I 

111TH CONGRESS 

2D SESSION H. R. 4853 

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 authorizations for the airport 

improvement program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2010 

Mr. OBERSTAR (for himself, Mr. MICA, Mr. LEVIN, Mr. CAMP, Mr. 

COSTELLO, and Mr. PETRI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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 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 authorizations for the airport 

improvement program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Aviation Ad5 ministration Extension Act of 2010’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 4853 IH

1 SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIR2 WAY TRUST FUND. 

3 (a) FUEL TAXES.—Subparagraph (B) of section 

4 4081(d)(2) of the Internal Revenue Code of 1986 is 

5 amended by striking ‘‘March 31, 2010’’ and inserting 

6 ‘‘July 3, 2010’’. 

7 (b) TICKET TAXES.— 

8 (1) PERSONS.—Clause (ii) of section 

9 4261(j)(1)(A) of the Internal Revenue Code of 1986 

10 is amended by striking ‘‘March 31, 2010’’ and in11 serting ‘‘July 3, 2010’’. 

12 (2) PROPERTY.—Clause (ii) of section 

13 4271(d)(1)(A) of such Code is amended by striking 

14 ‘‘March 31, 2010’’ and inserting ‘‘July 3, 2010’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on April 1, 2010. 

17 SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 

18 EXPENDITURE AUTHORITY. 

19 (a) IN GENERAL.—Paragraph (1) of section 9502(d) 

20 of the Internal Revenue Code of 1986 is amended— 

21 (1) by striking ‘‘April 1, 2010’’ and inserting 

22 ‘‘July 4, 2010’’; and 

23 (2) by inserting ‘‘or the Federal Aviation Ad24 ministration Extension Act of 2010’’ before the 

25 semicolon at the end of subparagraph (A). 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 4853 IH

1 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

2 section 9502(e) of such Code is amended by striking 

3 ‘‘April 1, 2010’’ and inserting ‘‘July 4, 2010’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on April 1, 2010. 

6 SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—Section 48103(7) of title 49, 

9 United States Code, is amended to read as follows: 

10 ‘‘(7) $3,024,657,534 for the period beginning 

11 on October 1, 2009, and ending on July 3, 2010.’’. 

12 (2) OBLIGATION OF AMOUNTS.—Sums made 

13 available pursuant to the amendment made by para14 graph (1) may be obligated at any time through 

15 September 30, 2010, and shall remain available until 

16 expended. 

17 (3) PROGRAM IMPLEMENTATION.—For pur18 poses of calculating funding apportionments and 

19 meeting other requirements under sections 47114, 

20 47115, 47116, and 47117 of title 49, United States 

21 Code, for the period beginning on October 1, 2009, 

22 and ending on July 3, 2010, the Administrator of 

23 the Federal Aviation Administration shall— 

24 (A) first calculate funding apportionments 

25 on an annualized basis as if the total amount 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 4853 IH

1 available under section 48103 of such title for 

2 fiscal year 2010 were $4,000,000,000; and 

(B) then reduce by 89 3 ⁄365— 

4 (i) all funding apportionments cal5 culated under subparagraph (A); and 

6 (ii) amounts available pursuant to sec7 tions 47117(b) and 47117(f)(2) of such 

8 title. 

9 (b) PROJECT GRANT AUTHORITY.—Section 47104(c) 

10 of such title is amended by striking ‘‘March 31, 2010,’’ 

11 and inserting ‘‘July 3, 2010,’’. 

12 SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. 

13 (a) Section 40117(l)(7) of title 49, United States 

14 Code, is amended by striking ‘‘April 1, 2010.’’ and insert15 ing ‘‘July 4, 2010.’’. 

16 (b) Section 44302(f)(1) of such title is amended— 

17 (1) by striking ‘‘March 31, 2010,’’ and insert18 ing ‘‘July 3, 2010,’’; and 

19 (2) by striking ‘‘June 30, 2010,’’ and inserting 

20 ‘‘September 30, 2010,’’. 

21 (c) Section 44303(b) of such title is amended by 

22 striking ‘‘June 30, 2010,’’ and inserting ‘‘September 30, 

23 2010,’’. 

24 (d) Section 47107(s)(3) of such title is amended by 

25 striking ‘‘April 1, 2010.’’ and inserting ‘‘July 4, 2010.’’. 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 4853 IH

1 (e) Section 47115(j) of such title is amended by strik2 ing ‘‘April 1, 2010,’’ and inserting ‘‘July 4, 2010,’’. 

3 (f) Section 47141(f) of such title is amended by strik4 ing ‘‘March 31, 2010.’’ and inserting ‘‘July 3, 2010.’’. 

5 (g) Section 49108 of such title is amended by striking 

6 ‘‘March 31, 2010,’’ and inserting ‘‘July 3, 2010,’’. 

7 (h) Section 161 of the Vision 100—Century of Avia8 tion Reauthorization Act (49 U.S.C. 47109 note) is 

9 amended by striking ‘‘April 1, 2010,’’ and inserting ‘‘July 

10 4, 2010,’’. 

11 (i) Section 186(d) of such Act (117 Stat. 2518) is 

12 amended by striking ‘‘April 1, 2010,’’ and inserting ‘‘July 

13 4, 2010,’’. 

14 (j) The amendments made by this section shall take 

15 effect on April 1, 2010. 

