-CITE- 49 USC CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -MISC1- Sec. 48101. Air navigation facilities and equipment. 48102. Research and development. 48103. Airport planning and development and noise compatibility planning and programs. 48104. Operations and maintenance. 48105. Weather reporting services. 48106. Airway science curriculum grants. 48107. Civil aviation security research and development. 48108. Availability and uses of amounts. 48109. Submission of budget information and legislative recommendations and comments. 48110. Facilities for advanced training of maintenance technicians for air carrier aircraft. 48111. Funding proposals. 48112. Adjustment to AIP program funding. 48113. Reprogramming notification requirement. 48114. Funding for aviation programs. AMENDMENTS 2003 - Pub. L. 108-176, title I, Sec. 104(b), Dec. 12, 2003, 117 Stat. 2497, added item 48114. 2000 - Pub. L. 106-181, title I, Secs. 107(b), 108(b), Apr. 5, 2000, 114 Stat. 73, 74, added items 48112 and 48113. 1996 - Pub. L. 104-264, title I, Secs. 102(b)(2), 103(d)(2), title II, Sec. 275(b), Oct. 9, 1996, 110 Stat. 3216, 3217, 3247, inserted "and equipment" after "facilities" in item 48101, substituted "Operations and maintenance" for "Certain direct costs and joint air navigation services" in item 48104, and added item 48111. -End- -CITE- 49 USC Sec. 48101 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48101. Air navigation facilities and equipment -STATUTE- (a) General Authorization of Appropriations. - Not more than a total of the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to acquire, establish, and improve air navigation facilities under section 44502(a)(1)(A) of this title: (1) $3,138,000,000 for fiscal year 2004; (2) $2,993,000,000 for fiscal year 2005; (3) $3,053,000,000 for fiscal year 2006; and (4) $3,110,000,000 for fiscal year 2007. (b) Availability of Amounts. - Amounts appropriated under this section remain available until expended. (c) Enhanced Safety and Security for Aircraft Operations in the Gulf of Mexico. - Of amounts appropriated under subsection (a), such sums as may be necessary for fiscal years 2004 through 2007 may be used to expand and improve the safety, efficiency, and security of air traffic control, navigation, low altitude communications and surveillance, and weather services in the Gulf of Mexico. (d) Operational Benefits of Wake Vortex Advisory System. - Of amounts appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2004 through 2007 may be used for the development and analysis of wake vortex advisory systems. (e) Ground-Based Precision Navigational Aids. - Of amounts appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2004 to 2007 may be used to establish a program for the installation of a precision approach aid designed to improve aircraft accessibility at mountainous airports with limited land if the approach aid is able to provide curved and segmented approach guidance for noise abatement purposes and other such approach aids and is certified or approved by the Administrator. (f) Automated Surface Observation System/Automated Weather Observing System Upgrade. - Of the amounts appropriated under subsection (a), such sums as may be necessary may be used for the implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated. (g) Life-Cycle Cost Estimates. - The Administrator of the Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total life- cycle costs of which equal or exceed $50,000,000. (h) Standby Power Efficiency Program. - Of amounts appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2004 through 2007 may be used by the Secretary of Transportation, in cooperation with the Secretary of Energy and, where applicable, the Secretary of Defense, to establish a program to improve the efficiency, cost effectiveness, and environmental performance of standby power systems at Federal Aviation Administration sites, including the implementation of fuel cell technology. (i) Pilot Program To Provide Incentives for Development of New Technologies. - Of amounts appropriated under subsection (a), $500,000 for fiscal year 2004 may be used for the conduct of a pilot program to provide operating incentives to users of the airspace for the deployment of new technologies, including technologies to facilitate expedited flight routing and sequencing of takeoffs and landings. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103-305, title I, Sec. 102(a), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104-264, title I, Sec. 102(a), (b)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 106-6, Sec. 3, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106-181, title I, Sec. 102, Apr. 5, 2000, 114 Stat. 65; Pub. L. 108- 176, title I, Sec. 102, Dec. 12, 2003, 117 Stat. 2494.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48101(a) 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L. 97-248, Sec. 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100-223, Sec. 103(c)(1), 101 Stat. 1488. 49 App.:2205(a)(1) Sept. 3, 1982, Pub. L. (1st sentence). 97-248, Sec. 506(a)(1), 96 Stat. 677; restated Dec. 30, 1987, Pub. L. 100-223, Sec. 105(a)(2), 101 Stat. 1490; Nov. 5, 1990, Pub. L. 101-508, Sec. 9105(b), 104 Stat. 1388-355; Oct. 31, 1992, Pub. L. 102-581, Sec. 103(a), 106 Stat. 4877. 48101(b) 49 App.:2202(a)(24). 49 App.:2205(a)(2) Sept. 3, 1982, Pub. L. (1st sentence). 97-248, Sec. 506(a)(2), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100-223, Sec. 105(a)(2), 101 Stat. 1490; restated Oct. 31, 1992, Pub. L. 102-581, Sec. 103(b), 106 Stat. 4877. 48101(c) 49 App.:2205(a)(1) (last sentence), (2) (last sentence). -------------------------------------------------------------------- In subsection (a), the words "to the Secretary of Transportation" are added for clarity and consistency in this chapter. The words "for fiscal years beginning after September 30, 1990" and "$2,500,000,000 for fiscal year 1991" are omitted as obsolete. AMENDMENTS 2003 - Subsec. (a)(1) to (5). Pub. L. 108-176, Sec. 102(1), added pars. (1) to (4) and struck out formers par. (1) to (5) which read as follows: "(1) $2,131,000,000 for fiscal year 1999. "(2) $2,689,000,000 for fiscal year 2000. "(3) $2,656,765,000 for fiscal year 2001. "(4) $2,914,000,000 for fiscal year 2002. "(5) $2,981,022,000 for fiscal year 2003." Subsecs. (b) to (e). Pub. L. 108-176, Sec. 102(2), (3), added subsecs. (c) to (e), redesignated former subsec. (c) as (b), and struck out former subsecs. (b), (d) and (e), which related, respectively, to major airway capital investment plan changes, universal access systems, and the Alaska National Air Space Interfacility Communications System. Subsec. (f). Pub. L. 108-176, Sec. 102(4), struck out "for fiscal years beginning after September 30, 2000" after "appropriated under subsection (a)" and inserted "may be used" after "may be necessary". Subsecs. (h), (i). Pub. L. 108-176, Sec. 102(5), added subsecs. (h) and (i). 