361 
(A) EXPENDITURES FROM TRUST FUND.— 
Paragraph (1) of section 9502(d) of such Code is 
amended— 
(i) by striking ‘‘October 1, 2009’’ in 
the matter preceding subparagraph (A) and 
inserting ‘‘October 1, 2012’’; and 
(ii) by inserting ‘‘or the Aviation Safe-
ty and Investment Act of 2010’’ before the 
semicolon at the end of subparagraph (A). 
(B) LIMITATION ON TRANSFERS TO TRUST 
FUND.—Paragraph (2) of section 9502(e) of such 
Code is amended by striking ‘‘October 1, 2009’’ 
and inserting ‘‘October 1, 2012’’. 
(2) TRANSFERS
TO
TRUST
FUND.—Subpara-
graph (C) of section 9502(b)(1) of such Code is 
amended to read as follows: 
‘‘(C) section 4081 with respect to aviation 
gasoline and aviation-grade kerosene, and’’. 
(3) TRANSFERS ON ACCOUNT OF CERTAIN RE-
FUNDS.— 
(A) IN GENERAL.—Subsection (d) of section 
9502 of such Code is amended— 
(i) by striking ‘‘(other than subsection 
(l)(4) thereof)’’ in paragraph (2); and
362 
(ii) by striking ‘‘(other than payments 
made by reason of paragraph (4) of section 
6427(l))’’ in paragraph (3). 
(B) CONFORMING AMENDMENTS.— 
(i) Section 9503(b)(4) of such Code is 
amended by striking ‘‘or’’ at the end of sub-
paragraph (C), by striking the period at the 
end of subparagraph (D) and inserting a 
comma, and by inserting after subpara-
graph (D) the following: 
‘‘(E) section 4081 to the extent attributable 
to the rate specified in clause (ii) or (iv) of sec-
tion 4081(a)(2)(A), or 
‘‘(F) section 4041(c).’’. 
(ii) Section 9503(c) of such Code is 
amended by striking the last paragraph (re-
lating to transfers from the Trust Fund for 
certain aviation fuel taxes). 
(iii) Section 9502(a) of such Code is 
amended by striking ‘‘, section 9503(c)(7),’’. 
(4) TRANSFERS ON ACCOUNT OF AVIATION-GRADE 
KEROSENE NOT USED IN AVIATION.—Section 9502(d) 
of such Code is amended by adding at the end the fol-
lowing new paragraph:
363 
‘‘(7) TRANSFERS
FROM
AIRPORT
AND
AIRWAY 
TRUST FUND ON ACCOUNT OF AVIATION-GRADE KER-
OSENE NOT USED IN AVIATION.—The Secretary of the 
Treasury shall pay from time to time from the Air-
port and Airway Trust Fund into the Highway Trust 
Fund amounts as determined by the Secretary of the 
Treasury equivalent to amounts transferred to the 
Airport and Airway Trust Fund with respect to avia-
tion-grade kerosene not used in aviation.’’. 
(5) EXPENDITURES FOR AIR TRAFFIC CONTROL 
MODERNIZATION.—Section 9502(d) of such Code, as 
amended by this title, is amended by adding at the 
end the following new paragraph: 
‘‘(8) EXPENDITURES FOR AIR TRAFFIC CONTROL 
MODERNIZATION.—The following amounts may be 
used only for making expenditures to carry out air 
traffic control modernization: 
‘‘(A) So much of the amounts appropriated 
under subsection (b)(1)(C) as the Secretary esti-
mates are attributable to— 
‘‘(i) 14.1 cents per gallon of the tax 
imposed at the rate specified in section 
4081(a)(2)(A)(iv) in the case of aviation- 
grade kerosene used other than in commer-
364 
cial 
aviation 
(as 
defined 
in 
section 
4083(b)), and 
‘‘(ii) 4.8 cents per gallon of the tax im-
posed at the rate specified in section 
4081(a)(2)(A)(ii) in the case of aviation 
gasoline used other than in commercial 
aviation (as so defined). 
‘‘(B) Any amounts credited to the Airport 
and Airway Trust Fund under section 9602(b) 
with respect to amounts described in this para-
graph.’’. 
(g) EFFECTIVE DATE.— 
(1) MODIFICATIONS.—Except as provided in 
paragraph (2), the amendments made by this section 
shall apply to fuels removed, entered, or sold after De-
cember 31, 2009. 
(2) EXTENSIONS.—The amendments made by 
subsections (b) and (f)(1) shall take effect on the date 
of the enactment of this Act. 
(h) FLOOR STOCKS TAX.— 
(1) IMPOSITION OF TAX.—In the case of aviation 
fuel which is held on January 1, 2010, by any person, 
there is hereby imposed a floor stocks tax on aviation 
fuel equal to—
365 
(A) the tax which would have been imposed 
before such date on such fuel had the amend-
ments made by this section been in effect at all 
times before such date, reduced by 
(B) the sum of— 
(i) the tax imposed before such date on 
such fuel under section 4081 of the Internal 
Revenue Code of 1986, as in effect on such 
date; and 
(ii) in the case of kerosene held exclu-
sively for such person’s own use, the amount 
which such person would (but for this 
clause) reasonably expect (as of such date) 
to be paid as a refund under section 6427(l) 
of such Code with respect to such kerosene. 
(2) LIABILITY FOR TAX AND METHOD OF PAY-
MENT.— 
(A) LIABILITY FOR TAX.—A person holding 
aviation fuel on January 1, 2010, shall be liable 
for such tax. 
(B) TIME AND METHOD OF PAYMENT.—The 
tax imposed by paragraph (1) shall be paid on 
April 30, 2010, and in such manner as the Sec-
retary of the Treasury shall prescribe.