§ 47114. Apportionments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 47114

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1268

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1268

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1994

   Pub. L. 103–429 § 6(66)(A) · 108 Stat. 4377

   Substituted · 49 U.S.C. § 47114(c)(1)(B)

   Pub. L. 103–429, § 6(66)(A), substituted “$500,000” for “$400,000”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B). Pub. L. 103–429, § 6(66)(A), substituted “$500,000” for “$400,000”.

   Enacted provision · exact public law section
   (A) in paragraph (1)(B), strike “$400,000” and substitute “$500,000”.

3. 1994

   Pub. L. 103–429 § 6(66)(B) · 108 Stat. 4377

   1. Amended · 49 U.S.C. § 47114(c)(3)

      Pub. L. 103–429, § 6(66)(B), designated existing provisions as subpar. (A)

   2. Substituted · 49 U.S.C. § 47114(c)(3)

      Pub. L. 103–429, § 6(66)(B), substituted “Except as provided in subparagraph (B) of this paragraph, the” for “The”

   3. Substituted · 49 U.S.C. § 47114(c)(3)

      Pub. L. 103–429, § 6(66)(B), substituted “49.5” for “44”

   4. Substituted · 49 U.S.C. § 47114(c)(3)

      Pub. L. 103–429, § 6(66)(B), substituted “If this subparagraph” for “If this paragraph”

   5. Added · 49 U.S.C. § 47114(c)(3)

      Pub. L. 103–429, § 6(66)(B), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 103–429, § 6(66)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B) of this paragraph, the” for “The”, “49.5” for “44” in two places, and “If this subparagraph” for “If this paragraph”, and added subpar. (B).

   Enacted provision · exact public law section
   (B) In paragraph (3)— (i) insert “(A)” after “(3)”; (ii) strike “The” and substitute “Except as provided in subparagraph (B) of this paragraph, the”; (iii) strike “44” each place it appears and substitute “49.5”; (iv) strike “paragraph” and substitute “subparagraph”; and (v) insert after subparagraph (A) the following new subparagraph: “(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved.”.

4. 1996

   Pub. L. 104–264 § 121(a)(1)(B) · 110 Stat. 3213

   Substituted · 49 U.S.C. § 47114(c)(1)(A)(iv)

   Pub. L. 104–264, § 121(a)(1)(B), substituted “of the next 500,000 passenger boardings” for “additional passenger boarding”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A)(iv). Pub. L. 104–264, § 121(a)(1)(B), substituted “of the next 500,000 passenger boardings” for “additional passenger boarding”.

   Enacted provision · exact public law section
   (B) in clause (iv) by striking “additional passenger boarding” and inserting “of the next 500,000 passenger boardings”;

5. 1996

   Pub. L. 104–264 § 121(a)(1)(A) · 110 Stat. 3213

   Added · 49 U.S.C. § 47114(c)(1)(A)(v)

   Pub. L. 104–264, § 121(a)(1)(A), (C), (D), added cl. (v)

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A)(v). Pub. L. 104–264, § 121(a)(1)(A), (C), (D), added cl. (v).

   Enacted provision · exact public law section
   (A) by striking “and” at the end of clause (iii);

6. 1996

   Pub. L. 104–264 § 121(a)(2)(A) · 110 Stat. 3213

   Amended · 49 U.S.C. § 47114(c)(2)

   Pub. L. 104–264, § 121(a)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 104–264, § 121(a)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

   “(2)(A) The Secretary shall apportion to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds for each fiscal year an amount equal to 3.5 percent of the amount subject to apportionment each year, allocated among those airports in the proportion that the total annual landed weight of those aircraft landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. However, not more than 8 percent of the amount apportioned under this paragraph may be apportioned for any one airport. “(B) Landed weight under subparagraph (A) of this paragraph is the landed weight of aircraft landing at each of those airports and all those airports during the prior calendar year.”

   Enacted provision · exact public law section
   (2) Cargo only airports.— Section 47114(c)(2) of such title is amended to read as follows: “(2) Cargo only airports.— “(A) Apportionment.— Subject to subparagraph (D), the Secretary shall apportion an amount equal to 2.5 percent of the amount subject to apportionment each fiscal year to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds. “(B) Suballocation formula.— Any funds apportioned under subparagraph (A) to sponsors of airports described in subparagraph (A) shall be allocated among those airports in the proportion that the total annual landed weight of aircraft described in subparagraph (A) landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. “(C) Limitation.— Not more than 8 percent of the amount apportioned under subparagraph (A) may be apportioned for any one airport. “(D) Distribution to other airports.— Before apportioning amounts to the sponsors of airports under subparagraph (A) for a fiscal year, the Secretary may set-aside a portion of such amounts for distribution to the sponsors of other airports, selected by the Secretary, that the Secretary finds will be served primarily by aircraft providing air transportation of only cargo. “(E) Determination of landed weight.— Landed weight under this paragraph is the landed weight of air-craft landing at each airport described in subparagraph (A) during the prior calendar year.”.

7. 1996

   Pub. L. 104–264 § 121(a)(3) · 110 Stat. 3213

   Struck · 49 U.S.C. § 47114(c)(3)

   Pub. L. 104–264, § 121(a)(3), struck out par. (3) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 104–264, § 121(a)(3), struck out par. (3) which read as follows:

   “(3)(A) Except as provided in subparagraph (B) of this paragraph, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 49.5 percent limit is achieved. “(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved.”

   Enacted provision · exact public law section
   (3) Repeal of limitation.— Section 47114(c)(3) is repealed.

8. 1996

   Pub. L. 104–264 § 121(b)(1) · 110 Stat. 3213

   Substituted · 49 U.S.C. § 47114(d)(2)

   Pub. L. 104–264, § 121(b)(1), substituted “18.5” for “12” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 104–264, § 121(b)(1), substituted “18.5” for “12” in introductory provisions.

