114 HR 5711 IH: Airport and Airway Extension Act of 2023
U.S. House of Representatives
2023-09-26
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 5711
IN THE HOUSE OF REPRESENTATIVES
September 26, 2023
Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, and Mr. Smith of Missouri) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, and Science, Space, and Technology, 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 title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Airport and Airway Extension Act of 2023”.
(b)

Table of contents
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.
I

Federal Aviation Programs
101.

Airport improvement program
(a)

Authorization of appropriations
Section 48103(a) of title 49, United States Code, is amended—
(1)
in paragraph (5) by striking the “and” at the end;
(2)
in paragraph (6) by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(7)
$842,076,502 for the period beginning on October 1, 2023, and ending on December 31, 2023.”.
(b)

Obligation authority
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)

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, 2023, and ending on December 31, 2023, the Administrator of the Federal Aviation Administration shall—
(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
(2)
then reduce by 75 percent—
(A)
all funding apportionment amounts calculated under paragraph (1); and
(B)
amounts made available pursuant to subsections (b) and (f)(2) of section 47117 of such title.
(d)

Extension of project grant authority
Section 47104(c) of title 49, United States Code, is amended in the matter preceding paragraph (1) by striking “September 30, 2023,” and inserting “December 31, 2023,”.
(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”.
102.

Extension of expiring authorities; miscellaneous authorizations
(a)

Authority To provide insurance
Section 44310(b) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(b)

Unmanned aircraft test ranges
Section 44803(h) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(c)

Special authority for certain unmanned aircraft systems
Section 44807(d) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(d)

Extension of airport safety and airspace hazard mitigation and enforcement
Section 44810(h) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(e)

Competitive access reporting requirement
Section 47107(r)(3) of title 49, United States Code, is amended by striking “October 1, 2023” and inserting “January 1, 2024”.
(f)

Marshall islands, Micronesia, and Palau
Section 47115(i) of title 49, United States Code, is amended by inserting “, and for the period beginning on October 1, 2023, and ending on December 31, 2023” after “fiscal years 2018 through 2023”.
(g)

Supplemental discretionary funds
Section 47115(j)(4)(A) of title 49, United States Code, is amended by inserting at the end the following:
“(vi)
$140,401,803 for the period beginning on October 1, 2023, and ending on December 31, 2023.”.
(h)

Compatible land use planning and projects by State and local governments
Section 47141(f) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(i)

Non-Movement area surveillance pilot program
Section 47143(c) of title 49, United States Code, is amended by striking “October 1, 2023” and inserting “January 1, 2024”.
(j)

Weather reporting programs
Section 48105 of title 49, United States Code, is amended by adding at the end the following:
“(5)
$9,803,278 for the period beginning on October 1, 2023, and ending on December 31, 2023.”.
(k)

Learning period
Section 50905(c)(9) of title 51, United States Code, is amended by striking “October 1, 2023” and inserting “January 1, 2024”.
(l)

Midway island airport
Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2518) is amended by inserting “and for the period beginning on October 1, 2023, and ending on December 31, 2023,” after “fiscal years 2018 through 2023”.
(m)

Final order establishing mileage and adjustment eligibility
Section 409(d) of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(n)

Contract weather observers
Section 2306(b) of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 641) is amended by striking “October 1, 2023” and inserting “January 1, 2024”.
(o)

Remote tower pilot program
Section 161(a)(10) of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(p)

Airport access roads in remote locations; storage facilities for snow removal equipment
Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note) is amended by inserting “and for the period beginning on October 1, 2023, and ending on December 31, 2023” after “fiscal years 2018 through 2023”.
(q)

UAS remote detection and identification pilot program
Section 372(d) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44810 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(r)

Advisory committee for aviation consumer protection
Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(s)

Aviation consumer advocate
Section 424(e) of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(t)

Advisory committee on air travel needs of passengers with disabilities
Section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(u)

Enhanced traffic services
Section 547(e) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40103 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(v)

Pilot program for redevelopment of airport properties
Section 822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141 note) is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
103.

Federal Aviation Administration operations
Section 106(k) of title 49, United States Code, is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (E) by striking “and” at the end;
(B)
in subparagraph (F) by striking the period at the end and inserting “; and”; and
(C)
by inserting after subparagraph (F) the following:
“(G)
$2,995,027,322 for the period beginning on October 1, 2023, and ending on December 31, 2023.”; and
(2)
in paragraph (3) by inserting “and for the period beginning on October 1, 2023, and ending on December 31, 2023” after “fiscal years 2018 through 2023”.
104.

Air navigation facilities and equipment
Section 48101(a) of title 49, United States Code, is amended by adding at the end the following:
“(7)
$740,273,224 for the period beginning on October 1, 2023, and ending on December 31, 2023.”.
105.

Research, engineering, and development
Section 48102(a) of title 49, United States Code, is amended—
(1)
in paragraph (14), by striking “and”;
(2)
in paragraph (15) by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(16)
$64,098,360 for the period beginning on October 1, 2023, and ending on December 31, 2023.”.
106.

Small community air service
(a)

Essential air service authorization
Section 41742(a)(2) of title 49, United States Code, is amended by striking “2023” and inserting “2023, and $89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023,”.
(b)

Airports not receiving sufficient service
Section 41743(e)(2) of title 49, United States Code, is amended by inserting “, and $2,513,661 for the period beginning on October 1, 2023, and ending on December 31, 2023,” after “fiscal years 2018 through 2023”.
II

Aviation Revenue Provisions
201.

Expenditure authority from Airport and Airway Trust Fund
(a)

In general
Section 9502(d)(1) of the Internal Revenue Code of 1986 is amended—
(1)
in the matter preceding subparagraph (A) by striking “October 1, 2023” and inserting “January 1, 2024”; and
(2)
in subparagraph (A) by striking the semicolon at the end and inserting “or the Airport and Airway Extension Act of 2023;”.
(b)

Conforming amendment
Section 9502(e)(2) of such Code is amended by striking “October 1, 2023” and inserting “January 1, 2024”.
202.

Extension of taxes funding Airport and Airway Trust Fund
(a)

Fuel taxes
Section 4081(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(b)

Ticket taxes
(1)

Persons
Section 4261(k)(1)(A)(ii) of such Code is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(2)

Property
Section 4271(d)(1)(A)(ii) of such Code is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(c)

Fractional ownership programs
(1)

Fuel tax
Section 4043(d) of such Code is amended by striking “September 30, 2023” and inserting “December 31, 2023”.
(2)

Treatment as noncommercial aviation
Section 4083(b) of such Code is amended by striking “October 1, 2023” and inserting “January 1, 2024”.
(3)

Exemption from ticket tax
Section 4261(j) of such Code is amended by striking “September 30, 2023” and inserting “December 31, 2023”.