Airport and Airway Extension Act of 2023, Part II
PL 118-34 (H.R.6503), enacted 12/26/2023

[118th Congress Public Law 34]
[From the U.S. Government Publishing Office]



[[Page 1111]]

            AIRPORT AND AIRWAY EXTENSION ACT OF 2023, PART II

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Public Law 118-34
118th Congress

                                 An Act


 
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. <<NOTE: Dec. 26, 
2023 -  [H.R. 6503]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 26 USC 1 
note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 26 USC 1 note.>>  Short Title.--This Act may be cited as 
the ``Airport and Airway Extension Act of 2023, Part II''.

    (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.

TITLE I <<NOTE: Time periods.>> --FEDERAL AVIATION PROGRAMS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103(a) of title 49, 
United States Code, is amended by striking paragraph (7) and inserting 
the following:
            ``(7) $1,464,480,874 for the period beginning October 1, 
        2023, and ending on March 8, 2024.''.

    (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

[[Page 137 STAT. 1113]]

on March 8, 2024, 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 56 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 ``December 31, 2023,'' and inserting ``March 8, 2024,''.
    (e) Extension of Special Rule for Apportionments.--Section 
47114(c)(1)(J) of title 49, United States Code, is amended by striking 
``December 31, 2023,'' and inserting ``March 8, 2024,''.
SEC. 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 ``December 31, 2023'' and 
inserting ``March 8, 2024''.
    (b) Unmanned Aircraft Test Ranges.--Section 44803(h) of title 49, 
United States Code, is amended by striking ``December 31, 2023'' and 
inserting ``March 8, 2024''.
    (c) Special Authority for Certain Unmanned Aircraft Systems.--
Section 44807(d) of title 49, United States Code, is amended by striking 
``December 31, 2023'' and inserting ``March 8, 2024''.
    (d) Extension of Airport Safety and Airspace Hazard Mitigation and 
Enforcement.--Section 44810(h) of title 49, United States Code, is 
amended by striking ``December 31, 2023'' and inserting ``March 8, 
2024''.
    (e) Competitive Access Reporting Requirement.--Section 47107(r)(3) 
of title 49, United States Code, is amended by striking ``January 1, 
2024'' and inserting ``March 9, 2024''.
    (f) Marshall Islands, Micronesia, and Palau.--Section 47115(i) of 
title 49, United States Code, is amended by striking ``December 31, 
2023'' and inserting ``March 8, 2024''.
    (g) Supplemental Discretionary Funds.--Section 47115(j)(4)(A) of 
title 49, United States Code, is amended by striking clause (vi) and 
adding at the end the following:
                          ``(vi) $244,177,049 for the period beginning 
                      on October 1, 2023, and ending on March 8, 
                      2024.''.

    (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 ``December 31, 2023'' and inserting ``March 8, 
2024''.
    (i) Non-Movement Area Surveillance Pilot Program.--Section 47143(c) 
of title 49, United States Code, is amended by striking ``January 1, 
2024'' and inserting ``March 9, 2024''.
    (j) Weather Reporting Programs.--Section 48105 of title 49, United 
States Code, is amended by striking paragraph (5) and adding at the end 
the following:
            ``(5) $17,049,180 for the period beginning on October 1, 
        2023, and ending on March 8, 2024.''.

[[Page 137 STAT. 1114]]

    (k) Learning Period.--Section 50905(c)(9) of title 51, United States 
Code, is amended by striking ``January 1, 2024'' and inserting ``March 
9, 2024''.
    (l) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat. 
2518) is amended by striking ``December 31, 2023,'' and inserting 
``March 8, 2024,''.
    (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 note) is amended by striking ``December 31, 2023'' 
and inserting ``March 8, 2024''.
    (n) Contract Weather Observers.--Section 2306(b) of the FAA 
Extension, Safety, and Security Act of 2016 (Public Law 114-190; 130 
Stat. 641) is amended by striking ``January 1, 2024'' and inserting 
``March 9, 2024''.
    (o) Remote Tower Pilot Program.--Section 161(a)(10) of the FAA 
Reauthorization Act of 2018 (49 U.S.C. 47104 note) is amended by 
striking ``December 31, 2023'' and inserting ``March 8, 2024''.
    (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 note) is amended by striking ``December 31, 2023'' 
and inserting ``March 8, 2024''.
    (q) UAS Remote Detection and Identification Pilot Program.--Section 
372(d) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44810 note) is 
amended by striking ``December 31, 2023'' and inserting ``March 8, 
2024''.
    (r) Advisory Committee for Aviation Consumer Protection.--Section 
411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 
note) <<NOTE: 49 USC note prec. 42301.>>  is amended by striking 
``December 31, 2023'' and inserting ``March 8, 2024''.