2000 - Subsec. (a). Pub. L. 106-181, Sec. 102(a), added pars. (1) to (5) and struck out former pars. (1) to (3) which read as follows: "(1) $2,068,000,000 for fiscal year 1997. "(2) $2,129,000,000 for fiscal year 1998. "(3) $2,131,000,000 for fiscal year 1999." Subsec. (d). Pub. L. 106-181, Sec. 102(b), added subsec. (d). Subsec. (e). Pub. L. 106-181, Sec. 102(c), added subsec. (e). Subsec. (f). Pub. L. 106-181, Sec. 102(d), added subsec. (f). Subsec. (g). Pub. L. 106-181, Sec. 102(e), added subsec. (g). 1999 - Subsec. (a)(3). Pub. L. 106-6 added par. (3). 1996 - Pub. L. 104-264, Sec. 102(b)(1), inserted "and equipment" after "facilities" in section catchline. Subsec. (a). Pub. L. 104-264, Sec. 102(a), added pars. (1) and (2) and struck out former pars. (1) to (4) which read as follows: "(1) For the fiscal years ending September 30, 1991-1993, $8,200,000,000. "(2) For the fiscal years ending September 30, 1991-1994, $10,724,000,000. "(3) For the fiscal years ending September 30, 1991-1995, $13,394,000,000. "(4) For the fiscal years ending September 30, 1991-1996, $16,129,000,000." 1994 - Subsec. (a)(1). Pub. L. 103-305, Sec. 102(a)(1), substituted "For" for "for". Subsec. (a)(2). Pub. L. 103-305, Sec. 102(a)(2), substituted "For" for "for" and "$10,724,000,000" for "$11,100,000,000". Subsec. (a)(3). Pub. L. 103-305, Sec. 102(a)(3), substituted "For" for "for" and "$13,394,000,000" for "$14,000,000,000". Subsec. (a)(4). Pub. L. 103-305, Sec. 102(a)(4), added par. (4). EFFECTIVE DATE OF 2003 AMENDMENT 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. EFFECTIVE DATE OF 2000 AMENDMENT 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. EFFECTIVE DATE OF 1996 AMENDMENT 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. FACILITIES AND EQUIPMENT REPORTS Pub. L. 108-176, title I, Sec. 184, Dec. 12, 2003, 117 Stat. 2517, provided that: "(a) Biannual Reports. - Beginning 180 days after the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure every 6 months that describes - "(1) the 10 largest programs funded under section 48101(a) of title 49, United States Code; "(2) any changes in the budget for such programs; "(3) the program schedule; and "(4) technical risks associated with the programs. "(b) Sunset Provision. - This section shall cease to be effective beginning on the date that is 4 years after the date of enactment of this Act [Dec. 12, 2003]." FUNDING FOR AVIATION PROGRAMS Pub. L. 106-181, title I, Sec. 106(a)-(c), Apr. 5, 2000, 114 Stat. 72, 73, which related to budget resources made available from the Airport and Airway Trust Fund through fiscal year 2003, was repealed by Pub. L. 108-176, title I, Sec. 104(c), Dec. 12, 2003, 117 Stat. 2497. -End- -CITE- 49 USC Sec. 48102 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48102. Research and development -STATUTE- (a) Authorization of Appropriations. - Not more than the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) for conducting civil aviation research and development under sections 44504, 44505, 44507, 44509, and 44511-44513 of this title: (1) for fiscal year 1995 - (A) $7,673,000 for management and analysis projects and activities; (B) $80,901,000 for capacity and air traffic management technology projects and activities; (C) $39,242,000 for communications, navigation, and surveillance projects and activities; (D) $2,909,000 for weather projects and activities; (E) $8,660,000 for airport technology projects and activities; (F) $51,004,000 for aircraft safety technology projects and activities; (G) $36,604,000 for system security technology projects and activities; (H) $26,484,000 for human factors and aviation medicine projects and activities; (I) $8,124,000 for environment and energy projects and activities; and (J) $5,199,000 for innovative/cooperative research projects and activities; (2) for fiscal year 1996 - (A) $8,056,000 for management and analysis projects and activities; (B) $84,946,000 for capacity and air traffic management technology projects and activities; (C) $41,204,000 for communications, navigation, and surveillance projects and activities; (D) $3,054,000 for weather projects and activities; (E) $9,093,000 for airport technology projects and activities; (F) $53,554,000 for aircraft safety technology projects and activities; (G) $38,434,000 for system security technology projects and activities; (H) $27,808,000 for human factors and aviation medicine projects and activities; (I) $8,532,000 for environment and energy projects and activities; and (J) $5,459,000 for innovative/cooperative research projects and activities; (3) for fiscal year 1997 - (A) $13,660,000 for system development and infrastructure projects and activities; (B) $34,889,000 for capacity and air traffic management technology projects and activities; (C) $19,000,000 for communications, navigation, and surveillance projects and activities; (D) $13,000,000 for weather projects and activities; (E) $5,200,000 for airport technology projects and activities; (F) $36,504,000 for aircraft safety technology projects and activities; (G) $57,055,000 for system security technology projects and activities; (H) $23,504,000 for human factors and aviation medicine projects and activities; (I) $3,600,000 for environment and energy projects and activities; and (J) $2,000,000 for innovative/cooperative research projects and activities; (4) for fiscal year 1998, $226,800,000, including - (A) $16,379,000 for system development and infrastructure projects and activities; (B) $27,089,000 for capacity and air traffic management technology projects and activities; (C) $23,362,000 for communications, navigation, and surveillance projects and activities; (D) $16,600,000 for weather projects and activities; (E) $7,854,000 for airport technology projects and activities; (F) $49,202,000 for aircraft safety technology projects and activities; (G) $53,759,000 for system security technology projects and activities; (H) $26,550,000 for human factors and aviation medicine projects and activities; (I) $2,891,000 for environment and energy projects and activities; and (J) $3,114,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out