   Enacted provision · exact public law section
   (1) by striking “12” and inserting “18.5”;

9. 1996

   Pub. L. 104–264 § 121(b)(2) · 110 Stat. 3213

   Substituted · 49 U.S.C. § 47114(d)(2)(A)

   Pub. L. 104–264, § 121(b)(2), substituted “0.66” for “one”

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A). Pub. L. 104–264, § 121(b)(2), substituted “0.66” for “one”.

   Enacted provision · exact public law section
   (2) in subparagraph (A) by striking “one” and inserting “0.66”;

10. 1996

    Pub. L. 104–264 § 121(b)(3) · 110 Stat. 3213

    1. Substituted · 49 U.S.C. § 47114(d)(2)(B); 49 U.S.C. § 47114(d)(2)(C)

       Pub. L. 104–264, § 121(b)(3), (4), substituted “49.67” for “49.5”

    2. Substituted · 49 U.S.C. § 47114(d)(2)(B); 49 U.S.C. § 47114(d)(2)(C)

       Pub. L. 104–264, § 121(b)(3), (4), substituted “excluding primary airports but including reliever and nonprimary commercial service airports,” for “except primary airports and airports described in section 47117(e)(1)(C) of this title,”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B), (C). Pub. L. 104–264, § 121(b)(3), (4), substituted “49.67” for “49.5” and “excluding primary airports but including reliever and nonprimary commercial service airports,” for “except primary airports and airports described in section 47117(e)(1)(C) of this title,”.

    Enacted provision · exact public law section
    (3) in each of subparagraphs (B) and (C) by striking “49.5” and inserting “49.67”; and

11. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(a)(2)(A) · 114 Stat. 61

    Inserted · 49 U.S.C. § 47114(c)(1)

    Pub. L. 106–181, § 104(a)(2)(A), (C), inserted headings for par. (1) and subpar. (A) and realigned margins

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 106–181, § 104(a)(2)(A), (C), inserted headings for par. (1) and subpar. (A) and realigned margins.

    Enacted provision · exact public law section
    (A) by striking “(1)(A) The Secretary” and inserting the following: “(1) Primary airports.— “(A) Apportionment.— The Secretary”;

12. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(a)(1)(A) · 114 Stat. 61

    1. Inserted · 49 U.S.C. § 47114(c)(1)(B)

       Pub. L. 106–181, § 104(a)(1)(A), (2)(B), (C), inserted heading

    2. Substituted · 49 U.S.C. § 47114(c)(1)(B)

       Pub. L. 106–181, § 104(a)(1)(A), (2)(B), (C), substituted “$650,000” for “$500,000”, and realigned margins

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 106–181, § 104(a)(1)(A), (2)(B), (C), inserted heading, substituted “$650,000” for “$500,000”, and realigned margins.

    Enacted provision · exact public law section
    (A) in subparagraph (B) by striking “$500,000” and inserting “$650,000”, and

13. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(a)(1)(B) · 114 Stat. 61

    Added · 49 U.S.C. § 47114(c)(1)(C)(E)

    Pub. L. 106–181, § 104(a)(1)(B), added subpars. (C) to (E)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C) to (E). Pub. L. 106–181, § 104(a)(1)(B), added subpars. (C) to (E).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(C) Special rule.— In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more— “(i) the amount to be apportioned to a sponsor under subparagraph (A) shall be increased by doubling the amount that would otherwise be apportioned; “(ii) the minimum apportionment to a sponsor under subparagraph (B) shall be $1,000,000 rather than $650,000; and “(iii) the maximum apportionment to a sponsor under subparagraph (B) shall be $26,000,000 rather than $22,000,000. “(D) New airports.— Notwithstanding subparagraph (A), the Secretary shall apportion on the first day of the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to the minimum amount set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such airport. “(E) Use of previous fiscal year’s apportionment.— Notwithstanding subparagraph (A), the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the amount apportioned to that sponsor in the previous fiscal year if the Secretary finds that— “(i) passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment; “(ii) the airport had at least 10,000 passenger boardings in the calendar year prior to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and “(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air carrier to that airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.”.

14. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(b)(1) · 114 Stat. 61

    Substituted · 49 U.S.C. § 47114(c)(2)(A)

    Pub. L. 106–181, § 104(b)(1), substituted “3 percent” for “2.5 percent”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 106–181, § 104(b)(1), substituted “3 percent” for “2.5 percent”.

    Enacted provision · exact public law section
    (1) in subparagraph (A) by striking “2.5 percent” and inserting “3 percent”; and

15. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(b)(2) · 114 Stat. 61

    Substituted · 49 U.S.C. § 47114(c)(2)(C)

    Pub. L. 106–181, § 104(b)(2), substituted “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than” for “Not more than”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 106–181, § 104(b)(2), substituted “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than” for “Not more than”.

    Enacted provision · exact public law section
    (2) in subparagraph (C) by striking “Not more than” and inserting “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than”.

16. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(c) · 114 Stat. 61

    Amended · 49 U.S.C. § 47114(d)

    Pub. L. 106–181, § 104(c), amended heading and text of subsec. (d) generally, revising and restating as pars. (1) to (6) provisions formerly contained in pars. (1) to (3)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–181, § 104(c), amended heading and text of subsec. (d) generally, revising and restating as pars. (1) to (6) provisions formerly contained in pars. (1) to (3).

    Enacted provision · exact public law section
    (c) Entitlement for General Aviation Airports.— Section 47114(d) is amended to read as follows: “(d) Amounts Apportioned for General Aviation Airports.— “(1) Definitions.— In this subsection, the following definitions apply: “(A) Area.— The term ‘area’ includes land and water. “(B) Population.— The term ‘population’ means the population stated in the latest decennial census of the United States. “(2) Apportionment.— Except as provided in paragraph (3), the Secretary shall apportion to the States 18.5 percent of the amount subject to apportionment for each fiscal year as follows: “(A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. “(B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States. “(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States. “(3) Special rule.— In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment for each fiscal year as follows: “(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of— “(i) $150,000; or “(ii) ⅕ of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. “(B) Any remaining amount to States as follows: “(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. “(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States. “(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States. “(4) Airports in alaska, Puerto rico, and Hawaii.— An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions. “(5) Use of state highway specifications.— “(A) In general.— The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that— “(i) safety will not be negatively affected; and “(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. “(B) Limitation.— An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons. “(6) Integrated airport system planning.— Notwithstanding any other provision of this subsection, funds made available under this subsection may be used for integrated airport system planning that encompasses one or more primary airports.”.

17. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(d)(1) · 114 Stat. 61

    Substituted · 49 U.S.C. § 47114(e)

    Pub. L. 106–181, § 104(d)(1), substituted “Supplemental” for “Alternative” in heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–181, § 104(d)(1), substituted “Supplemental” for “Alternative” in heading.

    Enacted provision · exact public law section
    (1) in the subsection heading by striking “Alternative” and inserting “Supplemental”;

18. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(d)(2) · 114 Stat. 61

    1. Substituted · 49 U.S.C. § 47114(e)(1)

       Pub. L. 106–181, § 104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted “Notwithstanding” for “Instead of apportioning amounts for airports in Alaska under”

    2. Substituted · 49 U.S.C. § 47114(e)(1)

       Pub. L. 106–181, § 104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted “airports in Alaska” for “those airports”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 106–181, § 104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted “Notwithstanding” for “Instead of apportioning amounts for airports in Alaska under” and “airports in Alaska” for “those airports”.

    Enacted provision · exact public law section
    (2) in paragraph (1)— (A) by striking “Instead of apportioning amounts for airports in Alaska under” and inserting “In general.—” Notwithstanding”; and (B) by striking “those airports” and inserting “airports in Alaska”;

19. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(d)(3) · 114 Stat. 61

    Inserted · 49 U.S.C. § 47114(e)(2)

    Pub. L. 106–181, § 104(d)(3), (5), inserted heading and realigned margins

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 106–181, § 104(d)(3), (5), inserted heading and realigned margins.

    Enacted provision · exact public law section
    (3) in paragraph (2) by inserting “Authority for discretionary grants.—” before “This subsection”;

20. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 104(d)(4) · 114 Stat. 61

    1. Added · 49 U.S.C. § 47114(e)(3); 49 U.S.C. § 47114(e)(4)

       Pub. L. 106–181, § 104(d)(4), added pars. (3) and (4)

    2. Struck · 49 U.S.C. § 47114(e)(3); 49 U.S.C. § 47114(e)(4)

       Pub. L. 106–181, § 104(d)(4), struck out former par. (3) which read as follows: “Airports referred to in this subsection include those public airports that received scheduled service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency.”

    Source evidence

    Code amendment note
    Subsec. (e)(3), (4). Pub. L. 106–181, § 104(d)(4), added pars. (3) and (4) and struck out former par. (3) which read as follows: “Airports referred to in this subsection include those public airports that received scheduled service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency.”

    Enacted provision · exact public law section
    (4) by striking paragraph (3) and inserting the following: “(3) Airports eligible for funds.— An amount apportioned under this subsection may be used for any public airport in Alaska. “(4) Special rule.— In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned.”; and

21. 2000

    Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 § 105(c) · 114 Stat. 61

    1. Amended · 49 U.S.C. § 47114(f)

       Pub. L. 106–181, § 105(c), designated existing provisions as par. (1)

    2. Inserted · 49 U.S.C. § 47114(f)

       Pub. L. 106–181, § 105(c), inserted heading, realigned margins

    3. Substituted · 49 U.S.C. § 47114(f)

       Pub. L. 106–181, § 105(c), substituted “Subject to paragraph (3), an amount” for “An amount” and “an amount equal to—” and subpars. (A) and (B) for “an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section.”

    4. Added · 49 U.S.C. § 47114(f)

       Pub. L. 106–181, § 105(c), added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–181, § 105(c), designated existing provisions as par. (1), inserted heading, realigned margins, substituted “Subject to paragraph (3), an amount” for “An amount” and “an amount equal to—” and subpars. (A) and (B) for “an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section.”, and added pars. (2) and (3).

    Enacted provision · exact public law section
    (c) Reducing Apportionments.— Section 47114(f) is amended— (1) by striking “An amount” and inserting “(1) in general.—Subject to paragraph (3), an amount”; (2) by striking “an amount equal to” and all that follows through the period at the end and inserting the following: “an amount equal to— “(A) in the case of a fee of $3.00 or less, 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and “(B) in the case of a fee of more than $3.00, 75 percent of the projected revenues from the fee in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.”; (3) by adding at the end the following: “(2) Effective date of reduction.— A reduction in an apportionment required by paragraph (1) shall not take effect until the first fiscal year following the year in which the collection of the fee imposed under section 40117 is begun. “(3) Special rule for transitioning airports.— “(A) In general.— Beginning with the fiscal year following the first calendar year in which the sponsor of an airport has more than .25 percent of the total number of boardings in the United States, the sum of the amount that would be apportioned under this section after application of paragraph (1) in a fiscal year to such sponsor and the projected revenues to be derived from the fee in such fiscal year shall not be less than the sum of the apportionment to such airport for the preceding fiscal year and the revenues derived from such fee in the preceding fiscal year. “(B) Effective period.— Subparagraph (A) shall be in effect for fiscal years 2000 through 2003.”; and (4) by aligning paragraph (1) of such section (as designated by paragraph (1) of this section) with paragraph (2) of such section (as added by paragraph (3) of this section).

22. 2003

    Pub. L. 108–176 § 146(a) · 117 Stat. 2490

    Added · 49 U.S.C. § 47114(c)(1)(F)

    Pub. L. 108–176, § 146(a), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(F). Pub. L. 108–176, § 146(a), added subpar. (F).

    Enacted provision · exact public law section
    (a) In General.— Section 47114(c)(1) is amended by adding at the end the following: “(F) Special rule for fiscal years 2004 and 2005.— Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal years 2004 and 2005 to the sponsor of the airport an amount equal to the amount apportioned to that sponsor in fiscal year 2002 or 2003, whichever amount is greater, if the Secretary finds that— “(i) the passenger boardings at the airport were below 10,000 in calendar year 2002 or 2003; “(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and “(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.” .