    (s) Aviation Consumer Advocate.--Section 424(e) of the FAA 
Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended by 
striking ``December 31, 2023'' and inserting ``March 8, 2024''.
    (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 note) is amended by striking ``December 31, 2023'' and 
inserting ``March 8, 2024''.
    (u) Enhanced Traffic Services.--Section 547(e) of the FAA 
Reauthorization Act of 2018 (49 U.S.C. 40103 note) is amended by 
striking ``December 31, 2023'' and inserting ``March 8, 2024''.
    (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 
note) is amended by striking ``December 31, 2023'' and inserting ``March 
8, 2024''.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    Section 106(k) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking subparagraph (G) and 
        inserting after subparagraph (F) the following:
                    ``(G) $5,208,743,169 for the period beginning on 
                October 1, 2023, and ending on March 8, 2024.''; and
            (2) in paragraph (3) by striking ``December 31, 2023'' and 
        inserting ``March 8, 2024''.
SEC. 104. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    Section 48101(a) of title 49, United States Code, is amended by 
striking paragraph (7) and adding at the end the following:

[[Page 137 STAT. 1115]]

            ``(7) $1,287,431,694 for the period beginning on October 1, 
        2023, and ending on March 8, 2024.''.
SEC. 105. RESEARCH, ENGINEERING, AND DEVELOPMENT.

    Section 48102(a) of title 49, United States Code, is amended by 
striking paragraph (16) and inserting the following:
            ``(16) $111,475,410 for the period beginning on October 1, 
        2023, and ending on March 8, 2024.''.
SEC. 106. SMALL COMMUNITY AIR SERVICE.

    (a) Essential Air Service Authorization.--Section 41742(a)(2) of 
title 49, United States Code, is amended by striking ``$89,191,486 for 
the period beginning on October 1, 2023, and ending on December 31, 
2023,'' and inserting ``$155,115,628 for the period beginning on October 
1, 2023, and ending on March 8, 2024,''.
    (b) Airports Not Receiving Sufficient Service.--Section 41743(e)(2) 
of title 49, United States Code, is amended by striking ``$2,513,661 for 
the period beginning on October 1, 2023, and ending on December 31, 
2023,'' and inserting ``$4,371,585 for the period beginning on October 
1, 2023, and ending on March 8, 2024,''.

                  TITLE II--AVIATION REVENUE PROVISIONS

SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST 
                        FUND.

    (a) In General.--Section 9502(d)(1) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 9502.>>  is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``January 1, 2024'' and inserting ``March 9, 2024''; and
            (2) in subparagraph (A) by striking the semicolon at the end 
        and inserting ``or the Airport and Airway Extension Act of 2023, 
        Part II;''.

    (b) Conforming Amendment.--Section 9502(e)(2) of such Code is 
amended by striking ``January 1, 2024'' and inserting ``March 9, 2024''.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST 
                        FUND.

    (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code 
of 1986 is amended by striking ``December 31, 2023'' and inserting 
``March 8, 2024''.
    (b) Ticket Taxes.--
            (1) Persons.--Section 4261(k)(1)(A)(ii) of the Internal 
        Revenue Code of 1986 is amended by striking ``December 31, 
        2023'' and inserting ``March 8, 2024''.
            (2) Property.--Section 4271(d)(1)(A)(ii) of the Internal 
        Revenue Code of 1986 is amended by striking ``December 31, 
        2023'' and inserting ``March 8, 2024''.

    (c) Fractional Ownership Programs.--
            (1) Fuel tax.--Section 4043(d) of the Internal Revenue Code 
        of 1986 is amended by striking ``December 31, 2023'' and 
        inserting ``March 8, 2024''.

[[Page 137 STAT. 1116]]

            (2) Treatment as noncommercial aviation.--Section 4083(b) of 
        the Internal Revenue Code of 1986 <<NOTE: 26 USC 4083.>>  is 
        amended by striking ``January 1, 2024'' and inserting ``March 9, 
        2024''.
            (3) Exemption from ticket tax.--Section 4261(j) of the 
        Internal Revenue Code of 1986 is amended by striking ``December 
        31, 2023'' and inserting ``March 8, 2024''.

    Approved December 26, 2023.

LEGISLATIVE HISTORY--H.R. 6503:
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CONGRESSIONAL RECORD, Vol. 169 (2023):
            Dec. 11, considered and passed House.
            Dec. 19, considered and passed Senate.

                                  <all>