the grant program established under subsection (h); (5) for fiscal year 1999, $229,673,000; (6) for fiscal year 2000, $224,000,000, including - (A) $17,269,000 for system development and infrastructure projects and activities; (B) $33,042,500 for capacity and air traffic management technology projects and activities; (C) $11,265,400 for communications, navigation, and surveillance projects and activities; (D) $19,300,000 for weather projects and activities; (E) $6,358,200 for airport technology projects and activities; (F) $44,457,000 for aircraft safety technology projects and activities; (G) $53,218,000 for system security technology projects and activities; (H) $26,207,000 for human factors and aviation medicine projects and activities; (I) $3,481,000 for environment and energy projects and activities; and (J) $2,171,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out subsection (h); (7) for fiscal year 2001, $237,000,000; (8) for fiscal year 2002, $249,000,000; (9) for fiscal year 2004, $346,317,000, including - (A) $65,000,000 for Improving Aviation Safety; (B) $24,000,000 for Weather Safety Research; (C) $27,500,000 for Human Factors and Aeromedical Research; (D) $30,000,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,000,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperative Research Program; (G) $1,500,000 for carrying out subsection (h) of this section; (H) $42,800,000 for Advanced Technology Development and Prototyping; (I) $30,300,000 for Safe Flight 21; (J) $90,800,000 for the Center for Advanced Aviation System Development; (K) $9,667,000 for Airports Technology-Safety; and (L) $7,750,000 for Airports Technology-Efficiency; (10) for fiscal year 2005, $356,192,000, including - (A) $65,705,000 for Improving Aviation Safety; (B) $24,260,000 for Weather Safety Research; (C) $27,800,000 for Human Factors and Aeromedical Research; (D) $30,109,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,076,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperative Research Program; (G) $1,650,000 for carrying out subsection (h) of this section; (H) $43,300,000 for Advanced Technology Development and Prototyping; (I) $31,100,000 for Safe Flight 21; (J) $95,400,000 for the Center for Advanced Aviation System Development; (K) $2,200,000 for Free Flight Phase 2; (L) $9,764,000 for Airports Technology-Safety; and (M) $7,828,000 for Airports Technology-Efficiency; (11) for fiscal year 2006, $352,157,000, including - (A) $66,447,000 for Improving Aviation Safety; (B) $24,534,000 for Weather Safety Research; (C) $28,114,000 for Human Factors and Aeromedical Research; (D) $30,223,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,156,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperation Research Program; (G) $1,815,000 for carrying out subsection (h) of this section; (H) $42,200,000 for Advanced Technology Development and Prototyping; (I) $23,900,000 for Safe Flight 21; (J) $100,000,000 for the Center for Advanced Aviation System Development; (K) $9,862,000 for Airports Technology-Safety; and (L) $7,906,000 for Airports Technology-Efficiency; and (12) for fiscal year 2007, $356,261,000, including - (A) $67,244,000 for Improving Aviation Safety; (B) $24,828,000 for Weather Safety Research; (C) $28,451,000 for Human Factors and Aeromedical Research; (D) $30,586,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,242,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperation Research Program; (G) $1,837,000 for carrying out subsection (h) of this section; (H) $42,706,000 for Advanced Technology Development and Prototyping; (I) $24,187,000 for Safe Flight 21; (J) $101,200,000 for the Center for Advanced Aviation System Development; (K) $9,980,000 for Airports Technology-Safety; and (L) $8,000,000 for Airports Technology-Efficiency. (b) Research Priorities. - (1) The Administrator shall consider the advice and recommendations of the research advisory committee established by section 44508 of this title in establishing priorities among major categories of research and development activities carried out by the Federal Aviation Administration. (2) At least 15 percent of the amount appropriated under subsection (a) of this section shall be for long-term research projects. (3) At least 3 percent of the amount appropriated under subsection (a) of this section shall be available to the Administrator of the Federal Aviation Administration to make grants under section 44511 of this title. (c) Transfers Between Categories. - (1) Not more than 10 percent of the net amount authorized for a category of projects and activities in a fiscal year under subsection (a) of this section may be transferred to or from that category in that fiscal year. (2) The Secretary may transfer more than 10 percent of an authorized amount to or from a category only after - (A) submitting a written explanation of the proposed transfer to the Committees on Science and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and (B) 30 days have passed after the explanation is submitted or each Committee notifies the Secretary in writing that it does not object to the proposed transfer. (d) Airport Capacity Research and Development. - (1) Of the amounts made available under subsection (a) of this section, at least $25,000,000 may be appropriated each fiscal year for research and development under section 44505(a) and (c) of this title on preserving and enhancing airport capacity, including research and development on improvements to airport design standards, maintenance, safety, operations, and environmental concerns. (2) The Administrator shall submit to the Committees on Science and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on expenditures made under paragraph (1) of this subsection for each fiscal year. The report shall be submitted not later than 60 days after the end of the fiscal year. (e) Air Traffic Controller Performance Research. - Necessary amounts may be appropriated to the Secretary out of amounts in the Fund available for research and development to conduct research under section 44506(a) and (b) of this title. (f) Availability of Amounts. - Amounts appropriated under subsection (a) of this section remain available until expended. (h) (!1) Research Grants Program Involving Undergraduate Students. - (1) Establishment. - The Administrator of the Federal Aviation Administration shall establish a program to utilize undergraduate and technical colleges, including Historically Black Colleges and Universities and Hispanic Serving Institutions, in