23. 2003

    Pub. L. 108–176 § 147(1) · 117 Stat. 2490

    Struck · 49 U.S.C. § 47114(c)(2)

    Pub. L. 108–176, § 147(1), struck out “only” after “Cargo” in heading

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 108–176, § 147(1), struck out “only” after “Cargo” in heading.

    Enacted provision · exact public law section
    (1) in the paragraph heading by striking “only”; and

24. 2003

    Pub. L. 108–176 § 147(2) · 117 Stat. 2490

    Substituted · 49 U.S.C. § 47114(c)(2)(A)

    Pub. L. 108–176, § 147(2), substituted “3.5 percent” for “3 percent”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 108–176, § 147(2), substituted “3.5 percent” for “3 percent”.

    Enacted provision · exact public law section
    (2) in subparagraph (A) by striking “3 percent” and inserting “3.5 percent”.

25. 2003

    Pub. L. 108–176 § 146(b)(1) · 117 Stat. 2490

    Substituted · 49 U.S.C. § 47114(f)(3)

    Pub. L. 108–176, § 146(b)(1), substituted “airports” for “airorts” in heading

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 108–176, § 146(b)(1), substituted “airports” for “airorts” in heading.

    Enacted provision · exact public law section
    (1) in the paragraph heading by striking “airorts” and inserting “airports”; and

26. 2003

    Pub. L. 108–176 § 146(b)(2) · 117 Stat. 2490

    Substituted · 49 U.S.C. § 47114(f)(3)(B)

    Pub. L. 108–176, § 146(b)(2), substituted “fiscal year 2004” for “fiscal years 2000 through 2003”

    Source evidence

    Code amendment note
    Subsec. (f)(3)(B). Pub. L. 108–176, § 146(b)(2), substituted “fiscal year 2004” for “fiscal years 2000 through 2003”.

    Enacted provision · exact public law section
    (2) in subparagraph (B) by striking “fiscal years 2000 through 2003” and inserting “fiscal year 2004”.

27. 2005

    Department of Transportation Appropriations Act, 2006

    Pub. L. 109–115 div. A title I § 109 · 119 Stat. 2396

    Added · 49 U.S.C. § 47114(c)(1)(G)

    Pub. L. 109–115 added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(G). Pub. L. 109–115 added subpar. (G).

    Enacted provision · exact public law section
    Sec. 109. Section 47114(c)(1) of title 49, United States Code, is amended by adding the following new paragraph at the end: “(G) Special rule for fiscal year 2006.— Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal year 2006 to the sponsor of the airport an amount equal to $500,000, if the Secretary finds that— “(i) the passenger boardings at the airport were below 10,000 in calendar year 2004; “(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and “(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.” .

28. 2012

    FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 141(b) · 126 Stat. 11

    1. Added · 49 U.S.C. § 47114(c)(1)(F); 49 U.S.C. § 47114(c)(1)(G)

       Pub. L. 112–95, § 141(b), added subpar. (F)

    2. Struck · 49 U.S.C. § 47114(c)(1)(F); 49 U.S.C. § 47114(c)(1)(G)

       Pub. L. 112–95, § 141(b), struck out former subpars. (F) and (G) which related, respectively, to special rules for fiscal years 2004 and 2005 and to special rule for fiscal year 2006

    Source evidence

    Code amendment note
    Subsec. (c)(1)(F), (G). Pub. L. 112–95, § 141(b), added subpar. (F) and struck out former subpars. (F) and (G) which related, respectively, to special rules for fiscal years 2004 and 2005 and to special rule for fiscal year 2006.

    Enacted provision · exact public law section
    (b) Special Rule for Fiscal Years 2012 and 2013.— Section 47114(c)(1) is amended— (1) by striking subparagraphs (F) and (G); and (2) by inserting after subparagraph (E) the following: “(F) Special rule for fiscal years 2012 and 2013.— Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.” .

29. 2012

    FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 141(a) · 126 Stat. 11

    Added · 49 U.S.C. § 47114(d)(7)

    Pub. L. 112–95, § 141(a), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 112–95, § 141(a), added par. (7).

    Enacted provision · exact public law section
    (a) Eligibility To Receive Primary Airport Minimum Apportionment Amount.— Section 47114(d) is amended by adding at the end the following: “(7) Eligibility to receive primary airport minimum apportionment amount.— Notwithstanding any other provision of this subsection, the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the minimum apportionment available under subsection (c)(1)(B) if the Secretary finds that the airport— “(A) received scheduled or unscheduled air service from a large certificated air carrier (as defined in part 241 of title 14, Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) in the calendar year used to calculate the apportionment; and “(B) had more than 10,000 passenger boardings in the calendar year used to calculate the apportionment.” .

30. 2012

    FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 111(c)(2)(A)(iii) · 126 Stat. 11

    Substituted · 49 U.S.C. § 47114(f)

    Pub. L. 112–95, § 111(c)(2)(A)(iii), substituted “charge” for “fee” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–95, § 111(c)(2)(A)(iii), substituted “charge” for “fee” wherever appearing.

    Enacted provision · exact public law section
    (iii) Section 47114(f).

31. 2012

    FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 143 · 126 Stat. 11

    1. Added · 49 U.S.C. § 47114(f)(1)(A); 49 U.S.C. § 47114(f)(1)(B)

       Pub. L. 112–95, § 143, added subpars. (A) and (B)

    2. Struck · 49 U.S.C. § 47114(f)(1)(A); 49 U.S.C. § 47114(f)(1)(B)

       Pub. L. 112–95, § 143, struck out former subpars. (A) and (B) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A), (B). Pub. L. 112–95, § 143, added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

    “(A) in the case of a charge of $3.00 or less, 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and “(B) in the case of a charge of more than $3.00, 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.”

