[House Report 116-221]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      116-221

======================================================================



 
                SMALL AIRPORT MOTHERS' ROOMS ACT OF 2019

                                _______
                                

October 4, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3362]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3362) to amend title 49, United 
States Code, to require small hub airports to construct areas 
for nursing mothers, and for other purposes, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Duplication of Federal Programs..................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                         Purpose of Legislation

    The purpose of H.R. 3362 is to provide nursing mothers and 
parents with clean, private, accessible, and equipped spaces, 
not located in a restroom, to express breast milk and nurse 
children in U.S. airports as they travel. H.R. 3362 helps 
achieve this by (1) requiring small hub airports to maintain a 
lactation area in the sterile area of each passenger terminal 
building of the airport as well as a baby changing table in at 
least one men's and one women's restroom in each passenger 
terminal building of the airport, and (2) clarifies that medium 
and large hub airports need to maintain a baby changing table 
in at least one men's and one women's restroom in each 
passenger terminal building of the airport.

                  Background and Need for Legislation

    H.R. 3362 is necessary because nursing parents continue to 
face challenges, and potentially public stigma, when attempting 
to breastfeed, nurse, or change their child while traveling. A 
2014 study of 100 airports found that while 62 percent reported 
being ``breastfeeding friendly,'' only 8 percent met the 
minimum requirements for a breastfeeding mother: an electrical 
outlet, table, and chair.\1\ For mothers who breastfeed, 
missing just one needed pumping session can have several 
consequences, including: discomfort, leaking, inflammation, 
infection, and decreased milk supply. Requiring small hub 
airports to provide private, clean, accessible, and equipped 
areas for parents to nurse their children will help remove some 
of the barriers these parents face while traveling and help 
them provide the care their infant children require.
---------------------------------------------------------------------------
    \1\Michael Haight and Joan Ortiz, Airports in the United States: 
Are They Really Breastfeeding Friendly?, Breastfeeding Medicine, Dec. 
1, 2014, available at https://www.ncbi.nlm.nih.gov/pmc/articles/
PMC4267407/.
---------------------------------------------------------------------------
    The FAA Reauthorization Act of 2018 (Pub. L. 115-254) 
already requires medium and large hub airports to meet the 
requirement to maintain a lactation area and a baby changing 
table in one men's and one women's restroom in each passenger 
terminal building by fiscal year 2021.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 3362:
    On March 26, 2019, the Subcommittee on Aviation held a 
hearing entitled, ``The Cost of Doing Nothing: Why Investing in 
Our Nation's Airports Matters.'' The purpose of the hearing was 
to explore the state of U.S. airport infrastructure and 
opportunities for Congress to increase funding for projects 
that will rehabilitate and modernize this aging infrastructure 
and prepare for anticipated passenger demand in the coming 
years. Witnesses included Tori Barnes, Executive Vice President 
of Public Affairs, U.S. Travel Association; Ted Christie, Chief 
Executive Office, and President, Spirit Airlines; Lawrence 
Krauter, Chief Executive Officer, Spokane International 
Airport; Joe Lopano, Chief Executive Officer, Tampa 
International Airport; Candace McGraw, Chief Executive Officer, 
Cincinnati/Northern Kentucky International Airport; and Marc 
Scribner, Senior Fellow, Competitive Enterprise Institute.

                 Legislative History and Consideration

    H.R. 3362 was introduced in the House on June 19, 2019, by 
Mrs. Miller, and referred to the Committee on Transportation 
and Infrastructure. Within the Committee, H.R. 3362 was 
referred to the Subcommittee on Aviation.
    The Subcommittee on Aviation was discharged from further 
consideration of H.R. 3362 on June 26, 2019.
    The Full Committee met in open session to consider H.R. 
3362 on June 26, 2019, and ordered the measure to be reported 
to the House with a favorable recommendation, without 
amendment, by voice vote with a quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    There were no recorded votes taken in connection with 
consideration of H.R. 3362.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 3362 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 2, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3362, the Small 
Airport Mothers' Rooms Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Under current law, Airport Improvement Grants may be made 
to large and medium hub airports only if they have a lactation 
room and baby-changing tables in the men's and women's 
restrooms. The bill would increase the number of changing 
tables required and extend this grant requirement to small 
airport hubs. Large and medium hubs would have until 2021 to 
meet the proposed requirements while small hubs would have 
until 2023.
    CBO estimates that enacting H.R. 3362 would not affect the 
federal budget because the bill would not change the level of 
funds authorized to be appropriated for airport development 
grants.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
provide traveling parents with clean, private, accessible, and 
equipped spaces, not located in a restroom, to nurse their 
children as they travel by requiring small hub airports to 
maintain a lactation area in the sterile area of each passenger 
terminal building of an airport and a baby changing table in at 
least one men's and one women's restroom in each passenger 
terminal building of an airport.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 3362 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 3362 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Small Airport Mothers' Rooms Act of 2019''.

Sec. 2. Mothers' rooms

    H.R. 3362 requires small hub airports to maintain a 
lactation area for members of the public to express breast 
milk, and a baby changing table in at least one men's and one 
women's restroom in each passenger terminal building beginning 
fiscal year 2023 in order to receive grant funding under the 
Federal Aviation Administration's (FAA) Airport Improvement 
Program. The bill also clarifies that medium and large hub 
airports need to maintain a baby changing table in at least one 
men's and one women's restroom in each passenger terminal 
building of the airport.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART B--AIRPORT DEVELOPMENT AND NOISE

           *       *       *       *       *       *       *


CHAPTER 471--AIRPORT DEVELOPMENT

           *       *       *       *       *       *       *


SUBCHAPTER I--AIRPORT IMPROVEMENT

           *       *       *       *       *       *       *


Sec. 47107. Project grant application approval conditioned on 
                    assurances about airport operations

  (a) General Written Assurances.--The Secretary of 
Transportation may approve a project grant application under 
this subchapter for an airport development project only if the 
Secretary receives written assurances, satisfactory to the 
Secretary, that--
          (1) the airport will be available for public use on 
        reasonable conditions and without unjust 
        discrimination;
          (2) air carriers making similar use of the airport 
        will be subject to substantially comparable charges--
                  (A) for facilities directly and substantially 
                related to providing air transportation; and
                  (B) regulations and conditions, except for 
                differences based on reasonable 
                classifications, such as between--
                          (i) tenants and nontenants; and
                          (ii) signatory and nonsignatory 
                        carriers;
          (3) the airport operator will not withhold 
        unreasonably the classification or status of tenant or 
        signatory from an air carrier that assumes obligations 
        substantially similar to those already imposed on air 
        carriers of that classification or status;
          (4) a person providing, or intending to provide, 
        aeronautical services to the public will not be given 
        an exclusive right to use the airport, with a right 
        given to only one fixed-base operator to provide 
        services at an airport deemed not to be an exclusive 
        right if--
                  (A) the right would be unreasonably costly, 
                burdensome, or impractical for more than one 
                fixed-base operator to provide the services; 
                and
                  (B) allowing more than one fixed-base 
                operator to provide the services would require 
                reducing the space leased under an existing 
                agreement between the one fixed-base operator 
                and the airport owner or operator;
          (5) fixed-base operators similarly using the airport 
        will be subject to the same charges;
          (6) an air carrier using the airport may service 
        itself or use any fixed-base operator allowed by the 
        airport operator to service any carrier at the airport;
          (7) the airport and facilities on or connected with 
        the airport will be operated and maintained suitably, 
        with consideration given to climatic and flood 
        conditions;
          (8) a proposal to close the airport temporarily for a 
        nonaeronautical purpose must first be approved by the 
        Secretary;
          (9) appropriate action will be taken to ensure that 
        terminal airspace required to protect instrument and 
        visual operations to the airport (including operations 
        at established minimum flight altitudes) will be 
        cleared and protected by mitigating existing, and 
        preventing future, airport hazards;
          (10) appropriate action, including the adoption of 
        zoning laws, has been or will be taken to the extent 
        reasonable to restrict the use of land next to or near 
        the airport to uses that are compatible with normal 
        airport operations;
          (11) each of the airport's facilities developed with 
        financial assistance from the United States Government 
        and each of the airport's facilities usable for the 
        landing and taking off of aircraft always will be 
        available without charge for use by Government aircraft 
        in common with other aircraft, except that if the use 
        is substantial, the Government may be charged a 
        reasonable share, proportionate to the use, of the cost 
        of operating and maintaining the facility used;
          (12) the airport owner or operator will provide, 
        without charge to the Government, property interests of 
        the sponsor in land or water areas or buildings that 
        the Secretary decides are desirable for, and that will 
        be used for, constructing at Government expense, 
        facilities for carrying out activities related to air 
        traffic control or navigation;
          (13) the airport owner or operator will maintain a 
        schedule of charges for use of facilities and services 
        at the airport--
                  (A) that will make the airport as self-
                sustaining as possible under the circumstances 
                existing at the airport, including volume of 
                traffic and economy of collection; and
                  (B) without including in the rate base used 
                for the charges the Government's share of costs 
                for any project for which a grant is made under 
                this subchapter or was made under the Federal 
                Airport Act or the Airport and Airway 
                Development Act of 1970;
          (14) the project accounts and records will be kept 
        using a standard system of accounting that the 
        Secretary, after consulting with appropriate public 
        agencies, prescribes;
          (15) the airport owner or operator will submit any 
        annual or special airport financial and operations 
        reports to the Secretary that the Secretary reasonably 
        requests and make such reports available to the public;
          (16) the airport owner or operator will maintain a 
        current layout plan of the airport that meets the 
        following requirements:
                  (A) the plan will be in a form the Secretary 
                prescribes;
                  (B) the Secretary will review and approve or 
                disapprove only those portions of the plan (or 
                any subsequent revision to the plan) that 
                materially impact the safe and efficient 
                operation of aircraft at, to, or from the 
                airport or that would adversely affect the 
                safety of people or property on the ground 
                adjacent to the airport as a result of aircraft 
                operations, or that adversely affect the value 
                of prior Federal investments to a significant 
                extent;
                  (C) the owner or operator will not make or 
                allow any alteration in the airport or any of 
                its facilities unless the alteration--
                          (i) is outside the scope of the 
                        Secretary's review and approval 
                        authority as set forth in subparagraph 
                        (B); or
                          (ii) complies with the portions of 
                        the plan approved by the Secretary; and
                  (D) when an alteration in the airport or its 
                facility is made that is within the scope of 
                the Secretary's review and approval authority 
                as set forth in subparagraph (B), and does not 
                conform with the portions of the plan approved 
                by the Secretary, and the Secretary decides 
                that the alteration adversely affects the 
                safety, utility, or efficiency of aircraft 
                operations, or of any property on or off the 
                airport that is owned, leased, or financed by 
                the Government, then the owner or operator 
                will, if requested by the Secretary--
                          (i) eliminate the adverse effect in a 
                        way the Secretary approves; or
                          (ii) bear all cost of relocating the 
                        property or its replacement to a site 
