House Report 112-41 - AIRPORT AND AIRWAY EXTENSION ACT OF 2011[House Report 112-41]
[From the U.S. Government Printing Office]


112th Congress                                             Rept. 112-41
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                AIRPORT AND AIRWAY EXTENSION ACT OF 2011

                                _______
                                

 March 29, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Mica, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1079]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1079) 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 the airport improvement program, and for 
other purposes, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of the Legislation.......................................     1
Background and Need for Legislation..............................     2
Summary of the Legislation.......................................     2
Legislative History and Committee Consideration..................     3
Record Votes.....................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Advisory on Earmarks.............................................     5
Federal Mandate Statement........................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability of Legislative Branch..............................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                         Purpose of Legislation

    The bill, H.R. 1079, extends the Federal Aviation 
Administration's (FAA) programs, taxes, and expenditure 
authority through May 31, 2011, and allows Congress time to 
negotiate a final, multi-year FAA Reauthorization bill.

                  Background and Need for Legislation

    H.R. 1079, the ``Airport and Airway Extension Act of 
2011'', extends aviation programs, taxes, and expenditure 
authority for two additional months, through May 31, 2011, 
pending completion of a multi-year FAA reauthorization bill. 
Without this short-term extension, the FAA's capital, research, 
and airport grant programs would shut down after March 31, 
2011, and several thousand FAA employees would be furloughed. 
Additionally, the FAA would be unable to fund important airport 
safety and capacity projects, putting at risk a number of 
critical, job-creating projects throughout the country.

                       Summary of the Legislation


Section 1. Short title

    Section 1 states that this Act may be cited as the 
``Airport and Airway Extension Act of 2011''.

Section 2. Extension of taxes funding Airport and Airway Trust Fund

    Section 2 extends the aviation excise taxes that support 
the Airport and Airway Trust Fund through May 31, 2011.

Section 3. Extension of Airport and Airway Trust Fund expenditure 
        authority

    Section 3 extends the FAA's authority to make expenditures 
from the Airport and Airway Trust Fund through May 31, 2011.

Section 4. Extension of airport improvement program

    Section 4 provides $2,466,666,667 in contract authority for 
the FAA's Airport Improvement Program (AIP) for the eight-month 
period beginning on October 1, 2010. In addition, section 4 
extends the FAA's authority to make new AIP project grants 
through May 31, 2011.

Section 5. Extension of expiring authorities

    Section 5 extends various provisions of law that would 
otherwise have expired when the last long-term FAA 
reauthorization act (Vision 100-Century of Aviation 
Reauthorization Act, P.L. 108-176) expired on September 30, 
2007.
    Subsection (a) extends through May 31, 2011, the pilot 
program for passenger facility fee authorizations at nonhub 
airports.
    Subsection (b) requires the extension of aviation war risk 
insurance policies at least through May 31, 2011.
    Subsection (c) extends through May 31, 2011, the authority 
of the Secretary of Transportation to limit an airline's third-
party liability for any claims arising from a terrorist event.
    Subsection (d) extends through May 31, 2011, the 
requirement for airports that have been unable to accommodate a 
request by an air carrier for access to gates or airport 
facilities to report to the Secretary of Transportation on such 
unfulfilled requests.
    Subsection (e) extends through May 31, 2011, the 
eligibility of airports located in the Republic of the Marshall 
Islands, Federated States of Micronesia, and the Republic of 
Palau to receive AIP grants.
    Subsection (f) extends through May 31, 2011, the FAA's 
authority to make grants to State and local governments to 
support planning and projects with a goal of reducing non-
compatible land uses around airports.
    Subsection (g) extends through May 31, 2011, the FAA's 
authority to approve an application of the Metropolitan 
Washington Airports Authority to receive an airport development 
project grant or to impose a passenger facility fee.
    Subsection (h) extends through May 31, 2011, the temporary 
increase in the Federal share of AIP project costs at small 
airports.
    Subsection (i) extends through May 31, 2011, the FAA's 
authority to provide AIP discretionary grant funds (at a 
maximum level of $2.5 million per year) for airport development 
projects at Midway Island airport.
    Subsection (j) provides that the amendments made by this 
section shall take effect on April 1, 2011.