research on subjects of relevance to the Federal Aviation Administration. Grants may be awarded under this subsection for - (A) research projects to be carried out at primarily undergraduate institutions and technical colleges; (B) research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation Administration; (C) research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and power plant licensees; or (D) research on the impact of new technologies and procedures, particularly those related to aircraft flight deck and air traffic management functions, on training requirements for pilots and air traffic controllers. (2) Notice of criteria. - Within 6 months after the date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1998, the Administrator of the Federal Aviation Administration shall establish and publish in the Federal Register criteria for the submittal of proposals for a grant under this subsection, and for the awarding of such grants. (3) Principal criteria. - The principal criteria for the awarding of grants under this subsection shall be - (A) the relevance of the proposed research to technical research needs identified by the Federal Aviation Administration; (B) the scientific and technical merit of the proposed research; and (C) the potential for participation by undergraduate students in the proposed research. (4) Competitive, merit-based evaluation. - Grants shall be awarded under this subsection on the basis of evaluation of proposals through a competitive, merit-based process. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103-305, title III, Sec. 302, Aug. 23, 1994, 108 Stat. 1589; Pub. L. 104-264, title XI, Secs. 1102, 1103, Oct. 9, 1996, 110 Stat. 3278; Pub. L. 104-287, Sec. 5(9), (74), Oct. 11, 1996, 110 Stat. 3389, 3396; Pub. L. 105-155, Secs. 2, 3, Feb. 11, 1998, 112 Stat. 5; Pub. L. 106-181, title IX, Sec. 901, Apr. 5, 2000, 114 Stat. 194; Pub. L. 108-176, title VII, Secs. 701, 707, Dec. 12, 2003, 117 Stat. 2574, 2582.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48102(a) 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L. 97-248, Sec. 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100-223, Sec. 103(c)(1), 101 Stat. 1488. 49 App.:2205(b)(2) Sept. 3, 1982, Pub. L. (1st sentence). 97-248, Sec. 506(b)(2), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100-223, Sec. 105(b)(1), 101 Stat. 1490; Nov. 3, 1988, Pub. L. 100-591, Sec. 7, 102 Stat. 3014; Nov. 5, 1990, Pub. L. 101-508, Sec. 9202, 104 Stat. 1388-372; Oct. 31, 1992, Pub. L. 102-581, Sec. 302, 106 Stat. 4895. 48102(b) 49 App.:2205(b)(2) (last sentence). 48102(c) 49 App.:2205(b)(3). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(b)(3), (5), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100-223, Sec. 105(b)(1), 101 Stat. 1491. 48102(d) 49 App.:2205(b)(4). Sept. 30, 1982, Pub. L. 97-248, Sec. 506(b)(4), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100-223, Sec. 105(b)(1), 101 Stat. 1491; Nov. 5, 1990, Pub. L. 101-508, Sec. 9203, 104 Stat. 1388-373. 48102(e) 49 App.:1353 (note). Nov. 3, 1988, Pub. L. 100-591, Sec. 8(d), 102 Stat. 3016; Nov. 17, 1988, Pub. L. 100-685, Sec. 604, 102 Stat. 4103. 48102(f) 49 App.:2205(b)(5). -------------------------------------------------------------------- In subsections (a) and (b), as to applicability of section 305(b) of the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992 (Pub. L. 102-581, 106 Stat. 4896), see section 6(b) of the bill. In subsection (a)(1), the word "solely" is omitted as surplus. Before clause (1), the words "to the Secretary of Transportation" are added for clarity and consistency in this chapter. In subsection (d)(1), the words "Notwithstanding any other provision of this subsection" and "in each of fiscal years 1988, 1989, 1990, 1991, and 1992" are omitted as surplus. In subsection (d)(2), the reference to fiscal years 1988-1992 and the words "by the Administrator for research and development" are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1998, referred to in subsec. (h)(2), is the date of enactment of Pub. L. 105-155, which was approved Feb. 11, 1998. -MISC2- AMENDMENTS 2003 - Subsec. (a). Pub. L. 108-176, Sec. 701(1), substituted "for conducting civil aviation research and development under sections 44504" for "to carry out sections 44504" in introductory provisions. Subsec. (a)(9) to (12). Pub. L. 108-176, Sec. 701(2)-(4), added pars. (9) to (12). Subsec. (h)(1)(D). Pub. L. 108-176, Sec. 707, added subpar. (D). 2000 - Subsec. (a)(6) to (8). Pub. L. 106-181 added pars. (6) to (8). 1998 - Subsec. (a)(4). Pub. L. 105-155, Sec. 2, added par. (4). Subsec. (a)(4)(J). Pub. L. 105-155, Sec. 3(b), inserted ", of which $750,000 shall be for carrying out the grant program established under subsection (h)" after "projects and activities". Subsec. (a)(5). Pub. L. 105-155, Sec. 2, added par. (5). Subsec. (h). Pub. L. 105-155, Sec. 3(a), added subsec. (h). 1996 - Subsec. (a)(3). Pub. L. 104-264, Sec. 1102, added par. (3). Subsec. (b). Pub. L. 104-264, Sec. 1103, substituted "Research Priorities" for "Availability for Research" in heading, added par. (1), and redesignated former pars. (1) and (2) as (2) and (3), respectively. Subsec. (c)(2)(A). Pub. L. 104-287, Sec. 5(74), substituted "Committees on Science" for "Committees on Science, Space, and Technology". Subsec. (d)(2). Pub. L. 104-287, Sec. 5(74), substituted "Committees on Science" for "Committees on Science, Space, and Technology". Pub. L. 104-287, Sec. 5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation". 1994 - Subsec. (a)(1), (2). Pub. L. 103-305 inserted pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: "(1) for the fiscal year ending September 30, 1993 - "(A) $14,700,000 only for management and analysis projects and activities. "(B) $87,000,000 only for capacity and air traffic management technology projects and activities. "(C) $28,000,000 only for communications, navigation, and surveillance projects and activities. "(D) $7,700,000 only for weather projects and activities. "(E) $6,800,000 only for airport technology projects and activities. "(F) $44,000,000 only for aircraft safety technology projects and activities. "(G) $41,100,000 only for system security technology projects and activities. "(H) $31,000,000 only for human factors and aviation medicine projects and activities. "(I) $4,500,000 for environment and energy projects and activities. "(J) $5,200,000 for innovative and cooperative research projects and activities. "(2) for the fiscal year ending September 30, 