                        acceptable to the Secretary and of 
                        restoring the property or its 
                        replacement to the level of safety, 
                        utility, efficiency, and cost of 
                        operation that existed before the 
                        alteration was made, except in the case 
                        of a relocation or replacement of an 
                        existing airport facility that meets 
                        the conditions of section 47110(d);
          (17) if any phase of such project has received funds 
        under this subchapter, each contract and subcontract 
        for program management, construction management, 
        planning studies, feasibility studies, architectural 
        services, preliminary engineering, design, engineering, 
        surveying, mapping, and related services will be 
        awarded in the same way that a contract for 
        architectural and engineering services is negotiated 
        under chapter 11 of title 40 or an equivalent 
        qualifications-based requirement prescribed for or by 
        the sponsor;
          (18) the airport and each airport record will be 
        available for inspection by the Secretary on reasonable 
        request, and a report of the airport budget will be 
        available to the public at reasonable times and places;
          (19) the airport owner or operator will submit to the 
        Secretary and make available to the public an annual 
        report listing in detail--
                  (A) all amounts paid by the airport to any 
                other unit of government and the purposes for 
                which each such payment was made; and
                  (B) all services and property provided to 
                other units of government and the amount of 
                compensation received for provision of each 
                such service and property;
          (20) the airport owner or operator will permit, to 
        the maximum extent practicable, intercity buses or 
        other modes of transportation to have access to the 
        airport, but the sponsor does not have any obligation 
        under this paragraph, or because of it, to fund special 
        facilities for intercity bus service or for other modes 
        of transportation; and
          (21) if the airport owner or operator and a person 
        who owns an aircraft agree that a hangar is to be 
        constructed at the airport for the aircraft at the 
        aircraft owner's expense, the airport owner or operator 
        will grant to the aircraft owner for the hangar a long-
        term lease that is subject to such terms and conditions 
        on the hangar as the airport owner or operator may 
        impose.
  (b) Written Assurances on Use of Revenue.--(1) The Secretary 
of Transportation may approve a project grant application under 
this subchapter for an airport development project only if the 
Secretary receives written assurances, satisfactory to the 
Secretary, that local taxes on aviation fuel (except taxes in 
effect on December 30, 1987) and the revenues generated by a 
public airport will be expended for the capital or operating 
costs of--
          (A) the airport;
          (B) the local airport system; or
          (C) other local facilities owned or operated by the 
        airport owner or operator and directly and 
        substantially related to the air transportation of 
        passengers or property.
  (2) Paragraph (1) of this subsection does not apply if a 
provision enacted not later than September 2, 1982, in a law 
controlling financing by the airport owner or operator, or a 
covenant or assurance in a debt obligation issued not later 
than September 2, 1982, by the owner or operator, provides that 
the revenues, including local taxes on aviation fuel at public 
airports, from any of the facilities of the owner or operator, 
including the airport, be used to support not only the airport 
but also the general debt obligations or other facilities of 
the owner or operator.
  (3) This subsection does not prevent the use of a State tax 
on aviation fuel to support a State aviation program or the use 
of airport revenue on or off the airport for a noise mitigation 
purpose.
  (c) Written Assurances on Acquiring Land.--(1) In this 
subsection, land is needed for an airport purpose (except a 
noise compatibility purpose) if--
          (A)(i) the land may be needed for an aeronautical 
        purpose (including runway protection zone) or serves as 
        noise buffer land; and
          (ii) revenue from interim uses of the land 
        contributes to the financial self-sufficiency of the 
        airport; and
          (B) for land purchased with a grant the owner or 
        operator received not later than December 30, 1987, the 
        Secretary of Transportation or the department, agency, 
        or instrumentality of the Government that made the 
        grant was notified by the owner or operator of the use 
        of the land and did not object to the use and the land 
        is still being used for that purpose.
  (2) The Secretary of Transportation may approve an 
application under this subchapter for an airport development 
project grant only if the Secretary receives written 
assurances, satisfactory to the Secretary, that if an airport 
owner or operator has received or will receive a grant for 
acquiring land and--
          (A) if the land was or will be acquired for a noise 
        compatibility purpose (including land serving as a 
        noise buffer either by being undeveloped or developed 
        in a way that is compatible with using the land for 
        noise buffering purposes)--
                  (i) the owner or operator will dispose of the 
                land at fair market value at the earliest 
                practicable time after the land no longer is 
                needed for a noise compatibility purpose;
                  (ii) the disposition will be subject to 
                retaining or reserving an interest in the land 
                necessary to ensure that the land will be used 
                in a way that is compatible with noise levels 
                associated with operating the airport; and
                  (iii) the part of the proceeds from disposing 
                of the land that is proportional to the 
                Government's share of the cost of acquiring the 
                land will be reinvested in another project at 
                the airport or transferred to another airport 
                as the Secretary prescribes under paragraph 
                (4); or
          (B) if the land was or will be acquired for an 
        airport purpose (except a noise compatibility 
        purpose)--
                  (i) the owner or operator, when the land no 
                longer is needed for an airport purpose, will 
                dispose of the land at fair market value or 
                make available to the Secretary an amount equal 
                to the Government's proportional share of the 
                fair market value;
                  (ii) the disposition will be subject to 
                retaining or reserving an interest in the land 
                necessary to ensure that the land will be used 
                in a way that is compatible with noise levels 
                associated with operating the airport; and
                  (iii) the part of the proceeds from disposing 
                of the land that is proportional to the 
                Government's share of the cost of acquiring the 
                land will be reinvested in another project at 
                the airport or transferred to another airport 
                as the Secretary prescribes under paragraph 
                (4).
