§ 48101. Air Navigation Facilities and Equipment

     (a) General Authorization of Appropriations.—Not more than a total of the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to acquire, establish, and improve air navigation facilities under section 44502(a)(1)(A) of this title:

     (1) $2,131,000,000 for fiscal year 1999.

     (2) $2,689,000,000 for fiscal year 2000.

     (3) $2,656,765,000 for fiscal year 2001.

     (4) $2,914,000,000 for fiscal year 2002.

     (5) $2,981,022,000 for fiscal year 2003.

     (b) Major Airway Capital Investment Plan Changes.—If the Secretary decides that it is necessary to augment or substantially modify elements of the Airway Capital Investment Plan referred to in section 44501(b) of this title (including a decision that it is necessary to establish more than 23 area control facilities), not more than $100,000,000 may be appropriated to the Secretary out of the Fund for the fiscal year ending September 30, 1994, to carry out the augmentation or modification.

     (c) Availability of Amounts.—Amounts appropriated under this section remain available until expended.

     (d) Universal Access Systems.—Of the amounts appropriated under subsection (a) for fiscal year 2001, $8,000,000 may be used for the voluntary purchase and installation of universal access systems.

     (e) Alaska National Air Space Communications System.—Of the amounts appropriated under subsection (a) for fiscal year 2001, $7,200,000 may be used by the Administrator of the Federal Aviation Administration for the Alaska National Air Space Interfacility Communications System if the Administrator issues a report supporting the use of such funds for the System.

     (f) Automated Surface Observation System/Automated Weather Observing System Upgrade.—Of the amounts appropriated under subsection (a) for fiscal years beginning after September 30, 2000, such sums as may be necessary for the implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.

     (g) Life-Cycle Cost Estimates.—The Administrator of the Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total life-cycle costs of which equal or exceed $50,000,000.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103–305, title I, § 102(a), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, § 102(a), (b)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 106–6, § 3, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, § 102, Apr. 5, 2000, 114 Stat. 65.)

Revised Section

Source (U.S. Code)

Source (Statutes at Large)

48101(a)     49 App.:2202(a)(24).     Sept. 3, 1982, Pub. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488.

     49 App.:2205(a)(1) (1st sentence).     Sept. 3, 1982, Pub. L. 97–248, § 506(a)(1), 96 Stat. 677; restated Dec. 30, 1987, Pub. L. 100–223, § 105(a)(2), 101 Stat. 1490; Nov. 5, 1990, Pub. L. 101–508, § 9105(b), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, § 103(a), 106 Stat. 4877.

48101(b)     49 App.:2202(a)(24).

     49 App.:2205(a)(2) (1st sentence).     Sept. 3, 1982, Pub. L. 97–248, § 506(a)(2), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100–223, § 105(a)(2), 101 Stat. 1490; restated Oct. 31, 1992, Pub. L. 102–581, § 103(b), 106 Stat. 4877.

48101(c)     49 App.:2205(a)(1) (last sentence), (2) (last sentence).

     In subsection (a), the words "to the Secretary of Transportation" are added for clarity and consistency in this chapter. The words "for fiscal years beginning after September 30, 1990" and "$2,500,000,000 for fiscal year 1991" are omitted as obsolete.

     2000—Subsec. (a). Pub. L. 106–181, § 102(a), added pars. (1) to (5) and struck out former pars. (1) to (3) which read as follows:

     "(1) $2,068,000,000 for fiscal year 1997.

     "(2) $2,129,000,000 for fiscal year 1998.

     "(3) $2,131,000,000 for fiscal year 1999."

     Subsec. (d). Pub. L. 106–181, § 102(b), added subsec. (d).

     Subsec. (e). Pub. L. 106–181, § 102(c), added subsec. (e).

     Subsec. (f). Pub. L. 106–181, § 102(d), added subsec. (f).

     Subsec. (g). Pub. L. 106–181, § 102(e), added subsec. (g).

     1999—Subsec. (a)(3). Pub. L. 106–6 added par. (3).

     1996—Pub. L. 104–264, § 102(b)(1), inserted "and equipment" after "facilities" in section catchline.

     Subsec. (a). Pub. L. 104–264, § 102(a), added pars. (1) and (2) and struck out former pars. (1) to (4) which read as follows:

     "(1) For the fiscal years ending September 30, 1991–1993, $8,200,000,000.

     "(2) For the fiscal years ending September 30, 1991–1994, $10,724,000,000.

     "(3) For the fiscal years ending September 30, 1991–1995, $13,394,000,000.

     "(4) For the fiscal years ending September 30, 1991–1996, $16,129,000,000."

     1994—Subsec. (a)(1). Pub. L. 103–305, § 102(a)(1), substituted "For" for "for".

     Subsec. (a)(2). Pub. L. 103–305, § 102(a)(2), substituted "For" for "for" and "$10,724,000,000" for "$11,100,000,000".

     Subsec. (a)(3). Pub. L. 103–305, § 102(a)(3), substituted "For" for "for" and "$13,394,000,000" for "$14,000,000,000".

     Subsec. (a)(4). Pub. L. 103–305, § 102(a)(4), added par. (4).

     Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

     Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

     Pub. L. 106–181, title I, § 106(a)–(c), Apr. 5, 2000, 114 Stat. 72, 73, provided that:

     "(a) Authorization of Appropriations.—

"(1) Airport and airway trust fund guarantee.—

     "(A) In general.—The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2003 pursuant to sections 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).

     "(B) Guarantee.—No funds may be appropriated or limited for aviation investment programs listed in subsection (b) unless the amount described in subparagraph (A) has been provided.

"(2) Additional authorizations of appropriations from the general fund.—In any fiscal year through fiscal year 2003, 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) Definitions.—In this section, the following definitions apply:

"(1) Total budget resources.—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 Act [see Tables for classification] and for which appropriations are provided pursuant to authorizations contained in this Act:

     "(A) 69–8106–0–7–402 (Grants in Aid for Airports).

     "(B) 69–8107–0–7–402 (Facilities and Equipment).

     "(C) 69–8108–0–7–402 (Research and Development).

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

"(2) Level of receipts plus interest.—The term `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 [26 U.S.C. 9502] 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) [2 U.S.C. 907] (Treasury identification code 20–8103–0–7–402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code.

     "(c) Enforcement of Guarantees.—

"(1) Total airport and airway trust fund funding.—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) Capital priority.—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 2003 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."

     This section is referred to in sections 44502, 48108, 48109, 48112, 48113 of this title.