H.R. 5711

Airport and Airway Extension Act of 2023

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Contents

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.