  (3) Proceeds referred to in paragraph (2)(A)(iii) and 
(B)(iii) of this subsection and deposited in the Airport and 
Airway Trust Fund are available as provided in subsection (f) 
of this section.
  (4) In approving the reinvestment or transfer of proceeds 
under paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall 
give preference, in descending order, to the following actions:
          (A) Reinvestment in an approved noise compatibility 
        project.
          (B) Reinvestment in an approved project that is 
        eligible for funding under section 47117(e).
          (C) Reinvestment in an approved airport development 
        project that is eligible for funding under section 
        47114, 47115, or 47117.
          (D) Transfer to a sponsor of another public airport 
        to be reinvested in an approved noise compatibility 
        project at that airport.
          (E) Payment to the Secretary for deposit in the 
        Airport and Airway Trust Fund established under section 
        9502 of the Internal Revenue Code of 1986.
  (5)(A) A lease at fair market value by an airport owner or 
operator of land acquired for a noise compatibility purpose 
using a grant provided under this subchapter shall not be 
considered a disposal for purposes of paragraph (2).
  (B) The airport owner or operator may use revenues from a 
lease described in subparagraph (A) for an approved airport 
development project that is eligible for funding under section 
47114, 47115, or 47117.
  (C) The Secretary shall coordinate with each airport owner or 
operator to ensure that leases described in subparagraph (A) 
are consistent with noise buffering purposes.
  (D) The provisions of this paragraph apply to all land 
acquired before, on, or after the date of enactment of this 
paragraph.
  (d) Assurances of Continuation as Public-Use Airport.--The 
Secretary of Transportation may approve an application under 
this subchapter for an airport development project grant for a 
privately owned public-use airport only if the Secretary 
receives appropriate assurances that the airport will continue 
to function as a public-use airport during the economic life 
(that must be at least 10 years) of any facility at the airport 
that was developed with Government financial assistance under 
this subchapter.
  (e) Written Assurances of Opportunities for Small Business 
Concerns.--(1) The Secretary of Transportation may approve a 
project grant application under this subchapter for an airport 
development project only if the Secretary receives written 
assurances, satisfactory to the Secretary, that the airport 
owner or operator will take necessary action to ensure, to the 
maximum extent practicable, that at least 10 percent of all 
businesses at the airport selling consumer products or 
providing consumer services to the public are small business 
concerns (as defined by regulations of the Secretary) owned and 
controlled by a socially and economically disadvantaged 
individual (as defined in section 47113(a) of this title) or 
qualified HUBZone small business concerns (as defined in 
section 3(p) of the Small Business Act).
  (2) An airport owner or operator may meet the percentage goal 
of paragraph (1) of this subsection by including any business 
operated through a management contract or subcontract. The 
dollar amount of a management contract or subcontract with a 
disadvantaged business enterprise shall be added to the total 
participation by disadvantaged business enterprises in airport 
concessions and to the base from which the airport's percentage 
goal is calculated. The dollar amount of a management contract 
or subcontract with a non-disadvantaged business enterprise and 
the gross revenue of business activities to which the 
management contract or subcontract pertains may not be added to 
this base.
  (3) Except as provided in paragraph (4) of this subsection, 
an airport owner or operator may meet the percentage goal of 
paragraph (1) of this subsection by including the purchase from 
disadvantaged business enterprises of goods and services used 
in businesses conducted at the airport, but the owner or 
operator and the businesses conducted at the airport shall make 
good faith efforts to explore all available options to achieve, 
to the maximum extent practicable, compliance with the goal 
through direct ownership arrangements, including joint ventures 
and franchises.
  (4)(A) In complying with paragraph (1) of this subsection, an 
airport owner or operator shall include the revenues of car 
rental firms at the airport in the base from which the 
percentage goal in paragraph (1) is calculated.
  (B) An airport owner or operator may require a car rental 
firm to meet a requirement under paragraph (1) of this 
subsection by purchasing or leasing goods or services from a 
disadvantaged business enterprise. If an owner or operator 
requires such a purchase or lease, a car rental firm shall be 
permitted to meet the requirement by including purchases or 
leases of vehicles from any vendor that qualifies as a small 
business concern owned and controlled by a socially and 
economically disadvantaged individual or as a qualified HUBZone 
small business concern (as defined in section 3(p) of the Small 
Business Act).
  (C) This subsection does not require a car rental firm to 
change its corporate structure to provide for direct ownership 
arrangements to meet the requirements of this subsection.
  (5) This subsection does not preempt--
          (A) a State or local law, regulation, or policy 
        enacted by the governing body of an airport owner or 
        operator; or
          (B) the authority of a State or local government or 
        airport owner or operator to adopt or enforce a law, 
        regulation, or policy related to disadvantaged business 
        enterprises.
  (6) An airport owner or operator may provide opportunities 
for a small business concern owned and controlled by a socially 
and economically disadvantaged individual or a qualified 
HUBZone small business concern (as defined in section 3(p) of 
the Small Business Act) to participate through direct 
contractual agreement with that concern.
  (7) An air carrier that provides passenger or property-
carrying services or another business that conducts 
aeronautical activities at an airport may not be included in 
the percentage goal of paragraph (1) of this subsection for 
participation of small business concerns at the airport.
  (8) Not later than April 29, 1993, the Secretary of 
Transportation shall prescribe regulations to carry out this 
subsection.
  (f) Availability of Amounts.--An amount deposited in the 
Airport and Airway Trust Fund under--
          (1) subsection (c)(2)(A)(iii) of this section is 
        available to the Secretary of Transportation to make a 
        grant for airport development or airport planning under 
        section 47104 of this title;
          (2) subsection (c)(2)(B)(iii) of this section is 
        available to the Secretary--
                  (A) to make a grant for a purpose described 
                in section 47115(b) of this title; and
                  (B) for use under section 47114(d)(2) of this 
                title at another airport in the State in which 
                the land was disposed of under subsection 
                (c)(2)(B)(ii) of this section; and
          (3) subsection (c)(2)(B)(iii) of this section is in 
        addition to an amount made available to the Secretary 
        under section 48103 of this title and not subject to 
        apportionment under section 47114 of this title.
  (g) Ensuring Compliance.--(1) To ensure compliance with this 
section, the Secretary of Transportation--
          (A) shall prescribe requirements for sponsors that 
        the Secretary considers necessary; and
          (B) may make a contract with a public agency.