16 SEC. 6. FEDERAL AVIATION ADMINISTRATION OPER17 ATIONS. 

18 Section 106(k)(1)(F) of title 49, United States Code, 

19 is amended to read as follows: 

20 ‘‘(F) $7,070,158,159 for the period begin21 ning on October 1, 2009, and ending on July 

22 3, 2010.’’. 

23 SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

24 Section 48101(a)(6) of title 49, United States Code, 

25 is amended to read as follows: 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 4853 IH

1 ‘‘(6) $2,220,252,132 for the period beginning 

2 on October 1, 2009, and ending on July 3, 2010.’’. 

3 SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

4 Section 48102(a)(14) of title 49, United States Code, 

5 is amended to read as follows: 

6 ‘‘(14) $144,049,315 for the period beginning on 

7 October 1, 2009, and ending on July 3, 2010.’’. 

8 SEC. 9. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLO9 CATED SURFACE TRANSPORTATION PRO10 GRAMS. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘Surface Transportation Extension Modification Act of 

13 2010’’. 

14 (b) MODIFICATION OF ALLOCATION RULES.—Section 

15 411(d) of the Surface Transportation Extension Act of 

16 2010 is amended— 

17 (1) in paragraph (1)— 

18 (A) in the matter preceding subparagraph 

19 (A)— 

20 (i) by striking ‘‘1301, 1302,’’; and 

21 (ii) by striking ‘‘1198, 1204,’’; and 

22 (B) in subparagraph (A)— 

23 (i) in the matter preceding clause (i) 

24 by striking ‘‘apportioned under sections 

25 104(b) and 144 of title 23, United States 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 4853 IH

1 Code,’’ and inserting ‘‘specified in section 

2 105(a)(2) of title 23, United States Code 

3 (except the high priority projects pro4 gram),’’; and 

5 (ii) in clause (ii) by striking ‘‘appor6 tioned under such sections of such Code’’ 

7 and inserting ‘‘specified in such section 

8 105(a)(2) (except the high priority projects 

9 program)’’; 

10 (2) in paragraph (2)— 

11 (A) in the matter preceding subparagraph 

12 (A)— 

13 (i) by striking ‘‘1301, 1302,’’; and 

14 (ii) by striking ‘‘1198, 1204,’’; and 

15 (B) in subparagraph (A)— 

16 (i) in the matter preceding clause (i) 

17 by striking ‘‘apportioned under sections 

18 104(b) and 144 of title 23, United States 

19 Code,’’ and inserting ‘‘specified in section 

20 105(a)(2) of title 23, United States Code 

21 (except the high priority projects pro22 gram),’’; and 

23 (ii) in clause (ii) by striking ‘‘appor24 tioned under such sections of such Code’’ 

25 and inserting ‘‘specified in such section 


jbell on DSKDVH8Z91PROD with BILLS
8 

•HR 4853 IH

1 105(a)(2) (except the high priority projects 

2 program)’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(5) PROJECTS OF NATIONAL AND REGIONAL

5 SIGNIFICANCE AND NATIONAL CORRIDOR INFRA6 STRUCTURE IMPROVEMENT PROGRAMS.— 

7 ‘‘(A) REDISTRIBUTION AMONG STATES.— 

8 Notwithstanding sections 1301(m) and 1302(e) 

9 of SAFETEA–LU (119 Stat. 1202 and 1205), 

10 the Secretary shall apportion funds authorized 

11 to be appropriated under subsection (b) for the 

12 projects of national and regional significance 

13 program and the national corridor infrastruc14 ture improvement program among all States 

15 such that each State’s share of the funds so ap16 portioned is equal to the State’s share for fiscal 

17 year 2009 of funds apportioned or allocated for 

18 the programs specified in section 105(a)(2) of 

19 title 23, United States Code. 

20 ‘‘(B) DISTRIBUTION AMONG PROGRAMS.— 

21 Funds apportioned to a State pursuant to sub22 paragraph (A) shall be— 

23 ‘‘(i) made available to the State for 

24 the programs specified in section 105(a)(2) 

25 of title 23, United States Code (except the 


jbell on DSKDVH8Z91PROD with BILLS
9 

•HR 4853 IH

1 high priority projects program), and in the 

2 same proportion for each such program 

3 that— 

4 ‘‘(I) the amount apportioned to 

5 the State for that program for fiscal 

6 year 2009; bears to 

7 ‘‘(II) the amount apportioned to 

8 the State for fiscal year 2009 for all 

9 such programs; and 

10 ‘‘(ii) administered in the same manner 

11 and with the same period of availability as 

12 funding is administered under programs 

13 identified in clause (i).’’. 

14 (c) EXPENDITURE AUTHORITY FROM HIGHWAY

15 TRUST FUND.—Paragraph (1) of section 9503(c) of the 

16 Internal Revenue Code of 1986, as amended by the Sur17 face Transportation Extension Act of 2010, is amended 

18 by striking ‘‘in effect on the date of the enactment of such 

19 Act)’’ and inserting ‘‘in effect on the later of the date of 

20 the enactment of such Act or the date of the enactment 

21 of the Surface Transportation Extension Modification Act 

22 of 2010)’’. 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect upon the enactment of the 

25 Surface Transportation Extension Act of 2010 and shall 


jbell on DSKDVH8Z91PROD with BILLS
10 

•HR 4853 IH

1 be treated as being included in that Act at the time of 

2 the enactment of that Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS