USC Chapter 481

in effect

49 U.S.C. § 48101 Air navigation facilities and equipment

(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) $3,191,250,000 for fiscal year 2024. (2) $3,575,000,000 for fiscal year 2025. (3) $3,625,000,000 for fiscal year 2026. (4) $3,675,000,000 for fiscal year 2027. (5) $3,725,000,000 for fiscal year 2028. (b) Availability of Amounts.—Amounts appropriated under this section remain available until expended. (c) Authorized Expenditures.—Of the amounts appropriated under subsection (a), such sums as may be necessary may be used for the following:(1) The implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated. (2) The acquisition and construction of remote towers (as defined in section 161 of the FAA Reauthorization Act of 2018). (3) The remediation and elimination of identified cybersecurity vulnerabilities in the air traffic control system. (4) The construction of facilities dedicated to improving the cybersecurity of the National Airspace System. (5) Systems associated with the Data Communications program. (6) The infrastructure, sustainment, and the elimination of the deferred maintenance backlog of air navigation facilities and other facilities for which the Federal Aviation Administration is responsible. (7) The modernization and digitization of the Civil Aviation Registry. (8) The construction of necessary Priority 1 National Airspace System facilities. (9) Cost-beneficial construction, rehabilitation, or retrofitting programs designed to reduce Federal Aviation Administration facility operating costs. (d) 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.

49 U.S.C. § 48102 Research and development

(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 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; (2) 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; (3) 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; (4) 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; (5) $171,000,000 for fiscal year 2009; (6) $190,500,000 for fiscal year 2010; (7) $170,000,000 for fiscal year 2011; (8) $168,000,000 for each of fiscal years 2012 through 2015; (9) $166,000,000 for each of fiscal years 2016 and 2017; (10) $189,000,000 for fiscal year 2018; (11) $194,000,000 for fiscal year 2019; (12) $199,000,000 for fiscal year 2020; (13) $204,000,000 for fiscal year 2021; (14) $209,000,000 for fiscal year 2022; (15) $214,000,000 for fiscal year 2023; (16) $280,000,000 for fiscal year 2024; (17) $311,000,000 for fiscal year 2025; (18) $323,000,000 for fiscal year 2026; (19) $334,000,000 for fiscal year 2027; and (20) $345,000,000 for fiscal year 2028. (b) Research Priorities.—(1) The Administrator shall prioritize safety in considering 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) As safety related activities shall be the highest research priority, at least 70 percent of the amount appropriated under subsection (a) of this section shall be for safety research and development projects. (3) At least 15 percent of the amount appropriated under subsection (a) of this section shall be for long-term research projects. (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. (g) Annual Submission of the National Aviation Research Plan.—The Administrator shall submit the national aviation research plan to Congress no later than the date that is 30 days after the date of submission of the President’s budget request to Congress for that fiscal year, as required under section 44501(c). (h) 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.

49 U.S.C. § 48103 Airport planning and development and noise compatibility planning and programs

(a) In General.—There shall be available to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 to make grants for airport planning and airport development under section 47104, airport noise compatibility planning under section 47505(a)(2), and carrying out noise compatibility programs under section 47504(c)—(1) $3,350,000,000 for fiscal year 2018; (2) $3,350,000,000 for fiscal year 2019; (3) $3,350,000,000 for fiscal year 2020; (4) $3,350,000,000 for fiscal year 2021; (5) $3,350,000,000 for fiscal year 2022; (6) $3,350,000,000 for fiscal year 2023; (7) $3,350,000,000 for fiscal year 2024; (8) $4,000,000,000 for fiscal year 2025; (9) $4,000,000,000 for fiscal year 2026; (10) $4,000,000,000 for fiscal year 2027; and (11) $4,000,000,000 for fiscal year 2028. (b) Availability of Amounts.—Amounts made available under subsection (a) shall remain available until expended.

49 U.S.C. § 48104 Operations and maintenance

The 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.

49 U.S.C. § 48105 Weather reporting services

To sustain the aviation weather reporting programs of 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. (4) $39,000,000 for each of fiscal years 2019 through 2023. (5) $60,000,000 for each of fiscal years 2024 through 2028.

49 U.S.C. § 48106 Airway science curriculum grants

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 11 See References in Text note below. of this title. The amounts remain available until expended.

49 U.S.C. § 48107 Civil aviation security research and development

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).

49 U.S.C. § 48108 Availability and uses of amounts

(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.

49 U.S.C. § 48109 Submission of budget information and legislative recommendations and comments

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.

49 U.S.C. § 48110 Facilities for advanced training of maintenance technicians for air carrier aircraft

For the fiscal years ending September 30, 1993–1995, amounts necessary to carry out section 44515 11 See References in Text note below. 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.

49 U.S.C. § 48111 Funding proposals

(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.

49 U.S.C. § 48113 Reprogramming notification requirement

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.

49 U.S.C. § 48114 Funding for aviation programs

(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 pursuant to sections 48101, 48102, 48103, and 106(k) shall—(i) in fiscal year 2013, be equal to 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and (ii) in fiscal years 2014 through 2018, be equal to the sum of—(I) 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and (II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year. Such amounts may be used only for the aviation investment programs listed in subsection (b)(1). (B) Guarantee.—No funds may be appropriated or limited for aviation investment programs listed in subsection (b)(1) 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 2018, 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) Estimated level of receipts plus interest.—The term “estimated 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 2018 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.