  (2) The Secretary of Transportation may approve an 
application for a project grant only if the Secretary is 
satisfied that the requirements prescribed under paragraph 
(1)(A) of this subsection have been or will be met.
  (h) Modifying Assurances and Requiring Compliance With 
Additional Assurances.--
          (1) In general.--Subject to paragraph (2), before 
        modifying an assurance required of a person receiving a 
        grant under this subchapter and in effect after 
        December 29, 1987, or to require compliance with an 
        additional assurance from the person, the Secretary of 
        Transportation must--
                  (A) publish notice of the proposed 
                modification in the Federal Register; and
                  (B) provide an opportunity for comment on the 
                proposal.
          (2) Public notice before waiver of aeronautical land-
        use assurance.--Before modifying an assurance under 
        subsection (c)(2)(B) that requires any property to be 
        used for an aeronautical purpose, the Secretary must 
        provide notice to the public not less than 30 days 
        before making such modification.
  (i) Relief From Obligation To Provide Free Space.--When a 
sponsor provides a property interest in a land or water area or 
a building that the Secretary of Transportation uses to 
construct a facility at Government expense, the Secretary may 
relieve the sponsor from an obligation in a contract made under 
this chapter, the Airport and Airway Development Act of 1970, 
or the Federal Airport Act to provide free space to the 
Government in an airport building, to the extent the Secretary 
finds that the free space no longer is needed to carry out 
activities related to air traffic control or navigation.
  (j) Use of Revenue in Hawaii.--(1) In this subsection--
          (A) ``duty-free merchandise'' and ``duty-free sales 
        enterprise'' have the same meanings given those terms 
        in section 555(b)(8) of the Tariff Act of 1930 (19 
        U.S.C. 1555(b)(8)).
          (B) ``highway'' and ``Federal-aid system'' have the 
        same meanings given those terms in section 101(a) of 
        title 23.
  (2) Notwithstanding subsection (b)(1) of this section, Hawaii 
may use, for a project for construction or reconstruction of a 
highway on a Federal-aid system that is not more than 10 miles 
by road from an airport and that will facilitate access to the 
airport, revenue from the sales at off-airport locations in 
Hawaii of duty-free merchandise under a contract between Hawaii 
and a duty-free sales enterprise. However, the revenue 
resulting during a Hawaiian fiscal year may be used only if the 
amount of the revenue, plus amounts Hawaii receives in the 
fiscal year from all other sources for costs Hawaii incurs for 
operating all airports it operates and for debt service related 
to capital projects for the airports (including interest and 
amortization of principal costs), is more than 150 percent of 
the projected costs for the fiscal year.
  (3)(A) Revenue from sales referred to in paragraph (2) of 
this subsection in a Hawaiian fiscal year that Hawaii may use 
may not be more than the amount that is greater than 150 
percent as determined under paragraph (2).
  (B) The maximum amount of revenue Hawaii may use under 
paragraph (2) of this subsection is $250,000,000.
  (4) If a fee imposed or collected for rent, landing, or 
service from an aircraft operator by an airport operated by 
Hawaii is increased during the period from May 4, 1990, through 
December 31, 1994, by more than the percentage change in the 
Consumer Price Index of All Urban Consumers for Honolulu, 
Hawaii, that the Secretary of Labor publishes during that 
period and if revenue derived from the fee increases because 
the fee increased, the amount under paragraph (3)(B) of this 
subsection shall be reduced by the amount of the projected 
revenue increase in the period less the part of the increase 
attributable to changes in the Index in the period.
  (5) Hawaii shall determine costs, revenue, and projected 
revenue increases referred to in this subsection and shall 
submit the determinations to the Secretary of Transportation. A 
determination is approved unless the Secretary disapproves it 
not later than 30 days after it is submitted.
  (6) Hawaii is not eligible for a grant under section 47115 of 
this title in a fiscal year in which Hawaii uses under 
paragraph (2) of this subsection revenue from sales referred to 
in paragraph (2). Hawaii shall repay amounts it receives in a 
fiscal year under a grant it is not eligible to receive because 
of this paragraph to the Secretary of Transportation for 
deposit in the discretionary fund established under section 
47115.
  (7)(A) This subsection applies only to revenue from sales 
referred to in paragraph (2) of this subsection from May 5, 
1990, through December 30, 1994, and to amounts in the Airport 
Revenue Fund of Hawaii that are attributable to revenue before 
May 4, 1990, on sales referred to in paragraph (2).
  (B) Revenue from sales referred to in paragraph (2) of this 
subsection from May 5, 1990, through December 30, 1994, may be 
used under paragraph (2) in any Hawaiian fiscal year, including 
a Hawaiian fiscal year beginning after December 31, 1994.
  (k) Policies and Procedures To Ensure Enforcement Against 
Illegal Diversion of Airport Revenue.--
          (1) In general.--Not later than 90 days after August 
        23, 1994, the Secretary of Transportation shall 
        establish policies and procedures that will assure the 
        prompt and effective enforcement of subsections (a)(13) 
        and (b) of this section and grant assurances made under 
        such subsections. Such policies and procedures shall 
        recognize the exemption provision in subsection (b)(2) 
        of this section and shall respond to the information 
        contained in the reports of the Inspector General of 
        the Department of Transportation on airport revenue 
        diversion and such other relevant information as the 
        Secretary may by law consider.
          (2) Revenue diversion.--Policies and procedures to be 
        established pursuant to paragraph (1) of this 
        subsection shall prohibit, at a minimum, the diversion 
        of airport revenues (except as authorized under 
        subsection (b) of this section) through--
                  (A) direct payments or indirect payments, 
                other than payments reflecting the value of 
                services and facilities provided to the 
                airport;
                  (B) use of airport revenues for general 
                economic development, marketing, and 
                promotional activities unrelated to airports or 
                airport systems;
                  (C) payments in lieu of taxes or other 
                assessments that exceed the value of services 
                provided; or
                  (D) payments to compensate nonsponsoring 
                governmental bodies for lost tax revenues 
                exceeding stated tax rates.
          (3) Efforts to be self-sustaining.--With respect to 
        subsection (a)(13) of this section, policies and 
        procedures to be established pursuant to paragraph (1) 
        of this subsection shall take into account, at a 
        minimum, whether owners and operators of airports, when 
        entering into new or revised agreements or otherwise 
        establishing rates, charges, and fees, have undertaken 
        reasonable efforts to make their particular airports as 
        self-sustaining as possible under the circumstances 
        existing at such airports.
          (4) Administrative safeguards.--Policies and 
        procedures to be established pursuant to paragraph (1) 