            Legislative History and Committee Consideration

    On March 15, 2011, Chairman John L. Mica, Chairman Dave 
Camp, Chairman Thomas E. Petri, Ranking Member Nick J. Rahall, 
and Ranking Member Jerry F. Costello introduced H.R. 1079, the 
``Airport and Airway Extension Act of 2011.'' This bill has not 
been introduced in a previous Congress. On March 16, 2011, the 
Committee on Transportation and Infrastructure met in open 
session, and ordered the bill reported favorably to the House 
by voice vote with a quorum present. The Committee on 
Transportation and Infrastructure has not held any hearings on 
H.R. 1079.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. During 
consideration of H.R. 1079, no record votes were taken. The 
bill was reported to the House with a favorable recommendation 
after a voice vote.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures' or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 1079 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 17, 2011.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1079, the Airport 
and Airway Extension Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1079--Airport and Airway Extension Act of 2011

    H.R. 1079 would extend through May 31, 2011, the existing 
taxes that are dedicated to the Airport and Airway Trust Fund 
(AATF) as well as the Federal Aviation Administration's (FAA's) 
authority to expend amounts credited to that fund. In addition, 
the bill would provide nearly $2.5 billion of contract 
authority (the authority to incur obligations in advance of 
appropriations, a mandatory form of budget authority) for the 
Airport Improvement Program (AIP) through May 2011--or $3.7 
billion on an annualized basis. (Outlays from AIP contract 
authority are controlled by limitations on obligations set in 
annual appropriation acts and are therefore considered 
discretionary.)
    Previously, the Airport and Airway Extension Act of 2010, 
Part IV (Public Law 111-329) extended aviation-related taxes 
through March 31, 2011, and the FAA's authority to expend 
amounts in the AATF through April 1, 2011. That act also 
provided nearly $1.9 billion of contract authority to AIP 
through March 31, 2011--or $3.7 billion on an annualized basis.
    Pursuant to rules that govern the calculation of CBO's 
baseline, certain expiring programs--such as taxes credited to 
the AATF and contract authority for AIP--are assumed to 
continue beyond the scheduled expiration date for budget 
projection purposes. H.R. 1079 would continue both aviation-
related taxes and AIP contract authority at levels that are 
consistent with those projected in CBO's baseline for 2011. As 
a result, CBO and the Joint Committee on Taxation estimate that 
enacting the bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    CBO has determined that the nontax provisions of H.R. 1079 
contain no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
extend the Federal Aviation Administration's (FAA) programs, 
taxes, and expenditure authority through May 31, 2011.

                          Advisory of Earmarks

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1079 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the ``Unfunded Mandates 
Reform Act'' (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1079 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     INTERNAL REVENUE CODE OF 1986




           *       *       *       *       *       *       *
Subtitle D--Miscellaneous Excise Taxes

           *       *       *       *       *       *       *


CHAPTER 32--MANUFACTURERS EXCISE TAXES

           *       *       *       *       *       *       *


Subchapter A--Automotive and Related Items

           *       *       *       *       *       *       *


PART III--PETROLEUM PRODUCTS

           *       *       *       *       *       *       *



                  Subpart A--Motor and Aviation Fuels


SEC. 4081. IMPOSITION OF TAX.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Termination.--
          (1) * * *
          (2) Aviation fuels.--The rates of tax specified in 
        subsection (a)(2)(A)(ii) and (a)(2)(C)(ii) shall be 4.3 
        cents per gallon--
                  (A) * * *
                  (B) after [March 31, 2011] May 31, 2011.