1994, $297,000,000." EFFECTIVE DATE OF 2003 AMENDMENT 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. EFFECTIVE DATE OF 2000 AMENDMENT 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. EFFECTIVE DATE OF 1996 AMENDMENT 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. NOTICES Pub. L. 105-155, Sec. 4, Feb. 11, 1998, 112 Stat. 6, provided that: "(a) Reprogramming. - If any funds authorized by the amendments made by this Act [amending this section] are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committees on Science and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. "(b) Notice of Reorganization. - The Administrator of the Federal Aviation Administration shall provide notice to the Committees on Science, Transportation and Infrastructure, and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 30 days before any major reorganization (as determined by the Administrator) of any program of the Federal Aviation Administration for which funds are authorized by this Act." -FOOTNOTE- (!1) So in original. No subsec. (g) has been enacted. -End- -CITE- 49 USC Sec. 48103 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48103. Airport planning and development and noise compatibility planning and programs -STATUTE- The total amounts which shall be available after September 30, 2003, to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants for airport planning and airport development under section 47104 of this title, airport noise compatibility planning under section 47505(a)(2) of this title, and carrying out noise compatibility programs under section 47504(c) of this title shall be - (1) $3,400,000,000 for fiscal year 2004; (2) $3,500,000,000 for fiscal year 2005; (3) $3,600,000,000 for fiscal year 2006; and (4) $3,700,000,000 for fiscal year 2007. Such sums shall remain available until expended. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 103-305, title I, Sec. 101(a), Aug. 23, 1994, 108 Stat. 1570; Pub. L. 104-264, title I, Sec. 101(a), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105-277, div. C, title I, Sec. 110(b)(1), Oct. 21, 1998, 112 Stat. 2681-587; Pub. L. 106-6, Sec. 2(a), Mar. 31, 1999, 113 Stat. 10; Pub. L. 106-31, title VI, Sec. 6002(a), May 21, 1999, 113 Stat. 113; Pub. L. 106-59, Sec. 1(a), Sept. 29, 1999, 113 Stat. 482; Pub. L. 106-181, title I, Sec. 101(a), Apr. 5, 2000, 114 Stat. 65; Pub. L. 108-176, title I, Sec. 101(a), Dec. 12, 2003, 117 Stat. 2494.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48103 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L. 97-248, Sec. 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100-223, Sec. 103(c)(1), 101 Stat. 1488. 49 App.:2204(a) (2d Sept. 3, 1982, Pub. L. sentence). 97-248, Sec. 505(a) (2d sentence), 96 Stat. 676; Jan. 6, 1983, Pub. L. 97-424, Sec. 426(b)(1)-(5), 96 Stat. 2167; restated Dec. 30, 1987, Pub. L. 100-223, Sec. 105(e), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101-508, Sec. 9104(1), 104 Stat. 1388-355; Oct. 31, 1992, Pub. L. 102-581, Sec. 102(a), 106 Stat. 4876. -------------------------------------------------------------------- In this section, references to the aggregate amounts for fiscal years ending before October 1, 1987-1992, are omitted as obsolete. The words "of which $475,000,000 shall be credited to the supplementary discretionary fund established by section 2206(a)(3)(B)" are omitted as executed. In restating section 505(a) (2d sentence) of the Airport and Airway Improvement Act of 1982 (Public Law 97-248, 96 Stat. 676), the cross-reference to the discretionary fund was retained but is incorrect because of the restatement of section 507 of the Airport and Airway Improvement Act of 1982 (Public Law 97-248, 96 Stat. 679) by section 426(a) of the Highway Improvement Act of 1982 (Public Law 97-424, 96 Stat. 2167). See section 47115 of the revised title. AMENDMENTS 2003 - Pub. L. 108-176, Sec. 101(a)(1), substituted "September 30, 2003" for "September 30, 1998" in introductory provisions. Pars. (1) to (5). Pub. L. 108-176, Sec. 101(a)(2), added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows: "(1) $2,410,000,000 for fiscal year 1999; "(2) $2,475,000,000 for fiscal year 2000; "(3) $3,200,000,000 for fiscal year 2001; "(4) $3,300,000,000 for fiscal year 2002; and "(5) $3,400,000,000 for fiscal year 2003." 2000 - Pub. L. 106-181 substituted "shall be - " along with pars. (1) to (5) and concluding provisions for "shall be $2,410,000,000 for the fiscal year ending September 30, 1999." 1999 - Pub. L. 106-59 substituted "$2,410,000,000 for the fiscal year ending September 30, 1999." for "$2,050,000,000 for the period beginning October 1, 1998 and ending August 6, 1999." Pub. L. 106-31 substituted "$2,050,000,000 for the period beginning October 1, 1998 and ending August 6, 1999." for "$1,607,000,000 for the 8-month period beginning October 1, 1998.". Pub. L. 106-6 substituted "$1,607,000,000 for the 8-month period beginning October 1, 1998." for "$1,205,000,000 for the six-month period beginning October 1, 1998". 1998 - Pub. L. 105-277 substituted "September 30, 1998" for "September 30, 1996" and "$1,205,000,000 for the six-month period beginning October 1, 1998" for "$2,280,000,000 for fiscal years ending before October 1, 1997, and $4,627,000,000 for fiscal years ending before October 1, 1998." 1996 - Pub. L. 104-264 substituted "September 30, 1996" for "September 30, 1981" and "$2,280,000,000 for fiscal years ending before October 1, 1997, and $4,627,000,000 for fiscal years ending before October 1, 1998." for "$17,583,500,000 for fiscal years ending before October 1, 1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending before October 1, 1996." 