    Enacted provision · exact public law section
    SEC. 143. REDUCING APPORTIONMENTS.   Section 47114(f)(1) is amended by striking subparagraphs (A) and (B) and inserting the following: “(A) in the case of a charge of $3.00 or less— “(i) except as provided in clause (ii), 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; or “(ii) with respect to an airport in Hawaii, 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the excess of— “(I) the amount that otherwise would be apportioned under this section; over “(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers; and “(B) in the case of a charge of more than $3.00— “(i) except as provided in clause (ii), 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section; or “(ii) with respect to an airport in Hawaii, 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the excess of— “(I) the amount that otherwise would be apportioned under this section; over “(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers.” .

32. 2012

    FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 142 · 126 Stat. 11

    Added · 49 U.S.C. § 47114(g)

    Pub. L. 112–95, § 142, added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–95, § 142, added subsec. (g).

    Enacted provision · exact public law section
    SEC. 142. UNITED STATES TERRITORIES MINIMUM GUARANTEE.   Section 47114 is amended by adding at the end the following: “(g) Supplemental Apportionment for Puerto Rico and United States Territories.— The Secretary shall apportion amounts for airports in Puerto Rico and all other United States territories in accordance with this section. This subsection does not prohibit the Secretary from making project grants for airports in Puerto Rico or other United States territories from the discretionary fund under section 47115.” .

33. 2016

    FAA Extension, Safety, and Security Act of 2016

    Pub. L. 114–190 title II § 2301 · 130 Stat. 615

    Amended · 49 U.S.C. § 47114(c)(1)(F)

    Pub. L. 114–190 amended subpar. (F) generally. Prior to amendment, text read as follows: “Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(F). Pub. L. 114–190 amended subpar. (F) generally. Prior to amendment, text read as follows: “Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.”

    Enacted provision · exact public law section
    SEC. 2301. SMALL AIRPORT RELIEF FOR SAFETY PROJECTS.   Section 47114(c)(1)(F) of title 49, United States Code, is amended to read as follows: “(F) Special rule for fiscal year 2017.— Notwithstanding subparagraph (A), the Secretary shall apportion to a sponsor of an airport under that subparagraph for fiscal year 2017 an amount based on the number of passenger boardings at the airport during calendar year 2012 if the airport— “(i) had 10,000 or more passenger boardings during calendar year 2012; “(ii) had fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2017 under subparagraph (A); and “(iii) had scheduled air service at any point during the calendar year used to calculate the apportionment for fiscal year 2017 under subparagraph (A).” .

34. 2017

    Disaster Tax Relief and Airport and Airway Extension Act of 2017

    Pub. L. 115–63 title I § 102(b) · 131 Stat. 1168

    1. Struck · 49 U.S.C. § 47114(c)(1)(F)

       Pub. L. 115–63 struck out “for fiscal year 2017” after “rule” in heading

    2. Substituted · 49 U.S.C. § 47114(c)(1)(F)

       Pub. L. 115–63 substituted “for each of fiscal years 2017 and 2018 an amount” for “for fiscal year 2017 an amount” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1)(F). Pub. L. 115–63 struck out “for fiscal year 2017” after “rule” in heading and substituted “for each of fiscal years 2017 and 2018 an amount” for “for fiscal year 2017 an amount” in introductory provisions.

    Enacted provision · exact public law section
    (b) Section 47114(c)(1)(F) of title 49, United States Code, is amended— (1) in the subparagraph heading by striking “for fiscal year 2017”; and (2) in the matter preceding clause (i) by striking “for fiscal year 2017 an amount” and inserting “for each of fiscal years 2017 and 2018 an amount”.

35. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 151 · 132 Stat. 3187

    1. Added · 49 U.S.C. § 47114(c)(1)(F)(H)

       Pub. L. 115–254, § 151, added subpars. (F) to (H)

    2. Struck · 49 U.S.C. § 47114(c)(1)(F)(H)

       Pub. L. 115–254, § 151, struck out former subpar. (F) which related to apportionment of funds for fiscal years 2017 and 2018 to sponsors of primary airports

    Source evidence

    Code amendment note
    Subsec. (c)(1)(F) to (H). Pub. L. 115–254, § 151, added subpars. (F) to (H) and struck out former subpar. (F) which related to apportionment of funds for fiscal years 2017 and 2018 to sponsors of primary airports.

    Enacted provision · exact public law section
    SEC. 151. SMALL AIRPORT REGULATION RELIEF.   Section 47114(c)(1) of title 49, United States Code, is amended by striking subparagraph (F) and inserting the following: “(F) Special rule for fiscal years 2018 through 2020.— Notwithstanding subparagraph (A) and subject to subparagraph (G), the Secretary shall apportion to a sponsor of an airport under that subparagraph for each of fiscal years 2018 through 2020 an amount based on the number of passenger boardings at the airport during calendar year 2012 if the airport— “(i) had 10,000 or more passenger boardings during calendar year 2012; “(ii) had fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2018, 2019, or 2020, as applicable, under subparagraph (A); and “(iii) had scheduled air service at any point in the calendar year used to calculate the apportionment. “(G) Limitations and waivers.— The authority to make apportionments in the manner prescribed in subparagraph (F) may be utilized no more than 3 years in a row. The Secretary may waive this limitation if the Secretary determines that an airport’s enplanements are substantially close to 10,000 enplanements and the airport sponsor or affected communities are taking reasonable steps to restore enplanements above 10,000. “(H) Minimum apportionment for commercial service airports with more than 8,000 passenger boardings in a calendar year.— Not less than $600,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 10,000 passenger boardings, but at least 8,000 passenger boardings, during the prior calendar year.” .

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

36. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 164 · 132 Stat. 3187

    Added · 49 U.S.C. § 47114(c)(1)(I)

    Pub. L. 115–254, § 164, added subpar. (I)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(I). Pub. L. 115–254, § 164, added subpar. (I).

    Enacted provision · exact public law section
    SEC. 164. SEASONAL AIRPORTS.   Section 47114(c)(1) of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: “(I) Seasonal airports.— Notwithstanding section 47102, if the Secretary determines that a commercial service airport with at least 8,000 passenger boardings receives scheduled air carrier service for fewer than 6 months in the calendar year used to calculate apportionments to airport sponsors in a fiscal year, then the Secretary shall consider the airport to be a nonhub primary airport for purposes of this chapter.” .

