§48114 — Title 49 Transportation | U.S. Code

Summary

Sets how much money from the Airport and Airway Trust Fund can be used each year for certain aviation programs. For fiscal year 2013, the amount must equal 90 percent of the estimated receipts plus interest credited to the Fund for that year. For fiscal years 2014 through 2018, the amount must equal 90 percent of the estimated receipts plus interest for that year, plus the actual receipts plus interest from the second preceding fiscal year minus what was made available for obligation in that second preceding year. No money can be approved for the aviation investment programs unless that calculated amount is provided. If that amount is provided in any year through 2018, additional money may be taken from the general fund of the Treasury as needed for the FAA Operations account. Definitions: “total budget resources” = the total amount from the Airport and Airway Trust Fund available for obligation limits and budget authority for four accounts (Grants in Aid for Airports; Facilities and Equipment; Research and Development; Trust Fund Share of Operations). “Estimated level of receipts plus interest” = the annual excise taxes and interest credited to the Fund as shown in the President’s budget baseline projection. The House and Senate may not consider any bill or amendment that would reduce the total budget resources for those aviation programs below the required amount, and they may not consider bills that fund Research and Development or Operations through 2018 if the combined funding for Grants-in-Aid and Facilities and Equipment is below their authorized levels.

Title 49, §48114

Transportation — Source: USLM XML via OLRC

(a)(1)(A)The total budget resources made available from the Airport and Airway Trust Fund each fiscal year pursuant to section 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.

(B)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)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)In this section, the following definitions apply:

(1)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).

(D)69–8104–0–7–402 (Trust Fund Share of Operations).

(2)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)(1)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)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.

Notes & Related Subsidiaries

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

Amendments

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 section 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 Sept. 30, 2003, 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 51General 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.

§48114 Funding for aviation programs

Summary

Title 49, §48114

Notes & Related Subsidiaries

Editorial Notes

References in Text

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata