— (1) by striking “directly” and inserting “reasonably”; (2) by striking “Administration’s costs” and inserting “Administration’s costs, as determined by the Administrator,”, and (3) by adding at the end “The Determination of such costs by the Administrator is not subject to judicial review.”.