1994 - Pub. L. 103-305 substituted "The total amounts which shall be available after September 30, 1981, to the Secretary of Transportation" for "Not more than a total of $15,966,700,000 is available to the Secretary of Transportation for the fiscal years ending September 30, 1982-1993," and inserted before period at end "shall be $17,583,500,000 for fiscal years ending before October 1, 1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending before October 1, 1996". EFFECTIVE DATE OF 2003 AMENDMENT 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. EFFECTIVE DATE OF 2000 AMENDMENT 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. EFFECTIVE DATE OF 1996 AMENDMENT 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. NOTICE OF GRANTS Pub. L. 106-181, title I, Sec. 159, Apr. 5, 2000, 114 Stat. 90, provided that: "(a) Timely Announcement. - The Secretary [of Transportation] shall announce a grant to be made with funds made available under section 48103 of title 49, United States Code, in a timely fashion after receiving necessary documentation concerning the grant from the Administrator [of the Federal Aviation Administration]. "(b) Notice to Committees. - If the Secretary provides any committee of Congress advance notice of a grant to be made with funds made available under section 48103 of title 49, United States Code, the Secretary shall provide, on the same date, such notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate." -End- -CITE- 49 USC Sec. 48104 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48104. Operations and maintenance -STATUTE- (a) Authorization of Appropriations. - the (!1) balance of the money available in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for - (1) direct costs the Secretary incurs to flight check, operate, and maintain air navigation facilities referred to in section 44502(a)(1)(A) of this title safely and efficiently; and (2) the costs of services provided under international agreements related to the joint financing of air navigation services assessed against the United States Government. [(b), (c). Repealed. Pub. L. 106-181, title I, Sec. 106(d)(2), Apr. 5, 2000, 114 Stat. 73.] -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 103-305, title I, Sec. 102(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104-264, title I, Sec. 103(b), (d)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 104-287, Sec. 5(87), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 106-181, title I, Sec. 106(d), Apr. 5, 2000, 114 Stat. 73.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48104(a) 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L. 97-248, Sec. 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100-223, Sec. 103(c)(1), 101 Stat. 1488. 49 App.:2205(c)(1). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(c)(1), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100-223, Sec. 105(g)(2)(A), (C), 101 Stat. 1494. 48104(b) 49 App.:2205(c)(2). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(c)(2), 96 Stat. 678; Jan. 6, 1983, Pub. L. 97-424, Sec. 426(c), 96 Stat. 2168; Dec. 30, 1987, Pub. L. 100-223, Sec. 105(g)(2)(B), (C), 101 Stat. 1494. 49 App.:2205(c)(3). Sept. 3, 1982, Pub. L. 97-248, 96 Stat. 324, Sec. 506(c)(3); added Dec. 30, 1987, Pub. L. 100-223, Sec. 105(c)(1), 101 Stat. 1492; Nov. 5, 1990, Pub. L. 101-508, Sec. 9107(a), 104 Stat. 1388-355. 49 App.:2205(c)(4). Sept. 3, 1982, Pub. L. 97-248, 96 Stat. 324, Sec. 506(c)(4); added Nov. 5, 1990, Pub. L. 101-508, Sec. 9107(b), 104 Stat. 1388-355; Oct. 31, 1992, Pub. L. 102-581, Sec. 103(c)(1), 106 Stat. 4877. -------------------------------------------------------------------- In subsection (a), before clause (1), the words "Except as provided in this section" are added for clarity. The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter. In subsection (b), the text of 49 App.:2205(c)(2) and (3) and the reference to fiscal years 1991 and 1992 in 49 App:2205(c)(4) are omitted as obsolete. PUB. L. 104-287 This makes a clarifying amendment to the catchline for 49:48104(b). AMENDMENTS 2000 - Subsec. (a). Pub. L. 106-181, Sec. 106(d)(1), struck out "Except as provided in this section," before "the balance of the money" in introductory provisions. Subsecs. (b), (c). Pub. L. 106-181, Sec. 106(d)(2), struck out heading and text of subsecs. (b) and (c), which set out funding limitations for fiscal year 1993 and fiscal years 1994 to 1998, respectively. 1996 - Pub. L. 104-264, Sec. 103(d)(1), substituted "Operations and maintenance" for "Certain direct costs and joint air navigation services" in section catchline. Subsec. (b). Pub. L. 104-287 substituted "Year" for "Years" in heading. Subsec. (c). Pub. L. 104-264, Sec. 103(b)(1), (2), substituted "1998" for "1996" in heading and "1994 through 1998" for "1994, 1995, and 1996" in introductory provisions. Subsec. (c)(2)(A). Pub. L. 104-264, Sec. 103(b)(3), substituted "72.5 percent" for "70 percent". 1994 - Subsec. (b). Pub. L. 103-305, Sec. 102(b)(1), (2), inserted "for Fiscal Years 1993" in heading and substituted "fiscal year 1993" for "each of the fiscal years ending September 30, 1993- 1995," in introductory provisions. Subsec. (c). Pub. L. 103-305, Sec. 102(b)(3), added subsec. (c). EFFECTIVE DATE OF 2000 AMENDMENT 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. EFFECTIVE DATE OF 1996 AMENDMENT 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. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 49 USC Sec. 48105 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48105. Weather reporting services -STATUTE- To reimburse the Secretary of Commerce for the cost incurred by the National Oceanic and Atmospheric Administration of providing weather reporting services to the Federal Aviation Administration, the Secretary of Transportation may expend from amounts available under section 48104 of this title not more than the following amounts: (1) for the fiscal year ending September 30, 1993, $35,596,000. (2) for the fiscal year ending September 30, 1994, $37,800,000. (3) for the fiscal year ending September 30, 1995, $39,000,000. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1296.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48105 49 App.:2205(d). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(d), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100-223, Sec. 105(c)(2), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101-508, Secs. 9108, 9204, 104 Stat. 1388-355, 1388-373; Oct. 31, 1992, Pub. L. 102-581, Sec. 103(d), 106 Stat. 4877. -------------------------------------------------------------------- The words "for fiscal years beginning after September 30, 1982" are omitted as obsolete. The words "Secretary of Commerce" are substituted for "National Oceanic and Atmospheric Administration" because of 15:1501. The words "The Federal Aviation Administration with" are omitted as surplus. -End- -CITE- 49 USC Sec. 48106 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48106. Airway science curriculum grants -STATUTE- Amounts are available from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out section 44510 of this title. The amounts remain available until expended. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1296.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48106 49 App.:1354a (2d Nov. 5, 1990, Pub. L. sentence). 