        shall mandate internal controls, auditing requirements, 
        and increased levels of Department of Transportation 
        personnel sufficient to respond fully and promptly to 
        complaints received regarding possible violations of 
        subsections (a)(13) and (b) of this section and grant 
        assurances made under such subsections and to alert the 
        Secretary to such possible violations.
          (5) Statute of limitations.--In addition to the 
        statute of limitations specified in subsection (m)(7), 
        with respect to project grants made under this 
        chapter--
                  (A) any request by a sponsor or any other 
                governmental entity to any airport for 
                additional payments for services conducted off 
                of the airport or for reimbursement for capital 
                contributions or operating expenses shall be 
                filed not later than 6 years after the date on 
                which the expense is incurred; and
                  (B) any amount of airport funds that are used 
                to make a payment or reimbursement as described 
                in subparagraph (A) after the date specified in 
                that subparagraph shall be considered to be an 
                illegal diversion of airport revenues that is 
                subject to subsection (m).
  (l) Audit Certification.--
          (1) In general.--The Secretary of Transportation, 
        acting through the Administrator of the Federal 
        Aviation Administration, shall include a provision in 
        the compliance supplement provisions to require a 
        recipient of a project grant (or any other recipient of 
        Federal financial assistance that is provided for an 
        airport) to include as part of an annual audit 
        conducted under sections 7501 through 7505 of title 31, 
        a review concerning the funding activities with respect 
        to an airport that is the subject of the project grant 
        (or other Federal financial assistance) and the 
        sponsors, owners, or operators (or other recipients) 
        involved.
          (2) Content of review.--A review conducted under 
        paragraph (1) shall provide reasonable assurances that 
        funds paid or transferred to sponsors are paid or 
        transferred in a manner consistent with the applicable 
        requirements of this chapter and any other applicable 
        provision of law (including regulations promulgated by 
        the Secretary or the Administrator).
  (m) Recovery of Illegally Diverted Funds.--
          (1) In general.--Not later than 180 days after the 
        issuance of an audit or any other report that 
        identifies an illegal diversion of airport revenues (as 
        determined under subsections (b) and (k) and section 
        47133), the Secretary, acting through the 
        Administrator, shall--
                  (A) review the audit or report;
                  (B) perform appropriate factfinding; and
                  (C) conduct a hearing and render a final 
                determination concerning whether the illegal 
                diversion of airport revenues asserted in the 
                audit or report occurred.
          (2) Notification.--Upon making such a finding, the 
        Secretary, acting through the Administrator, shall 
        provide written notification to the sponsor and the 
        airport of--
                  (A) the finding; and
                  (B) the obligations of the sponsor to 
                reimburse the airport involved under this 
                paragraph.
          (3) Administrative action.--The Secretary may 
        withhold any amount from funds that would otherwise be 
        made available to the sponsor, including funds that 
        would otherwise be made available to a State, 
        municipality, or political subdivision thereof 
        (including any multimodal transportation agency or 
        transit authority of which the sponsor is a member 
        entity) as part of an apportionment or grant made 
        available pursuant to this title, if the sponsor--
                  (A) receives notification that the sponsor is 
                required to reimburse an airport; and
                  (B) has had an opportunity to reimburse the 
                airport, but has failed to do so.
          (4) Civil action.--If a sponsor fails to pay an 
        amount specified under paragraph (3) during the 180-day 
        period beginning on the date of notification and the 
        Secretary is unable to withhold a sufficient amount 
        under paragraph (3), the Secretary, acting through the 
        Administrator, may initiate a civil action under which 
        the sponsor shall be liable for civil penalty in an 
        amount equal to the illegal diversion in question plus 
        interest (as determined under subsection (n)).
          (5) Disposition of penalties.--
                  (A) Amounts withheld.--The Secretary or the 
                Administrator shall transfer any amounts 
                withheld under paragraph (3) to the Airport and 
                Airway Trust Fund.
                  (B) Civil penalties.--With respect to any 
                amount collected by a court in a civil action 
                under paragraph (4), the court shall cause to 
                be transferred to the Airport and Airway Trust 
                Fund any amount collected as a civil penalty 
                under paragraph (4).
          (6) Reimbursement.--The Secretary, acting through the 
        Administrator, shall, as soon as practicable after any 
        amount is collected from a sponsor under paragraph (4), 
        cause to be transferred from the Airport and Airway 
        Trust Fund to an airport affected by a diversion that 
        is the subject of a civil action under paragraph (4), 
        reimbursement in an amount equal to the amount that has 
        been collected from the sponsor under paragraph (4) 
        (including any amount of interest calculated under 
        subsection (n)).
          (7) Statute of limitations.--No person may bring an 
        action for the recovery of funds illegally diverted in 
        violation of this section (as determined under 
        subsections (b) and (k)) or section 47133 after the 
        date that is 6 years after the date on which the 
        diversion occurred.
  (n) Interest.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary, acting through the Administrator, shall 
        charge a minimum annual rate of interest on the amount 
        of any illegal diversion of revenues referred to in 
        subsection (m) in an amount equal to the average 
        investment interest rate for tax and loan accounts of 
        the Department of the Treasury (as determined by the 
        Secretary of the Treasury) for the applicable calendar 
        year, rounded to the nearest whole percentage point.
          (2) Adjustment of interest rates.--If, with respect 
        to a calendar quarter, the average investment interest 
        rate for tax and loan accounts of the Department of the 
        Treasury exceeds the average investment interest rate 
        for the immediately preceding calendar quarter, rounded 
        to the nearest whole percentage point, the Secretary of 
        the Treasury may adjust the interest rate charged under 
        this subsection in a manner that reflects that change.
          (3) Accrual.--Interest assessed under subsection (m) 
        shall accrue from the date of the actual illegal 
        diversion of revenues referred to in subsection (m).
          (4) Determination of applicable rate.--The applicable 
        rate of interest charged under paragraph (1) shall--