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

37. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 148(b) · 132 Stat. 3187

    Added · 49 U.S.C. § 47114(d)(3)(C); 49 U.S.C. § 47114(d)(3)(D)

    Pub. L. 115–254, § 148(b), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(C), (D). Pub. L. 115–254, § 148(b), added subpars. (C) and (D).

    Enacted provision · exact public law section
    (b) Nonprimary Apportionment.— Section 47114(d)(3) of title 49, United States Code, is amended by adding at the end the following: “(C) During fiscal years 2019 and 2020— “(i) an airport that accrued apportionment funds under subparagraph (A) in fiscal year 2013 that is listed as having an unclassified status under the most recent national plan of integrated airport systems shall continue to accrue apportionment funds under subparagraph (A) at the same amount the airport accrued apportionment funds in fiscal year 2013, subject to the conditions of this paragraph; “(ii) notwithstanding the period of availability as described in section 47117(b), an amount apportioned to an airport under clause (i) shall be available to the airport only during the fiscal year in which the amount is apportioned; and “(iii) notwithstanding the waiver permitted under section 47117(c)(2), an airport receiving apportionment funds under clause (i) may not waive its claim to any part of the apportioned funds in order to make the funds available for a grant for another public-use airport. “(D) An airport that re-establishes its classified status shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains its classified status.” .

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

38. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 136 · 132 Stat. 3187

    Amended · 49 U.S.C. § 47114(d)(5)

    Pub. L. 115–254, § 136, amended par. (5) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 115–254, § 136, amended par. (5) generally. Prior to amendment, text read as follows:

    “(A) In general.—The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that— “(i) safety will not be negatively affected; and “(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. “(B) Limitation.—An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons.”

    Enacted provision · exact public law section
    SEC. 136. USE OF STATE HIGHWAY SPECIFICATIONS.   Section 47114(d)(5) of title 49, United States Code, is amended to read as follows: “(5) Use of state highway specifications.— The Secretary shall use the highway specifications of a State for airfield pavement construction and improvement using funds made available under this subsection at nonprimary airports serving aircraft that do not exceed 60,000 pounds gross weight if— “(A) such State requests the use of such specifications; and “(B) the Secretary determines that— “(i) safety will not be negatively affected; and “(ii) the life of the pavement, with necessary maintenance and upkeep, will not be shorter than it would be if constructed using Administration standards.” .

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

39. 2020

    Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021

    Pub. L. 116–260 div. L title IV § 422 · 134 Stat. 1182

    Added · 49 U.S.C. § 47114(c)(1)(J)

    Pub. L. 116–260 added subpar. (J)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(J). Pub. L. 116–260 added subpar. (J).

    Enacted provision · exact public law section
    Sec. 422. local cooperator training agreements and transfers of excess equipment and supplies for wildfires The Grants. Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations.

40. 2023

    Continuing Appropriations Act, 2024 and Other Extensions Act

    Pub. L. 118–15 div. B title II § 2201(e) · 137 Stat. 71

    Substituted · 49 U.S.C. § 47114(c)(1)(J)

    Pub. L. 118–15 substituted “2023, and for the period beginning on October 1, 2023, and ending on December 31, 2023, to” for “2023 to”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–15 substituted “2023, and for the period beginning on October 1, 2023, and ending on December 31, 2023, to” for “2023 to”.

    Enacted provision · exact public law section
    (e) Extension of Special Rule for Apportionments.— Section 47114(c)(1)(J) of title 49, United States Code, is amended by striking “2023 to” and inserting “2023, and for the period beginning on October 1, 2023, and ending on December 31, 2023, to”.

41. 2023

    Airport and Airway Extension Act of 2023, Part II

    Pub. L. 118–34 title I § 101(e) · 137 Stat. 1112

    Substituted · 49 U.S.C. § 47114(c)(1)(J)

    Pub. L. 118–34 substituted “March 8, 2024,” for “December 31, 2023,”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(J). Pub. L. 118–34 substituted “March 8, 2024,” for “December 31, 2023,”.

    Enacted provision · exact public law section
    (e) Extension of Special Rule for Apportionments.— Section 47114(c)(1)(J) of title 49, United States Code, is amended by striking “December 31, 2023,” and inserting “March 8, 2024,”.

42. 2024

    Pub. L. 118–41 title I § 101(e) · 138 Stat. 21

    Substituted · 49 U.S.C. § 47114(c)(1)(J)

    Pub. L. 118–41 substituted “May 10, 2024,” for “March 8, 2024,”

    Unresolved: Pub. L. 118–41 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1)(J). Pub. L. 118–41 substituted “May 10, 2024,” for “March 8, 2024,”.

43. 2024

    Pub. L. 118–63 § 712(a)(1) · 138 Stat. 1254

    Amended · 49 U.S.C. § 47114(c)(1)

    Pub. L. 118–63, § 712(a)(1), amended par. (1) generally. Prior to amendment, par. (1) related to amounts apportioned to sponsors of primary airports, new airports, and seasonal airports, minimum and maximum apportionments for primary airport, special rule for total amount of $3,200,000,000 or more, use of previous fiscal year’s apportionment, special rules for fiscal years 2018 through 2020 and 2022 and 2023, limitations and waivers, and minimum apportionment for commercial service airports with more than 8,000 passenger boardings in a calendar year

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 118–63, § 712(a)(1), amended par. (1) generally. Prior to amendment, par. (1) related to amounts apportioned to sponsors of primary airports, new airports, and seasonal airports, minimum and maximum apportionments for primary airport, special rule for total amount of $3,200,000,000 or more, use of previous fiscal year’s apportionment, special rules for fiscal years 2018 through 2020 and 2022 and 2023, limitations and waivers, and minimum apportionment for commercial service airports with more than 8,000 passenger boardings in a calendar year.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

