Airport and Airway Extension Act of 2023

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 (2) in paragraph (6) by striking the period at the end and inserting ; 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, 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 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 December 31, 2023 (b) Unmanned aircraft test ranges Section 44803(h) of title 49, United States Code, is amended by striking September 30, 2023 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 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 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 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 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 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 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 January 1, 2024 (l) Midway island airport Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act ( Public Law 108–176 and for the period beginning on October 1, 2023, and ending on December 31, 2023, 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 September 30, 2023 December 31, 2023 (n) Contract weather observers Section 2306(b) of the FAA Extension, Safety, and Security Act of 2016 ( Public Law 114–190 October 1, 2023 January 1, 2024 (o) Remote tower pilot program Section 161(a)(10) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47104 September 30, 2023 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 and for the period beginning on October 1, 2023, and ending on December 31, 2023 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 September 30, 2023 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 September 30, 2023 December 31, 2023 (s) Aviation consumer advocate Section 424(e) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 42302 September 30, 2023 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 September 30, 2023 December 31, 2023 (u) Enhanced traffic services Section 547(e) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40103 September 30, 2023 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 September 30, 2023 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 (B) in subparagraph (F) by striking the period at the end and inserting ; 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 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 (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 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, 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) (1) in the matter preceding subparagraph (A) by striking October 1, 2023 January 1, 2024 (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 January 1, 2024 202. Extension of taxes funding Airport and Airway Trust Fund (a) Fuel taxes Section 4081(d)(2)(B) September 30, 2023 December 31, 2023 (b) Ticket taxes (1) Persons Section 4261(k)(1)(A)(ii) of such Code is amended by striking September 30, 2023 December 31, 2023 (2) Property Section 4271(d)(1)(A)(ii) of such Code is amended by striking September 30, 2023 December 31, 2023 (c) Fractional ownership programs (1) Fuel tax Section 4043(d) of such Code is amended by striking September 30, 2023 December 31, 2023 (2) Treatment as noncommercial aviation Section 4083(b) of such Code is amended by striking October 1, 2023 January 1, 2024 (3) Exemption from ticket tax Section 4261(j) of such Code is amended by striking September 30, 2023 December 31, 2023

Summary: Airport and Airway Extension Act of 2023 This bill temporarily extends specific Federal Aviation and Administration (FAA) programs and activities through December 31, 2023. For example, the bill extends the FAA Unmanned Aircraft Systems (UAS) pilot programs (e.g., the UAS Test Site Program and the UAS remote detection and identification pilot program), weather reporting programs, Remote Tower Pilot Program, and Essential Air Service Program. The bill also extends the authorization for the Airport Improvement Program (AIP). (This program provides grants for planning, development, and noise compatibility projects at or associated with certain public-use airports.) Further, the bill extends through December 31, 2023, the FAA's authority for expenditures from the Airport and Airway Trust Fund (AATF) and to collect various taxes and fees to fund the AATF, including taxes on aviation fuel and airline tickets. (The AATF is the primary funding source for all major FAA accounts that fund federal aviation programs, with the remainder coming from general fund appropriations.)