                  (A) be the rate in effect on the date on 
                which interest begins to accrue under paragraph 
                (3); and
                  (B) remain at a rate fixed under subparagraph 
                (A) during the duration of the indebtedness.
  (o) Payment by Airport to Sponsor.--If, in the course of an 
audit or other review conducted under this section, the 
Secretary or the Administrator determines that an airport owes 
a sponsor funds as a result of activities conducted by the 
sponsor or expenditures by the sponsor for the benefit of the 
airport, interest on that amount shall be determined in the 
same manner as provided in paragraphs (1) through (4) of 
subsection (n), except that the amount of any interest assessed 
under this subsection shall be determined from the date on 
which the Secretary or the Administrator makes that 
determination.
  (p) Notwithstanding any written assurances prescribed in 
subsections (a) through (o), a general aviation airport with 
more than 300,000 annual operations may be exempt from having 
to accept scheduled passenger air carrier service, provided 
that the following conditions are met:
          (1) No scheduled passenger air carrier has provided 
        service at the airport within 5 years prior to January 
        1, 2002.
          (2) The airport is located within or underneath the 
        Class B airspace of an airport that maintains an 
        airport operating certificate pursuant to section 44706 
        of title 49.
          (3) The certificated airport operating under section 
        44706 of title 49 does not contribute to significant 
        passenger delays as defined by DOT/FAA in the ``Airport 
        Capacity Benchmark Report 2001''.
  (q) An airport that meets the conditions of paragraphs (1) 
through (3) of subsection (p) is not subject to section 47524 
of title 49 with respect to a prohibition on all scheduled 
passenger service.
  (r) Competition Disclosure Requirement.--
          (1) In general.--The Secretary of Transportation may 
        approve an application under this subchapter for an 
        airport development project grant for a large hub 
        airport or a medium hub airport only if the Secretary 
        receives assurances that the airport sponsor will 
        provide the information required by paragraph (2) at 
        such time and in such form as the Secretary may 
        require.
          (2) Competitive access.--On February 1 and August 1 
        of each year, an airport that during the previous 6-
        month period has been unable to accommodate one or more 
        requests by an air carrier for access to gates or other 
        facilities at that airport in order to provide service 
        to the airport or to expand service at the airport 
        shall transmit a report to the Secretary that--
                  (A) describes the requests;
                  (B) provides an explanation as to why the 
                requests could not be accommodated; and
                  (C) provides a time frame within which, if 
                any, the airport will be able to accommodate 
                the requests.
          (3) Sunset provision.--This subsection shall cease to 
        be effective beginning October 1, 2023.
  (s) Agreements Granting Through-The-Fence Access to General 
Aviation Airports.--
          (1) In general.--Subject to paragraph (2), a sponsor 
        of a general aviation airport shall not be considered 
        to be in violation of this subtitle, or to be in 
        violation of a grant assurance made under this section 
        or under any other provision of law as a condition for 
        the receipt of Federal financial assistance for airport 
        development, solely because the sponsor enters into an 
        agreement that grants to a person that owns residential 
        real property adjacent to or near the airport access to 
        the airfield of the airport for the following:
                  (A) Aircraft of the person.
                  (B) Aircraft authorized by the person.
          (2) Through-the-fence agreements.--
                  (A) In general.--An agreement described in 
                paragraph (1) between an airport sponsor and a 
                property owner (or an association representing 
                such property owner) shall be a written 
                agreement that prescribes the rights, 
                responsibilities, charges, duration, and other 
                terms the airport sponsor determines are 
                necessary to establish and manage the airport 
                sponsor's relationship with the property owner.
                  (B) Terms and conditions.--An agreement 
                described in paragraph (1) between an airport 
                sponsor and a property owner (or an association 
                representing such property owner) shall require 
                the property owner, at minimum--
                          (i) to pay airport access charges 
                        that, as determined by the airport 
                        sponsor, are comparable to those 
                        charged to tenants and operators on-
                        airport making similar use of the 
                        airport;
                          (ii) to bear the cost of building and 
                        maintaining the infrastructure that, as 
                        determined by the airport sponsor, is 
                        necessary to provide aircraft located 
                        on the property adjacent to or near the 
                        airport access to the airfield of the 
                        airport;
                          (iii) to maintain the property for 
                        residential, noncommercial use for the 
                        duration of the agreement;
                          (iv) to prohibit access to the 
                        airport from other properties through 
                        the property of the property owner; and
                          (v) to prohibit any aircraft 
                        refueling from occurring on the 
                        property.
          (3) Exemption.--The terms and conditions of paragraph 
        (2) shall not apply to an agreement described in 
        paragraph (1) made before the enactment of the FAA 
        Modernization and Reform Act of 2012 (Public Law 112-
        95) that the Secretary determines does not comply with 
        such terms and conditions but involves property that is 
        subject to deed or lease restrictions that are 
        considered perpetual and that cannot readily be brought 
        into compliance. However, if the Secretary determines 
        that the airport sponsor and residential property 
        owners are able to make any modification to such an 
        agreement on or after the date of enactment of this 
        paragraph, the exemption provided by this paragraph 
        shall no longer apply.
  (t) Renewal of Certain Leases.--
          (1) In general.--Notwithstanding subsection (a)(13), 
        an airport owner or operator who renews a covered lease 
        shall not be treated as violating a written assurance 
        requirement under this section as a result of such 
        renewal.
          (2) Covered lease defined.--In this subsection, the 
        term ``covered lease'' means a lease--
                  (A) originally entered into before the date 
                of enactment of this subsection;
                  (B) under which a nominal lease rate is 
                provided;
                  (C) under which the lessee is a Federal or 
                State government entity; and
                  (D) that supports the operation of military 