101-516, (2d sentence in par. under heading "Facilities and Equipment"), 104 Stat. 2160. Oct. 28, 1991, Pub. L. 102-143, (2d sentence in par. under heading "Facilities and Equipment"), 105 Stat. 922. Oct. 6, 1992, Pub. L. 102-388, (2d sentence in par. under heading "Facilities and Equipment"), 106 Stat. 1526. -------------------------------------------------------------------- This section is substituted for the source provisions for clarity and because of the restatement. -End- -CITE- 49 USC Sec. 48107 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48107. Civil aviation security research and development -STATUTE- After the review under section 44912(b) of this title is completed, necessary amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under section 44912(a)(4)(A). -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1297.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48107 49 App.:1357(d)(9). Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 316(d)(9); added Nov. 16, 1990, Pub. L. 101-604, Sec. 107, 104 Stat. 3077. -------------------------------------------------------------------- The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter. -End- -CITE- 49 USC Sec. 48108 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48108. Availability and uses of amounts -STATUTE- (a) Availability of Amounts. - Amounts equal to the amounts authorized under sections 48101-48105 of this title remain in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of sections 48101-48105. (b) Limitations on Uses. - (1) Amounts in the Fund may be appropriated only to carry out a program or activity referred to in this chapter. (2) Amounts in the Fund may be appropriated for administrative expenses of the Department of Transportation or a component of the Department only to the extent authorized by section 48104 of this title. (c) Limitation on Obligating or Expending Amounts. - In a fiscal year beginning after September 30, 1998, the Secretary of Transportation may obligate or expend an amount appropriated out of the Fund under section 48104 of this title only if a law expressly amends section 48104. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 103-305, title I, Sec. 102(c), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104-264, title I, Sec. 103(c), Oct. 9, 1996, 110 Stat. 3216.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48108(a) 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L. 97-248, Sec. 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100-223, Sec. 103(c)(1), 101 Stat. 1488. 49 App.:2205(e)(2). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(e)(2), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100-223, Sec. 105(g)(3), 101 Stat. 1494. 48108(b)(1) 49 App.:2205(e)(1). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(e)(1), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100-223, Sec. 105(d)(1), 101 Stat. 1493. 48108(b)(2) 49 App.:2205(e)(3). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(e)(3), 96 Stat. 679. 48108(c) 49 App.:2205(e)(5). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(e)(5), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100-223, Sec. 105(d)(2), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102-581, Sec. 103(c)(2), 106 Stat. 4877. -------------------------------------------------------------------- In subsection (a), the words "for each fiscal year" are omitted as surplus. In subsection (b)(1), the words "Notwithstanding any other provision of law to the contrary" are omitted as surplus. The reference to "this chapter" is intended to include sections 48106 and 48107 of the revised title for accuracy because the source provisions for those sections were enacted after the source provisions being restated in this section. In subsection (b)(2), the words "for any fiscal year" are omitted as surplus. In subsection (c), the words "be construed as" and "the purposes described in" are omitted as surplus. AMENDMENTS 1996 - Subsec. (c). Pub. L. 104-264 substituted "1998" for "1996". 1994 - Subsec. (c). Pub. L. 103-305 substituted "1996" for "1995". EFFECTIVE DATE OF 1996 AMENDMENT 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. -End- -CITE- 49 USC Sec. 48109 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48109. Submission of budget information and legislative recommendations and comments -STATUTE- When the Administrator of the Federal Aviation Administration submits to the Secretary of Transportation, the President, or the Director of the Office of Management and Budget any budget information, legislative recommendation, or comment on legislation about amounts authorized in section 48101 or 48102 of this title, the Administrator concurrently shall submit a copy of the information, recommendation, or comment to the Speaker of the House of Representatives, the Committees on Transportation and Infrastructure and Appropriations of the House, the President of the Senate, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48109 49 App.:2205(f). Sept. 3, 1982, Pub. L. 97-248, Sec. 506(f), 96 Stat. 679. -------------------------------------------------------------------- The words "Director of the Office of Management and Budget" are substituted for "Office of Management and Budget" because of 31:502(a). The words "or transmits . . . budget estimate, budget request, supplemental budget estimate, or other" and "thereof" are omitted as surplus. AMENDMENTS 1996 - Pub. L. 104-287 substituted "Transportation and Infrastructure" for "Public Works and Transportation". -End- -CITE- 49 USC Sec. 48110 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48110. Facilities for advanced training of maintenance technicians for air carrier aircraft -STATUTE- For the fiscal years ending September 30, 1993-1995, amounts necessary to carry out section 44515 of this title may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502). The amounts remain available until expended. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1297.