           *       *       *       *       *       *       *


CHAPTER 33--FACILITIES AND SERVICES

           *       *       *       *       *       *       *


Subchapter C--Transportation by Air

           *       *       *       *       *       *       *


                            PART I--PERSONS


SEC. 4261. IMPOSITION OF TAX.

  (a) * * *

           *       *       *       *       *       *       *

  (j) Application of taxes.--
          (1) In general.--The taxes imposed by this section 
        shall apply to--
                  (A) transportation beginning during the 
                period--
                          (i) * * *
                          (ii) ending on [March 31, 2011] May 
                        31, 2011, and (B) amounts paid during 
                        such period for transportation 
                        beginning after such period.

           *       *       *       *       *       *       *


                           PART II--PROPERTY


SEC. 4271. IMPOSITION OF TAX.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Application of tax.--
          (1) In general.--The tax imposed by subsection (a) 
        shall apply to--
                  (A) transportation beginning during the 
                period--
                          (i) * * *
                          (ii) ending on [March 31, 2011] May 
                        31, 2011, and (B) amounts paid during 
                        such period for transportation 
                        beginning after such period.

           *       *       *       *       *       *       *


Subtitle I--Trust Fund Code

           *       *       *       *       *       *       *


CHAPTER 98--TRUST FUND CODE

           *       *       *       *       *       *       *


Subchapter A--Establishment of Trust Funds

           *       *       *       *       *       *       *


SEC. 9502. AIRPORT AND AIRWAY TRUST FUND.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Expenditures from Airport and Airway Trust Fund.--
          (1) Airport and airway program.--Amounts in the 
        Airport and Airway Trust Fund shall be available, as 
        provided by appropriation Acts, for making expenditures 
        before [April 1, 2011] June 1, 2011, to meet those 
        obligations of the United States--
                  (A) incurred under title I of the Airport and 
                Airway Development Act of 1970 or of the 
                Airport and Airway Development Act Amendments 
                of 1976 or of the Aviation Safety and Noise 
                Abatement Act of 1979 or under the Fiscal Year 
                1981 Airport Development Authorization Act or 
                the provisions of the Airport and Airway 
                Improvement Act of 1982 or the Airport and 
                Airway Safety and Capacity Expansion Act of 
                1987 or the Federal Aviation Administration 
                Research, Engineering, and Development 
                Authorization Act of 1990 or the Aviation 
                Safety and Capacity Expansion Act of 1990 or 
                the Airport and Airway Safety, Capacity, Noise 
                Improvement, and Intermodal Transportation Act 
                of 1992 or the Airport Improvement Program 
                Temporary Extension Act of 1994 or the Federal 
                Aviation Administration Authorization Act of 
                1994 or the Federal Aviation Reauthorization 
                Act of 1996 or the provisions of the Omnibus 
                Consolidated and Emergency Supplemental 
                Appropriations Act, 1999 providing for payments 
                from the Airport and Airway Trust Fund or the 
                Interim Federal Aviation Administration 
                Authorization Act or section 6002 of the 1999 
                Emergency Supplemental Appropriations Act, 
                Public Law 106-59, or the Wendell H. Ford 
                Aviation Investment and Reform Act for the 21st 
                Century or the Aviation and Transportation 
                Security Act or the Vision 100--Century of 
                Aviation Reauthorization Act or any joint 
                resolution making continuing appropriations for 
                the fiscal year 2008 or the Department of 
                Transportation Appropriations Act, 2008 or the 
                Airport and Airway Extension Act of 2008 or the 
                Federal Aviation Administration Extension Act 
                of 2008 or the Federal Aviation Administration 
                Extension Act of 2008, Part II or the Federal 
                Aviation Administration Extension Act of 2009 
                or any joint resolution making continuing 
                appropriations for the fiscal year 2010 or the 
                Fiscal Year 2010 Federal Aviation 
                Administration Extension Act or the Fiscal Year 
                2010 Federal Aviation Administration Extension 
                Act, Part II or the Federal Aviation 
                Administration Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010, Part 
                II or the Airline Safety and Federal Aviation 
                Administration Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010, Part 
                III or the Airport and Airway Extension Act of 
                2010, Part IV or the Airport and Airway 
                Extension Act of 2011;