                aircraft by the Air Force or Air National 
                Guard--
                          (i) at the airport; or
                          (ii) remotely from the airport.
  (u) Construction of Recreational Aircraft.--
          (1) In general.--The construction of a covered 
        aircraft shall be treated as an aeronautical activity 
        for purposes of--
                  (A) determining an airport's compliance with 
                a grant assurance made under this section or 
                any other provision of law; and
                  (B) the receipt of Federal financial 
                assistance for airport development.
          (2) Covered aircraft defined.--In this subsection, 
        the term ``covered aircraft'' means an aircraft--
                  (A) used or intended to be used exclusively 
                for recreational purposes; and
                  (B) constructed or under construction by a 
                private individual at a general aviation 
                airport.
  (v) Community Use of Airport Land.--
          (1) In general.--Notwithstanding subsection (a)(13), 
        and subject to paragraph (2), the sponsor of a public-
        use airport shall not be considered to be in violation 
        of this subtitle, or to be found in violation of a 
        grant assurance made under this section, or under any 
        other provision of law, as a condition for the receipt 
        of Federal financial assistance for airport 
        development, solely because the sponsor has entered 
        into an agreement, including a revised agreement, with 
        a local government providing for the use of airport 
        property for an interim compatible recreational purpose 
        at below fair market value.
          (2) Restrictions.--This subsection shall apply only--
                  (A) to an agreement regarding airport 
                property that was initially entered into before 
                the publication of the Federal Aviation 
                Administration's Policy and Procedures 
                Concerning the Use of Airport Revenue, dated 
                February 16, 1999;
                  (B) if the agreement between the sponsor and 
                the local government is subordinate to any 
                existing or future agreements between the 
                sponsor and the Secretary, including agreements 
                related to a grant assurance under this 
                section;
                  (C) to airport property that was acquired 
                under a Federal airport development grant 
                program;
                  (D) if the airport sponsor has provided a 
                written statement to the Administrator that the 
                property made available for a recreational 
                purpose will not be needed for any aeronautical 
                purpose during the next 10 years;
                  (E) if the agreement includes a term of not 
                more than 2 years to prepare the airport 
                property for the interim compatible 
                recreational purpose and not more than 10 years 
                of use for that purpose;
                  (F) if the recreational purpose will not 
                impact the aeronautical use of the airport;
                  (G) if the airport sponsor provides a 
                certification that the sponsor is not 
                responsible for preparation, start-up, 
                operations, maintenance, or any other costs 
                associated with the recreational purpose; and
                  (H) if the recreational purpose is consistent 
                with Federal land use compatibility criteria 
                under section 47502.
          (3) Statutory construction.--Nothing in this 
        subsection may be construed as permitting a diversion 
        of airport revenue for the capital or operating costs 
        associated with the community use of airport land.
  (w) Mothers' Rooms.--
          (1) In general.--[In fiscal year 2021 and each fiscal 
        year thereafter, the Secretary of Transportation] The 
        Secretary of Transportation may approve an application 
        under this subchapter for an airport development 
        project grant only if the Secretary receives written 
        assurances that the airport owner or operator will 
        maintain--
                  (A) a lactation area in the sterile area of 
                each passenger terminal building of the 
                airport; and
                  (B) a baby changing table in [one men's and 
                one women's] at least one men's and at least 
                one women's restroom in each passenger terminal 
                building of the airport.
          (2) Applicability.--
                  [(A) Airport size.--The requirement in 
                paragraph (1) shall only apply to applications 
                submitted by the airport sponsor of a medium or 
                large hub airport.]
                  (A) Airport size.--The requirements in 
                paragraph (1) shall only apply to applications 
                submitted by the airport sponsor of--
                          (i) a medium or large hub airport in 
                        fiscal year 2021 and each fiscal year 
                        thereafter; and
                          (ii) a small hub airport in fiscal 
                        year 2023 and each fiscal year 
                        thereafter.
                  (B) Preexisting facilities.--On application 
                by an airport sponsor, the Secretary may 
                determine that a lactation area in existence on 
                [the date of enactment of this Act complies 
                with the requirement in paragraph (1)] October 
                5, 2018, complies with the requirement in 
                paragraph (1)(A), notwithstanding the absence 
                of one of the facilities or characteristics 
                referred to in the definition of the term 
                ``lactation area'' in this subsection.
                  (C) Special rule.--The requirement in 
                [paragraph (1)] paragraph (1)(A) shall not 
                apply with respect to a project grant 
                application for a period of time, determined by 
                the Secretary, if the Secretary determines that 
                construction or maintenance activities make it 
                impracticable or unsafe for the lactation area 
                to be located in the sterile area of the 
                building.
          (3) Definition.--In this section, the term--
                  (A) ``lactation area'' means a room or 
                similar accommodation that--
                          (i) provides a location for members 
                        of the public to express breast milk 
                        that is shielded from view and free 
                        from intrusion from the public;
                          (ii) has a door that can be locked;
                          (iii) includes a place to sit, a 
                        table or other flat surface, a sink or 
                        sanitizing equipment, and an electrical 
                        outlet;
                          (iv) is readily accessible to and 
                        usable by individuals with 
                        disabilities, including individuals who 
                        use wheelchairs; and
                          (v) is not located in a restroom; and
                  (B) ``sterile area'' has the same meaning 
                given that term in section 1540.5 of title 49, 
                Code of Federal Regulations.

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