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Title 49 — Transportation

Part C · Chapter 481 — Airport and Airway Trust Fund Authorizations

§ 48114. Funding for aviation programs

Statutory text

(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.

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. Pub. L. 108–176 title I § 104(a) · 117 Stat. 2490

    Enacted · 49 U.S.C. § 48114

    Added Pub. L. 108–176, title I, § 104(a), Dec. 12, 2003, 117 Stat. 2496

    Source evidence

    Code source credit
    Added Pub. L. 108–176, title I, § 104(a), Dec. 12, 2003, 117 Stat. 2496

    Enacted provision · exact public law section
    (a) In General.— Chapter 481 is further amended by adding at the end the following: “§ 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 through fiscal year 2007 pursuant to sections 48101, 48102, 48103, and 106(k) of title 49, United States Code, shall be equal to the level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b). “(B) Guarantee.— No funds may be appropriated or limited for aviation investment programs listed in subsection (b) unless the amount described in subparagraph (A) has been provided. “(2) Additional authorizations of appropriations from the general fund.— In any fiscal year through fiscal year 2007, if the amount described in paragraph (1) is appropriated, there is further authorized to be appropriated from the general fund of the Treasury such sums as may be necessary for the Federal Aviation Administration Operations account. “(b) Definitions.— In this section, the following definitions apply: “(1) Total budget resources.— The term ‘total budget resources’ means the total amount made available from the Airport and Airway Trust Fund for the sum of obligation limitations and budget authority made available for a fiscal year for the following budget accounts that are subject to the obligation limitation on contract authority provided in this title and for which appropriations are provided pursuant to authorizations contained in this title: “(A) 69–8106–0–7–402 (Grants in Aid for Airports). “(B) 69–8107–0–7–402 (Facilities and Equipment). “(C) 69–8108–0–7–402 (Research and Development). “(D) 69–8104–0–7–402 (Trust Fund Share of Operations). “(2) Level of receipts plus interest.— The term ‘level of receipts plus interest’ means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) (Treasury identification code 20–8103–0–7–402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. “(c) Enforcement of Guarantees.— “(1) Total airport and airway trust fund funding.— It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs described in subsection (b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year. “(2) Capital priority.— It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any fiscal year through fiscal year 2007 for Research and Development or Operations if the sum of the obligation limitation for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in-Aid for Airports and for Facilities and Equipment for such fiscal year.” .

  2. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 104(a) · 126 Stat. 11

    Amended · 49 U.S.C. § 48114(a)(1)(A)

    Pub. L. 112–95, § 104(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2007 pursuant to sections 48101, 48102, 48103, and 106(k) of title 49, United States Code, shall be equal to the level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b).”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 112–95, § 104(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2007 pursuant to sections 48101, 48102, 48103, and 106(k) of title 49, United States Code, shall be equal to the level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b).”

    Enacted provision · exact public law section
    (a) Airport and Airway Trust Fund Guarantee.— Section 48114(a)(1)(A) is amended to read as follows: “(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 year 2014 and each fiscal year thereafter, 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).” .

  3. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 104(b) · 126 Stat. 11

    Substituted · 49 U.S.C. § 48114(a)(1)(B)

    Pub. L. 112–95, § 104(b), substituted “subsection (b)(1)” for “subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 112–95, § 104(b), substituted “subsection (b)(1)” for “subsection (b)”.

    Enacted provision · exact public law section
    (b) Technical Correction.— Section 48114(a)(1)(B) is amended by striking “subsection (b)” and inserting “subsection (b)(1)”.

  4. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 104(c) · 126 Stat. 11

    Substituted · 49 U.S.C. § 48114(a)(2)

    Pub. L. 112–95, § 104(c), substituted “2015” for “2007”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 112–95, § 104(c), substituted “2015” for “2007”.

    Enacted provision · exact public law section
    (c) Additional Authorizations of Appropriations From the General Fund.— Section 48114(a)(2) is amended by striking “2007” and inserting “2015”.