44. 2024

    Pub. L. 118–63 § 712(a)(2)(A) · 138 Stat. 1254

    1. Substituted · 49 U.S.C. § 47114(c)(2)(A)

       Pub. L. 118–63, § 712(a)(2)(A), substituted “4 percent” for “3.5 percent”

    2. Substituted · 49 U.S.C. § 47114(c)(2)(A)

       Pub. L. 118–63, § 712(a)(2)(A), substituted “25,000,000 pounds” for “100,000,000 pounds”

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 118–63, § 712(a)(2)(A), substituted “4 percent” for “3.5 percent” and “25,000,000 pounds” for “100,000,000 pounds”.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

45. 2024

    Pub. L. 118–63 § 712(a)(2)(B) · 138 Stat. 1254

    1. Redesignated · 49 U.S.C. § 47114(c)(2)(C)(E)

       Pub. L. 118–63, § 712(a)(2)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively

    2. Struck · 49 U.S.C. § 47114(c)(2)(C)(E)

       Pub. L. 118–63, § 712(a)(2)(B), (C), struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than 8 percent of the amount apportioned under subparagraph (A) may be apportioned for any one airport.”

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C) to (E). Pub. L. 118–63, § 712(a)(2)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than 8 percent of the amount apportioned under subparagraph (A) may be apportioned for any one airport.”

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

46. 2024

    Pub. L. 118–63 § 712(b)(6) · 138 Stat. 1254

    Redesignated · 49 U.S.C. § 47114(d)(2)

    Pub. L. 118–63, § 712(b)(6), redesignated par. (3) as (2). Former par. (2) struck out

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 118–63, § 712(b)(6), redesignated par. (3) as (2). Former par. (2) struck out.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

47. 2024

    Pub. L. 118–63 § 712(b)(5) · 138 Stat. 1254

    Struck · 49 U.S.C. § 47114(d)(2)

    Pub. L. 118–63, § 712(b)(5), struck out par. (2). Text read as follows: “Except as provided in paragraph (3), the Secretary shall apportion to the States 18.5 percent of the amount subject to apportionment for each fiscal year as follows:

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–63, § 712(b)(5), struck out par. (2). Text read as follows: “Except as provided in paragraph (3), the Secretary shall apportion to the States 18.5 percent of the amount subject to apportionment for each fiscal year as follows:

    “(A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. “(B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States. “(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States.”

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

48. 2024

    Pub. L. 118–63 § 712(b)(6) · 138 Stat. 1254

    Redesignated · 49 U.S.C. § 47114(d)(3)

    Pub. L. 118–63, § 712(b)(6), redesignated par. (3) as (2)

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 118–63, § 712(b)(6), redesignated par. (3) as (2).

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

49. 2024

    Pub. L. 118–63 § 712(b)(1)(A) · 138 Stat. 1254

    1. Substituted · 49 U.S.C. § 47114(d)(3)

       Pub. L. 118–63, § 712(b)(1)(A)–(C), substituted “Apportionment” for “Special rule” wherever appearing

    2. Substituted · 49 U.S.C. § 47114(d)(3)

       Pub. L. 118–63, § 712(b)(1)(A)–(C), substituted “25 percent” for “20 percent” wherever appearing

    3. Substituted · 49 U.S.C. § 47114(d)(3)

       Pub. L. 118–63, § 712(b)(1)(A)–(C), substituted “excluding commercial service airports but including reliever airports” for “excluding primary airports but including reliever and nonprimary commercial service airports” wherever appearing

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–63, § 712(b)(1)(A)–(C), substituted “Apportionment” for “Special rule” in heading, “25 percent” for “20 percent” in introductory provisions, and “excluding commercial service airports but including reliever airports” for “excluding primary airports but including reliever and nonprimary commercial service airports” wherever appearing.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

50. 2024

    Pub. L. 118–63 § 712(b)(1)(D) · 138 Stat. 1254

    1. Added · 49 U.S.C. § 47114(d)(3)(C); 49 U.S.C. § 47114(d)(3)(D)

       Pub. L. 118–63, § 712(b)(1)(D), added subpar. (C)

    2. Struck · 49 U.S.C. § 47114(d)(3)(C); 49 U.S.C. § 47114(d)(3)(D)

       Pub. L. 118–63, § 712(b)(1)(D), struck out former subpars. (C) and (D) which read as follows:

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(3)(C), (D). Pub. L. 118–63, § 712(b)(1)(D), added subpar. (C) and struck out former subpars. (C) and (D) which read as follows:

    “(C) During fiscal years 2019 and 2020— “(i) an airport that accrued apportionment funds under subparagraph (A) in fiscal year 2013 that is listed as having an unclassified status under the most recent national plan of integrated airport systems shall continue to accrue apportionment funds under subparagraph (A) at the same amount the airport accrued apportionment funds in fiscal year 2013, subject to the conditions of this paragraph; “(ii) notwithstanding the period of availability as described in section 47117(b), an amount apportioned to an airport under clause (i) shall be available to the airport only during the fiscal year in which the amount is apportioned; and “(iii) notwithstanding the waiver permitted under section 47117(c)(2), an airport receiving apportionment funds under clause (i) may not waive its claim to any part of the apportioned funds in order to make the funds available for a grant for another public-use airport. “(D) An airport that re-establishes its classified status shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains its classified status.”

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

51. 2024

    Pub. L. 118–63 § 712(b)(6) · 138 Stat. 1254

    Redesignated · 49 U.S.C. § 47114(d)(4)

    Pub. L. 118–63, § 712(b)(6), redesignated par. (4) as (3)

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 118–63, § 712(b)(6), redesignated par. (4) as (3).