           *       *       *       *       *       *       *

  (e) Limitation on transfers to Trust Fund.--
          (1) * * *
          (2) Exception for prior obligations.--Paragraph (1) 
        shall not apply to any expenditure to liquidate any 
        contract entered into (or for any amount otherwise 
        obligated) before [April 1, 2011] June 1, 2011, in 
        accordance with the provisions of this section.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 49, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART I--GENERAL

           *       *       *       *       *       *       *


CHAPTER 401--GENERAL PROVISIONS

           *       *       *       *       *       *       *



Sec. 40117. Passenger facility fees

  (a) * * *

           *       *       *       *       *       *       *

  (l) Pilot Program for Passenger Facility Fee Authorizations 
at Nonhub Airports.--
          (1) * * *

           *       *       *       *       *       *       *

          (7) Sunset.--This subsection shall cease to be 
        effective beginning on [April 1, 2011.] June 1, 2011.

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


CHAPTER 443--INSURANCE

           *       *       *       *       *       *       *



Sec. 44302. General authority

  (a) * * *

           *       *       *       *       *       *       *

  (f) Extension of Policies.--
          (1) In general.--The Secretary shall extend through 
        [March 31, 2011,] May 31, 2011, and may extend through 
        [June 30, 2011,] August 31, 2011, the termination date 
        of any insurance policy that the Department of 
        Transportation issued to an air carrier under 
        subsection (a) and that is in effect on the date of 
        enactment of this subsection on no less favorable terms 
        to the air carrier than existed on June 19, 2002; 
        except that the Secretary shall amend the insurance 
        policy, subject to such terms and conditions as the 
        Secretary may prescribe, to add coverage for losses or 
        injuries to aircraft hulls, passengers, and crew at the 
        limits carried by air carriers for such losses and 
        injuries as of such date of enactment and at an 
        additional premium comparable to the premium charged 
        for third-party casualty coverage under such policy.

           *       *       *       *       *       *       *


Sec. 44303. Coverage

  (a) * * *
  (b) Air Carrier Liability for Third Party Claims Arising Out 
of Acts of Terrorism.--For acts of terrorism committed on or to 
an air carrier during the period beginning on September 22, 
2001, and ending on [June 30, 2011,] August 31, 2011, the 
Secretary may certify that the air carrier was a victim of an 
act of terrorism and in the Secretary's judgment, based on the 
Secretary's analysis and conclusions regarding the facts and 
circumstances of each case, shall not be responsible for losses 
suffered by third parties (as referred to in section 
205.5(b)(1) of title 14, Code of Federal Regulations) that 
exceed $100,000,000, in the aggregate, for all claims by such 
parties arising out of such act. If the Secretary so certifies, 
the air carrier shall not be liable for an amount that exceeds 
$100,000,000, in the aggregate, for all claims by such parties 
arising out of such act, and the Government shall be 
responsible for any liability above such amount. No punitive 
damages may be awarded against an air carrier (or the 
Government taking responsibility for an air carrier under this 
subsection) under a cause of action arising out of such act. 
The Secretary may extend the provisions of this subsection to 
an aircraft manufacturer (as defined in section 44301) of the 
aircraft of the air carrier involved.

           *       *       *       *       *       *       *


PART B--AIRPORT DEVELOPMENT AND NOISE

           *       *       *       *       *       *       *


                    CHAPTER 471--AIRPORT DEVELOPMENT


SUBCHAPTER I--AIRPORT IMPROVEMENT

           *       *       *       *       *       *       *



Sec. 47104. Project grant authority

  (a) * * *

           *       *       *       *       *       *       *

  (c) Expiration of Authority.--After [March 31, 2011,] May 31, 
2011, the Secretary may not incur obligations under subsection 
(b) of this section, except for obligations of amounts--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 47107. Project grant application approval conditioned on 
                    assurances about airport operations

  (a) * * *

           *       *       *       *       *       *       *

  (s) Competition Disclosure Requirement.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Sunset provision.--This subsection shall cease to 
        be effective beginning [April 1, 2011.] June 1, 2011.