  5. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 104(d) · 126 Stat. 11

    1. Substituted · 49 U.S.C. § 48114(b)(2)

      Pub. L. 112–95, § 104(d), substituted “Estimated level” for “Level” in text

    2. Substituted · 49 U.S.C. § 48114(b)(2)

      Pub. L. 112–95, § 104(d), substituted “estimated level of receipts plus interest” for “level of receipts plus interest” in text

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 112–95, § 104(d), substituted “Estimated level” for “Level” in heading and “estimated level of receipts plus interest” for “level of receipts plus interest” in text.

    Enacted provision · exact public law section
    (d) Estimated Level of Receipts Plus Interest Defined.— Section 48114(b)(2) is amended— (1) in the paragraph heading by striking “Level” and inserting “Estimated level”; and (2) by striking “level of receipts plus interest” and inserting “estimated level of receipts plus interest”.

  6. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 104(e) · 126 Stat. 11

    Substituted · 49 U.S.C. § 48114(c)(2)

    Pub. L. 112–95, § 104(e), substituted “2015” for “2007”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 112–95, § 104(e), substituted “2015” for “2007”.

    Enacted provision · exact public law section
    (e) Enforcement of Guarantees.— Section 48114(c)(2) is amended by striking “2007” and inserting “2015”.

  7. Airport and Airway Extension Act of 2015

    Pub. L. 114–55 § 106(a)(1) · 129 Stat. 522

    Substituted · 49 U.S.C. § 48114(a)(2)

    Pub. L. 114–55, § 106(a)(1), substituted “2016’ for “2015”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 114–55, § 106(a)(1), substituted “2016’ for “2015”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2) by striking “2015” and inserting “2016”; and

  8. Airport and Airway Extension Act of 2015

    Pub. L. 114–55 § 106(a)(2) · 129 Stat. 522

    Substituted · 49 U.S.C. § 48114(c)(2)

    Pub. L. 114–55, § 106(a)(2), substituted “2016” for “2015”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–55, § 106(a)(2), substituted “2016” for “2015”.

    Enacted provision · exact public law section
    (2) in subsection (c)(2) by striking “2015” and inserting “2016”.

  9. FAA Extension, Safety, and Security Act of 2016

    Pub. L. 114–190 § 1106(a)(1) · 130 Stat. 615

    Substituted · 49 U.S.C. § 48114(a)(2)

    Pub. L. 114–190, § 1106(a)(1), substituted “fiscal year 2017,” for “fiscal year 2016,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 114–190, § 1106(a)(1), substituted “fiscal year 2017,” for “fiscal year 2016,”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2) by striking “fiscal year 2016,” and inserting “fiscal year 2017,”; and

  10. FAA Extension, Safety, and Security Act of 2016

    Pub. L. 114–190 § 1106(a)(2) · 130 Stat. 615

    Substituted · 49 U.S.C. § 48114(c)(2)

    Pub. L. 114–190, § 1106(a)(2), substituted “fiscal year 2017” for “fiscal year 2016”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–190, § 1106(a)(2), substituted “fiscal year 2017” for “fiscal year 2016”.

    Enacted provision · exact public law section
    (2) in subsection (c)(2) by striking “fiscal year 2016” and inserting “fiscal year 2017”.

  11. Disaster Tax Relief and Airport and Airway Extension Act of 2017

    Pub. L. 115–63 § 107(a)(1) · 131 Stat. 1168

    Substituted · 49 U.S.C. § 48114(a)(2)

    Pub. L. 115–63, § 107(a)(1), substituted “2018” for “2017”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 115–63, § 107(a)(1), substituted “2018” for “2017”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2) by striking “2017” and inserting “2018”; and

  12. Disaster Tax Relief and Airport and Airway Extension Act of 2017

    Pub. L. 115–63 § 107(a)(2) · 131 Stat. 1168

    Substituted · 49 U.S.C. § 48114(c)(2)

    Pub. L. 115–63, § 107(a)(2), substituted “2018” for “2017”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 115–63, § 107(a)(2), substituted “2018” for “2017”.

    Enacted provision · exact public law section
    (2) in subsection (c)(2) by striking “2017” and inserting “2018”.

  13. FAA Reauthorization Act of 2018

    Pub. L. 115–254 div. B title I § 116 · 132 Stat. 3187

    Substituted · 49 U.S.C. § 48114(a)(1)(A)(ii)

    Pub. L. 115–254 substituted “in fiscal years 2014 through 2018” for “in fiscal year 2014 and each fiscal year thereafter” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(ii). Pub. L. 115–254 substituted “in fiscal years 2014 through 2018” for “in fiscal year 2014 and each fiscal year thereafter” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 116. FUNDING FOR AVIATION PROGRAMS.   Section 48114(a)(1)(A)(ii) of title 49, United States Code, is amended by striking “in fiscal year 2014 and each fiscal year thereafter” and inserting “in fiscal years 2014 through 2018”.

14 of 14 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified to section 9502 of Title 26, Internal Revenue Code.

Section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (b)(2), is classified to section 907 of Title 2, The Congress.

Editorial Notes

Amendments2012–2018 · 5 rounds

2018

Subsec. (a)(1)(A)(ii). Pub. L. 115–254 substituted “in fiscal years 2014 through 2018” for “in fiscal year 2014 and each fiscal year thereafter” in introductory provisions.

2017

Subsec. (a)(2). Pub. L. 115–63, § 107(a)(1), substituted “2018” for “2017”.

Subsec. (c)(2). Pub. L. 115–63, § 107(a)(2), substituted “2018” for “2017”.

2016

Subsec. (a)(2). Pub. L. 114–190, § 1106(a)(1), substituted “fiscal year 2017,” for “fiscal year 2016,”.

Subsec. (c)(2). Pub. L. 114–190, § 1106(a)(2), substituted “fiscal year 2017” for “fiscal year 2016”.

2015

Subsec. (a)(2). Pub. L. 114–55, § 106(a)(1), substituted “2016’ for “2015”.

Subsec. (c)(2). Pub. L. 114–55, § 106(a)(2), substituted “2016” for “2015”.

2012

Subsec. (a)(1)(A). Pub. L. 112–95, § 104(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2007 pursuant to sections 48101, 48102, 48103, and 106(k) of title 49, United States Code, shall be equal to the level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b).”

Subsec. (a)(1)(B). Pub. L. 112–95, § 104(b), substituted “subsection (b)(1)” for “subsection (b)”.

Subsec. (a)(2). Pub. L. 112–95, § 104(c), substituted “2015” for “2007”.

Subsec. (b)(2). Pub. L. 112–95, § 104(d), substituted “Estimated level” for “Level” in heading and “estimated level of receipts plus interest” for “level of receipts plus interest” in text.

Subsec. (c)(2). Pub. L. 112–95, § 104(e), substituted “2015” for “2007”.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after , except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

Deemed References to Chapters 509 and 511 of Title 51

General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Credits

2003–2018 · 6 acts
  1. 2003Added Pub. L. 108–176, title I, § 104(a), , 117 Stat. 2496
  2. 2012amended Pub. L. 112–95, title I, § 104, , 126 Stat. 16
  3. 2015Pub. L. 114–55, title I, § 106(a), , 129 Stat. 524
  4. 2016Pub. L. 114–190, title I, § 1106(a), , 130 Stat. 618
  5. 2017Pub. L. 115–63, title I, § 107(a), , 131 Stat. 1170
  6. 2018Pub. L. 115–254, div. B, title I, § 116, , 132 Stat. 3201.
Show as published

(Added Pub. L. 108–176, title I, § 104(a), , 117 Stat. 2496; amended Pub. L. 112–95, title I, § 104, , 126 Stat. 16; Pub. L. 114–55, title I, § 106(a), , 129 Stat. 524; Pub. L. 114–190, title I, § 1106(a), , 130 Stat. 618; Pub. L. 115–63, title I, § 107(a), , 131 Stat. 1170; Pub. L. 115–254, div. B, title I, § 116, , 132 Stat. 3201.)

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