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

52. 2024

    Pub. L. 118–63 § 712(b)(2) · 138 Stat. 1254

    1. Substituted · 49 U.S.C. § 47114(d)(4)

       Pub. L. 118–63, § 712(b)(2), substituted “Airports in noncontiguous states and territories” for “Airports in alaska, puerto rico, and hawaii” in heading; designated existing provisions as subpar. (A)

    2. Inserted · 49 U.S.C. § 47114(d)(4)

       Pub. L. 118–63, § 712(b)(2), inserted heading

    3. Substituted · 49 U.S.C. § 47114(d)(4)

       Pub. L. 118–63, § 712(b)(2), substituted “An amount apportioned under this subsection” for “An amount apportioned under paragraph (2) or (3)”;

    4. Added · 49 U.S.C. § 47114(d)(4)

       Pub. L. 118–63, § 712(b)(2), added subpar. (B). Text quoted in directory language of amendment of the heading was editorially conformed to the style of the heading

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–63, § 712(b)(2), substituted “Airports in noncontiguous states and territories” for “Airports in alaska, puerto rico, and hawaii” in heading; designated existing provisions as subpar. (A), inserted heading, and substituted “An amount apportioned under this subsection” for “An amount apportioned under paragraph (2) or (3)”; and added subpar. (B). Text quoted in directory language of amendment of the heading was editorially conformed to the style of the heading.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

53. 2024

    Pub. L. 118–63 § 712(b)(6) · 138 Stat. 1254

    Redesignated · 49 U.S.C. § 47114(d)(5)

    Pub. L. 118–63, § 712(b)(6), redesignated par. (5) as (4)

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 118–63, § 712(b)(6), redesignated par. (5) as (4).

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

54. 2024

    Pub. L. 118–63 § 712(b)(3) · 138 Stat. 1254

    Inserted · 49 U.S.C. § 47114(d)(5)

    Pub. L. 118–63, § 712(b)(3), inserted “or subsection (c)(1)(D)” after “under this subsection” in introductory provisions

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–63, § 712(b)(3), inserted “or subsection (c)(1)(D)” after “under this subsection” in introductory provisions.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

55. 2024

    Pub. L. 118–63 § 712(b)(6) · 138 Stat. 1254

    Redesignated · 49 U.S.C. § 47114(d)(6)

    Pub. L. 118–63, § 712(b)(6), redesignated par. (6) as (5)

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 118–63, § 712(b)(6), redesignated par. (6) as (5).

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

56. 2024

    Pub. L. 118–63 § 712(b)(4) · 138 Stat. 1254

    1. Substituted · 49 U.S.C. § 47114(d)(6)

       Pub. L. 118–63, § 712(b)(4), substituted “provision of this section” for “provision of this subsection”

    2. Inserted · 49 U.S.C. § 47114(d)(6)

       Pub. L. 118–63, § 712(b)(4), inserted “or subsection (c)(1)(D)” after “under this subsection”

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–63, § 712(b)(4), substituted “provision of this section” for “provision of this subsection” and inserted “or subsection (c)(1)(D)” after “under this subsection”.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

57. 2024

    Pub. L. 118–63 § 712(b)(6) · 138 Stat. 1254

    Redesignated · 49 U.S.C. § 47114(d)(7)

    Pub. L. 118–63, § 712(b)(6), redesignated par. (7) as (6)

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 118–63, § 712(b)(6), redesignated par. (7) as (6).

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

58. 2024

    Pub. L. 118–63 § 713(a)(1)(A) · 138 Stat. 1254

    Substituted · 49 U.S.C. § 47114(f)(1)

    Pub. L. 118–63, § 713(a)(1)(A), substituted “sponsor of a medium or large hub airport” for “sponsor of an airport having at least .25 percent of the total number of boardings each year in the United States and” in introductory provisions

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 118–63, § 713(a)(1)(A), substituted “sponsor of a medium or large hub airport” for “sponsor of an airport having at least .25 percent of the total number of boardings each year in the United States and” in introductory provisions.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

59. 2024

    Pub. L. 118–63 § 713(a)(1)(B) · 138 Stat. 1254

    Substituted · 49 U.S.C. § 47114(f)(1)(A)

    Pub. L. 118–63, § 713(a)(1)(B), substituted “40 percent” for “50 percent” wherever appearing

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A). Pub. L. 118–63, § 713(a)(1)(B), substituted “40 percent” for “50 percent” wherever appearing.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

60. 2024

    Pub. L. 118–63 § 713(a)(1)(C) · 138 Stat. 1254

    Substituted · 49 U.S.C. § 47114(f)(1)(B)

    Pub. L. 118–63, § 713(a)(1)(C), substituted “60 percent” for “75 percent” wherever appearing

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B). Pub. L. 118–63, § 713(a)(1)(C), substituted “60 percent” for “75 percent” wherever appearing.

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

61. 2024

    Pub. L. 118–63 § 713(a)(2) · 138 Stat. 1254

    1. Added · 49 U.S.C. § 47114(f)(2); 49 U.S.C. § 47114(f)(3)

       Pub. L. 118–63, § 713(a)(2), added par. (2)

    2. Struck · 49 U.S.C. § 47114(f)(2); 49 U.S.C. § 47114(f)(3)

       Pub. L. 118–63, § 713(a)(2), struck out former pars. (2) and (3) which read as follows:

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(2), (3). Pub. L. 118–63, § 713(a)(2), added par. (2) and struck out former pars. (2) and (3) which read as follows:

    “(2) Effective date of reduction.—A reduction in an apportionment required by paragraph (1) shall not take effect until the first fiscal year following the year in which the collection of the charge imposed under section 40117 is begun. “(3) Special rule for transitioning airports.— “(A) In general.—Beginning with the fiscal year following the first calendar year in which the sponsor of an airport has more than .25 percent of the total number of boardings in the United States, the sum of the amount that would be apportioned under this section after application of paragraph (1) in a fiscal year to such sponsor and the projected revenues to be derived from the charge in such fiscal year shall not be less than the sum of the apportionment to such airport for the preceding fiscal year and the revenues derived from such charge in the preceding fiscal year. “(B) Effective period.—Subparagraph (A) shall be in effect for fiscal year 2004.”

    Effective date note
    Pub. L. 118–63, title VII, § 713(b), May 16, 2024, 138 Stat. 1257, provided that: “For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018] and prior to the date of enactment of this Act [May 16, 2024], the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a)[(2)] shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.”

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