Pub. L. 118-34 - Airport and Airway Extension Act of 2023, Part II

118th Congress

Affects: 26 U.S.C. §§ ; 49 U.S.C. §§ 106, 40103, 41705, 41731, 41742, 41743, 42301, 42302, 44310, 44803, 44807, 44810, 47102, 47104, 47107, 47114, 47115, 47116, 47117, 47141, 47143, 48101, 48102, 48103, 48105; 51 U.S.C. §§ 50905

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) This Act may be cited as the “Airport and Airway Extension Act of 2023, Part II”.

(b) The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I— FEDERAL AVIATION PROGRAMS Sec. 101. Airport improvement program. Sec. 102. Extension of expiring authorities; miscellaneous authorizations. Sec. 103. Federal Aviation Administration operations. Sec. 104. Air navigation facilities and equipment. Sec. 105. Research, engineering, and development. Sec. 106. Small community air service. TITLE II— AVIATION REVENUE PROVISIONS Sec. 201. Expenditure authority from Airport and Airway Trust Fund. Sec. 202. Extension of taxes funding Airport and Airway Trust Fund.

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

(a) Section 48103(a) of title 49, United States Code, is amended by striking paragraph (7) and inserting the following:

(a)“(7) $1,464,480,874 for the period beginning October 1, 2023, and ending on March 8, 2024.”

(a) .

(b) Subject to limitations specified in advance in appropriation Acts, sums made available pursuant to the amendment made by subsection (a) may be obligated at any time through September 30, 2024, and shall remain available until expended.

(c) For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2023, and ending on March 8, 2024, the Administrator of the Federal Aviation Administration shall—

(c)(1) first calculate such funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2024 was $3,350,000,000; and

(c)(2) then reduce by 56 percent—

(c)(2)(A) all funding apportionment amounts calculated under paragraph (1); and

(c)(2)(B) amounts made available pursuant to subsections (b) and (f)(2) of section 47117 of such title.

(d) Section 47104(c) of title 49, United States Code, is amended in the matter preceding paragraph (1) by striking “December 31, 2023,” and inserting “March 8, 2024,”.

(e) Section 47114(c)(1)(J) of title 49, United States Code, is amended by striking “December 31, 2023,” and inserting “March 8, 2024,”.

SEC. 102. EXTENSION OF EXPIRING AUTHORITIES; MISCELLANEOUS AUTHORIZATIONS.

(a) Section 44310(b) of title 49, United States Code, is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(b) Section 44803(h) of title 49, United States Code, is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(c) Section 44807(d) of title 49, United States Code, is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(d) Section 44810(h) of title 49, United States Code, is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(e) Section 47107(r)(3) of title 49, United States Code, is amended by striking “January 1, 2024” and inserting “March 9, 2024”.

(f) Section 47115(i) of title 49, United States Code, is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(g) Section 47115(j)(4)(A) of title 49, United States Code, is amended by striking clause (vi) and adding at the end the following:

(g)“(vi) $244,177,049 for the period beginning on October 1, 2023, and ending on March 8, 2024.”

(g) .

(h) Section 47141(f) of title 49, United States Code, is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(i) Section 47143(c) of title 49, United States Code, is amended by striking “January 1, 2024” and inserting “March 9, 2024”.

(j) Section 48105 of title 49, United States Code, is amended by striking paragraph (5) and adding at the end the following:

(j)“(5) $17,049,180 for the period beginning on October 1, 2023, and ending on March 8, 2024.”

(j) .

(k) Section 50905(c)(9) of title 51, United States Code, is amended by striking “January 1, 2024” and inserting “March 9, 2024”.

(l) Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2518) is amended by striking “December 31, 2023,” and inserting “March 8, 2024,”.

(m) Section 409(d) of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(n) Section 2306(b) of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 641) is amended by striking “January 1, 2024” and inserting “March 9, 2024”.

(o) Section 161(a)(10) of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(p) Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(q) Section 372(d) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44810 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(r) Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 note)49 USC note prec. 42301. is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(s) Section 424(e) of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(t) Section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(u) Section 547(e) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40103 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(v) Section 822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141 note) is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

Section 106(k) of title 49, United States Code, is amended—

(1) in paragraph (1) by striking subparagraph (G) and inserting after subparagraph (F) the following:

(1)“(G) $5,208,743,169 for the period beginning on October 1, 2023, and ending on March 8, 2024.”

(1) ; and

(2) in paragraph (3) by striking “December 31, 2023” and inserting “March 8, 2024”.

SEC. 104. AIR NAVIGATION FACILITIES AND EQUIPMENT.

Section 48101(a) of title 49, United States Code, is amended by striking paragraph (7) and adding at the end the following:

“(7) $1,287,431,694 for the period beginning on October 1, 2023, and ending on March 8, 2024.”

.

SEC. 105. RESEARCH, ENGINEERING, AND DEVELOPMENT.

Section 48102(a) of title 49, United States Code, is amended by striking paragraph (16) and inserting the following:

“(16) $111,475,410 for the period beginning on October 1, 2023, and ending on March 8, 2024.”

.

SEC. 106. SMALL COMMUNITY AIR SERVICE.

(a) Section 41742(a)(2) of title 49, United States Code, is amended by striking “$89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023,” and inserting “$155,115,628 for the period beginning on October 1, 2023, and ending on March 8, 2024,”.

(b) Section 41743(e)(2) of title 49, United States Code, is amended by striking “$2,513,661 for the period beginning on October 1, 2023, and ending on December 31, 2023,” and inserting “$4,371,585 for the period beginning on October 1, 2023, and ending on March 8, 2024,”.

SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.

(a) Section 9502(d)(1) of the Internal Revenue Code of 198626 USC 9502. is amended—

(a)(1) in the matter preceding subparagraph (A) by striking “January 1, 2024” and inserting “March 9, 2024”; and

(a)(2) in subparagraph (A) by striking the semicolon at the end and inserting “or the Airport and Airway Extension Act of 2023, Part II;”.

(b) Section 9502(e)(2) of such Code is amended by striking “January 1, 2024” and inserting “March 9, 2024”.

SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) Section 4081(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(b)(1) Section 4261(k)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(b)(2) Section 4271(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(c)(1) Section 4043(d) of the Internal Revenue Code of 1986 is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

(c)(2) Section 4083(b) of the Internal Revenue Code of 198626 USC 4083. is amended by striking “January 1, 2024” and inserting “March 9, 2024”.

(c)(3) Section 4261(j) of the Internal Revenue Code of 1986 is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

Legislative History

LEGISLATIVE HISTORY—H.R. 6503:

CONGRESSIONAL RECORD, Vol. 169 (2023):

Dec. 11, considered and passed House.

Dec. 19, considered and passed Senate.