           *       *       *       *       *       *       *


Sec. 47115. Discretionary fund

  (a) * * *

           *       *       *       *       *       *       *

  (j) Marshall Islands, Micronesia, and Palau.--For fiscal 
years 2004 through 2010, and for the portion of fiscal year 
2011 ending before [April 1, 2011,] June 1, 2011, the sponsors 
of airports located in the Republic of the Marshall Islands, 
Federated States of Micronesia, and Republic of Palau shall be 
eligible for grants under this section and section 47116.

           *       *       *       *       *       *       *


Sec. 47141. Compatible land use planning and projects by State and 
                    local governments

  (a) * * *

           *       *       *       *       *       *       *

  (f) Sunset.--This section shall not be in effect after [March 
31, 2011.] May 31, 2011.

           *       *       *       *       *       *       *


PART C--FINANCING

           *       *       *       *       *       *       *


CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

           *       *       *       *       *       *       *



Sec. 48103. Airport planning and development and noise compatibility 
                    planning and programs

  The total amounts which shall be available after September 
30, 2003, 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 make grants 
for airport planning and airport development under section 
47104 of this title, airport noise compatibility planning under 
section 47505(a)(2) of this title, and carrying out noise 
compatibility programs under section 47504(c) of this title 
shall be--
          (1) * * *

           *       *       *       *       *       *       *

          [(8)   $1,850,000,000 for the 6-month period 
        beginning on October 1, 2010.
          [(8)   $925,000,000 for the 3-month period beginning 
        on October 1, 2010.]
          (8) $2,466,666,667 for the 8-month period beginning 
        on October 1, 2010.
Such sums shall remain available until expended.

           *       *       *       *       *       *       *


PART D--PUBLIC AIRPORTS

           *       *       *       *       *       *       *


CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS

           *       *       *       *       *       *       *


Sec. 49108. Limitations

  After [March 31, 2011,] May 31, 2011, the Secretary of 
Transportation may not approve an application of the 
Metropolitan Washington Airports Authority--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              


          VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT



           *       *       *       *       *       *       *
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

           *       *       *       *       *       *       *


Subtitle C--AIP Modifications

           *       *       *       *       *       *       *


SEC. 161. TEMPORARY INCREASE IN GOVERNMENT SHARE OF CERTAIN AIP PROJECT 
                    COSTS.

  Notwithstanding section 47109(a) of title 49, United States 
Code, the Government's share of allowable project costs for a 
grant made in fiscal year 2009 or 2010, or in the portion of 
fiscal year 2011 ending before [April 1, 2011,] June 1, 2011, 
under chapter 471 of that title for a project described in 
paragraph (2) or (3) of that section shall be 95 percent.

           *       *       *       *       *       *       *


Subtitle D--Miscellaneous

           *       *       *       *       *       *       *


SEC. 186. MIDWAY ISLAND AIRPORT.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Funding to Secretary of the Interior for Midway Island 
Airport.--The Secretary of Transportation may enter into a 
reimbursable agreement with the Secretary of the Interior for 
the purpose of funding airport development, as defined in 
section 47102(3) of title 49, United States Code, at Midway 
Island Airport for fiscal years ending before October 1, 2010, 
and for the portion of fiscal year 2011 ending before [April 1, 
2011,] June 1, 2011, from amounts available in the 
discretionary fund established by section 47115 of such title. 
The maximum obligation under the agreement for any such fiscal 
year shall be $2,500,000.

           *       *       *       *       *       *       *


                                  
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