I 111th CONGRESS 2d Session H. R. 4853 IN THE HOUSE OF REPRESENTATIVES March 16, 2010 Mr. Oberstar (for himself, Mr. Mica, Mr. Levin, Mr. Camp, Mr. Costello, and Mr. Petri) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes.

1.

Short title

This Act may be cited as the Federal Aviation Administration Extension Act of 2010.

2.

Extension of taxes funding Airport and Airway Trust Fund

(a)

Fuel taxes

Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking March 31, 2010 and inserting July 3, 2010. (b)

Ticket taxes

(1)

Persons

Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking March 31, 2010 and inserting July 3, 2010. (2)

Property

Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking March 31, 2010 and inserting July 3, 2010. (c)

Effective date

The amendments made by this section shall take effect on April 1, 2010.

3.

Extension of Airport and Airway Trust Fund expenditure authority

(a)

In general

Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended— (1)by striking April 1, 2010 and inserting July 4, 2010; and (2)by inserting or the Federal Aviation Administration Extension Act of 2010 before the semicolon at the end of subparagraph (A). (b)

Conforming amendment

Paragraph (2) of section 9502(e) of such Code is amended by striking April 1, 2010 and inserting July 4, 2010. (c)

Effective date

The amendments made by this section shall take effect on April 1, 2010.

4.

Extension of airport improvement program

(a)

Authorization of appropriations

(1)

In general

Section 48103(7) of title 49, United States Code, is amended to read as follows: (7)$3,024,657,534 for the period beginning on October 1, 2009, and ending on July 3, 2010.. (2)

Obligation of amounts

Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended. (3)

Program implementation

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, 2009, and ending on July 3, 2010, the Administrator of the Federal Aviation Administration shall— (A)first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2010 were $4,000,000,000; and (B)then reduce by 89/365— (i)all funding apportionments calculated under subparagraph (A); and (ii)amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title. (b)

Project grant authority

Section 47104(c) of such title is amended by striking March 31, 2010, and inserting July 3, 2010, .

5.

Extension of expiring authorities

(a)Section 40117(l)(7) of title 49, United States Code, is amended by striking April 1, 2010. and inserting July 4, 2010.. (b)Section 44302(f)(1) of such title is amended— (1)by striking March 31, 2010, and inserting July 3, 2010,; and (2)by striking June 30, 2010, and inserting September 30, 2010,. (c)Section 44303(b) of such title is amended by striking June 30, 2010, and inserting September 30, 2010,. (d)Section 47107(s)(3) of such title is amended by striking April 1, 2010. and inserting July 4, 2010.. (e)Section 47115(j) of such title is amended by striking April 1, 2010, and inserting July 4, 2010, . (f)Section 47141(f) of such title is amended by striking March 31, 2010. and inserting July 3, 2010.. (g)Section 49108 of such title is amended by striking March 31, 2010, and inserting July 3, 2010,. (h)Section 161 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking April 1, 2010, and inserting July 4, 2010,. (i)Section 186(d) of such Act (117 Stat. 2518) is amended by striking April 1, 2010, and inserting July 4, 2010, . (j)The amendments made by this section shall take effect on April 1, 2010.

6.

Federal Aviation Administration operations

Section 106(k)(1)(F) of title 49, United States Code, is amended to read as follows: (F)$7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010..

7.

Air navigation facilities and equipment

Section 48101(a)(6) of title 49, United States Code, is amended to read as follows: (6)$2,220,252,132 for the period beginning on October 1, 2009, and ending on July 3, 2010..

8.

Research, engineering, and development

Section 48102(a)(14) of title 49, United States Code, is amended to read as follows: (14)$144,049,315 for the period beginning on October 1, 2009, and ending on July 3, 2010..

9.

Extension and flexibility for certain allocated surface transportation programs

(a)

Short title

This section may be cited as the Surface Transportation Extension Modification Act of 2010. (b)

Modification of allocation rules

Section 411(d) of the Surface Transportation Extension Act of 2010 is amended— (1)in paragraph (1)— (A)in the matter preceding subparagraph (A)— (i)by striking 1301, 1302,; and (ii)by striking 1198, 1204,; and (B)in subparagraph (A)— (i)in the matter preceding clause (i) by striking apportioned under sections 104(b) and 144 of title 23, United States Code,” and inserting “specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),; and (ii)in clause (ii) by striking apportioned under such sections of such Code and inserting specified in such section 105(a)(2) (except the high priority projects program); (2)in paragraph (2)— (A)in the matter preceding subparagraph (A)— (i)by striking 1301, 1302,; and (ii)by striking 1198, 1204,; and (B)in subparagraph (A)— (i)in the matter preceding clause (i) by striking apportioned under sections 104(b) and 144 of title 23, United States Code, and inserting specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),; and (ii)in clause (ii) by striking apportioned under such sections of such Code and inserting specified in such section 105(a)(2) (except the high priority projects program); and (3)by adding at the end the following: (5)

Projects of national and regional significance and national corridor infrastructure improvement programs

(A)

Redistribution among States

Notwithstanding sections 1301(m) and 1302(e) of SAFETEA–LU (119 Stat. 1202 and 1205), the Secretary shall apportion funds authorized to be appropriated under subsection (b) for the projects of national and regional significance program and the national corridor infrastructure improvement program among all States such that each State’s share of the funds so apportioned is equal to the State’s share for fiscal year 2009 of funds apportioned or allocated for the programs specified in section 105(a)(2) of title 23, United States Code. (B)

Distribution among programs

Funds apportioned to a State pursuant to subparagraph (A) shall be— (i)made available to the State for the programs specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that— (I)the amount apportioned to the State for that program for fiscal year 2009; bears to (II)the amount apportioned to the State for fiscal year 2009 for all such programs; and (ii)administered in the same manner and with the same period of availability as funding is administered under programs identified in clause (i).. (c)

Expenditure authority from Highway Trust Fund

Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986, as amended by the Surface Transportation Extension Act of 2010, is amended by striking in effect on the date of the enactment of such Act) and inserting in effect on the later of the date of the enactment of such Act or the date of the enactment of the Surface Transportation Extension Modification Act of 2010). (d)

Effective date

The amendments made by this section shall take effect upon the enactment of the Surface Transportation Extension Act of 2010 and shall be treated as being included in that Act at the time of the enactment of that Act.