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 48110 49 App.:1354 (note). Oct. 31, 1992, Pub. L. 102-581, Sec. 119(d), 106 Stat. 4884. -------------------------------------------------------------------- The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter. -End- -CITE- 49 USC Sec. 48111 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48111. Funding proposals -STATUTE- (a) Introduction in the Senate. - Within 15 days (not counting any day on which the Senate is not in session) after a funding proposal is submitted to the Senate by the Secretary of Transportation under section 274(c) of the Air Traffic Management System Performance Improvement Act of 1996, an implementing bill with respect to such funding proposal shall be introduced in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. (b) Consideration in the Senate. - An implementing bill introduced in the Senate under subsection (a) shall be referred to the Committee on Commerce, Science, and Transportation. The Committee on Commerce, Science, and Transportation shall report the bill with its recommendations within 60 days following the date of introduction of the bill. Upon the reporting of the bill by the Committee on Commerce, Science, and Transportation, the reported bill shall be referred sequentially to the Committee on Finance for a period of 60 legislative days. (c) Definitions. - For purposes of this section, the following definitions apply: (1) Implementing bill. - The term "implementing bill" means only a bill of the Senate which is introduced as provided in subsection (a) with respect to one or more Federal Aviation Administration funding proposals which contain changes in existing laws or new statutory authority required to implement such funding proposal or proposals. (2) Funding proposal. - The term "funding proposal" means a proposal to provide interim or permanent funding for operations of the Federal Aviation Administration. (d) Rules of the Senate. - The provisions of this section are enacted - (1) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate. -SOURCE- (Added Pub. L. 104-264, title II, Sec. 275(a), Oct. 9, 1996, 110 Stat. 3246.) -REFTEXT- REFERENCES IN TEXT Section 274(c) of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (a), is section 274(c) of Pub. L. 104-264, which is set out as a note under section 40101 of this title. -MISC1- EFFECTIVE DATE Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104-264, set out as an Effective Date of 1996 Amendment note under section 106 of this title. Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title. -End- -CITE- 49 USC Sec. 48112 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48112. Adjustment to AIP program funding -STATUTE- On the effective date of a general appropriations Act providing appropriations for a fiscal year beginning after September 30, 2000, for the Federal Aviation Administration, the amount made available for a fiscal year under section 48103 shall be increased by the amount, if any, by which - (1) the amount authorized to be appropriated under section 48101 for such fiscal year; exceeds (2) the amounts appropriated for programs funded under such section for such fiscal year. Any contract authority made available by this section shall be subject to an obligation limitation. -SOURCE- (Added Pub. L. 106-181, title I, Sec. 107(a), Apr. 5, 2000, 114 Stat. 73.) -MISC1- EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set out as an Effective Date of 2000 Amendments note under section 106 of this title. -End- -CITE- 49 USC Sec. 48113 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48113. Reprogramming notification requirement -STATUTE- Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. -SOURCE- (Added Pub. L. 106-181, title I, Sec. 108(a), Apr. 5, 2000, 114 Stat. 73.) -MISC1- EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set out as an Effective Date of 2000 Amendments note under section 106 of this title. -End- -CITE- 49 USC Sec. 48114 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART C - FINANCING CHAPTER 481 - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS -HEAD- Sec. 48114. Funding for aviation programs -STATUTE- (a) Authorization of Appropriations. - (1) Airport and airway trust fund guarantee. - (A) In general. - The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2007 pursuant to sections 48101, 48102, 48103, and 106(k) of title 49, United States Code, shall be equal to the level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b). (B) Guarantee. - No funds may be appropriated or limited for aviation investment programs listed in subsection (b) unless the amount described in subparagraph (A) has been provided. (2) Additional authorizations of appropriations from the general fund. - In any fiscal year through fiscal year 2007, if the amount described in paragraph (1) is appropriated, there is further authorized to be appropriated from the general fund of the Treasury such sums as may be necessary for the Federal Aviation Administration Operations account. (b) Definitions. - In this section, the following definitions apply: (1) Total budget resources. - The term "total budget resources" means the total amount made available from the Airport and Airway Trust Fund for the sum of obligation limitations and budget authority made available for a fiscal year for the following budget accounts that are subject to the obligation limitation on contract authority provided in this title and for which appropriations are provided pursuant to authorizations contained in this title: (A) 69-8106-0-7-402 (Grants in Aid for Airports). (B) 69-8107-0-7-402 (Facilities and Equipment). (C) 69-8108-0-7-402 (Research and Development). (D) 69-8104-0-7-402 (Trust Fund Share of Operations). (2) Level of receipts plus interest. - The term "level of receipts plus interest" means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President's budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) (Treasury identification code 20-8103-0-7-402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. (c) Enforcement of Guarantees. - (1) Total airport and airway trust fund funding. - It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs described in subsection (b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year. (2) Capital priority. - It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any fiscal year through fiscal year 2007 for Research and Development or Operations if the sum of the obligation limitation for Grants-in- Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in-Aid for Airports and for Facilities and Equipment for such fiscal year. -SOURCE- (Added Pub. L. 108-176, title I, Sec. 104(a), Dec. 12, 2003, 117 Stat. 2496.) -REFTEXT- REFERENCES IN TEXT Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified to section 9502 of Title 26, Internal Revenue Code. Section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (b)(2), is classified to section 907 of Title 2, The Congress. -MISC1- EFFECTIVE DATE Section 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 an Effective Date of 2003 Amendment note under section 106 of this title. -End-