49 U.S.C. § 48101 | Air navigation facilities and equipment

(a)

General Authorization of Appropriations .—

26 U.S.C. 9502 section 44502(a)(1)(A) of this titleNot more than a total of the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 () to acquire, establish, and improve air navigation facilities under :

(1)

$3,191,250,000 for fiscal year 2024.

(2)

$3,575,000,000 for fiscal year 2025.

(3)

$3,625,000,000 for fiscal year 2026.

(4)

$3,675,000,000 for fiscal year 2027.

(5)

$3,725,000,000 for fiscal year 2028.

(b)

Availability of Amounts .—

Amounts appropriated under this section remain available until expended.

(c)

Authorized Expenditures .—

Of the amounts appropriated under subsection (a), such sums as may be necessary may be used for the following:

(1)

The implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.

(2)

The acquisition and construction of remote towers (as defined in section 161 of the FAA Reauthorization Act of 2018).

(3)

The remediation and elimination of identified cybersecurity vulnerabilities in the air traffic control system.

(4)

The construction of facilities dedicated to improving the cybersecurity of the National Airspace System.

(5)

Systems associated with the Data Communications program.

(6)

The infrastructure, sustainment, and the elimination of the deferred maintenance backlog of air navigation facilities and other facilities for which the Federal Aviation Administration is responsible.

(7)

The modernization and digitization of the Civil Aviation Registry.

(8)

The construction of necessary Priority 1 National Airspace System facilities.

(9)

Cost-beneficial construction, rehabilitation, or retrofitting programs designed to reduce Federal Aviation Administration facility operating costs.

(d)

Life-Cycle Cost Estimates .—

The Administrator of the Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total life-cycle costs of which equal or exceed $50,000,000.

Pub. L. 103–272, § 1(e)July 5, 1994108 Stat. 1294 Pub. L. 103–305, title I, § 102(a)Aug. 23, 1994108 Stat. 1571 Pub. L. 104–264, title I, § 102(a)Oct. 9, 1996110 Stat. 3216 Pub. L. 106–6, § 3Mar. 31, 1999113 Stat. 10 Pub. L. 106–181, title I, § 102Apr. 5, 2000114 Stat. 65 Pub. L. 108–176, title I, § 102Dec. 12, 2003117 Stat. 2494 Pub. L. 110–330, § 7Sept. 30, 2008122 Stat. 3719 Pub. L. 111–12, § 7Mar. 30, 2009123 Stat. 1458 Pub. L. 111–69, § 7Oct. 1, 2009123 Stat. 2056 Pub. L. 111–116, § 7Dec. 16, 2009123 Stat. 3033 Pub. L. 111–153, § 7Mar. 31, 2010124 Stat. 1086 Pub. L. 111–161, § 7Apr. 30, 2010124 Stat. 1128 Pub. L. 111–197, § 7July 2, 2010124 Stat. 1354 Pub. L. 111–216, title I, § 106Aug. 1, 2010124 Stat. 2350 Pub. L. 112–30, title II, § 207Sept. 16, 2011125 Stat. 359 Pub. L. 112–91, § 7Jan. 31, 2012126 Stat. 4 Pub. L. 112–95, title I, § 102Feb. 14, 2012126 Stat. 16 Pub. L. 114–55, title I, § 104Sept. 30, 2015129 Stat. 524 Pub. L. 114–141, title I, § 104Mar. 30, 2016130 Stat. 323 Pub. L. 114–190, title I, § 1104July 15, 2016130 Stat. 618 Pub. L. 115–63, title I, § 105Sept. 29, 2017131 Stat. 1170 Pub. L. 115–141, div. M, title I, § 105Mar. 23, 2018132 Stat. 1047 Pub. L. 115–254, div. B, title I, § 112Oct. 5, 2018132 Stat. 3200 Pub. L. 118–15, div. B, title II, § 2204Sept. 30, 2023137 Stat. 84 Pub. L. 118–34, title I, § 104Dec. 26, 2023137 Stat. 1114 Pub. L. 118–41, title I, § 104Mar. 8, 2024138 Stat. 23 Pub. L. 118–63, title I, § 102May 16, 2024138 Stat. 1034(, , ; , , ; , (b)(1), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
48101(a)	49 App.:2202(a)(24).	Sept. 3, 1982, Pub. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488.
	49 App.:2205(a)(1) (1st sentence).	Sept. 3, 1982, Pub. L. 97–248, § 506(a)(1), 96 Stat. 677; restated Dec. 30, 1987, Pub. L. 100–223, § 105(a)(2), 101 Stat. 1490; Nov. 5, 1990, Pub. L. 101–508, § 9105(b), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, § 103(a), 106 Stat. 4877.
48101(b)	49 App.:2202(a)(24).
	49 App.:2205(a)(2) (1st sentence).	Sept. 3, 1982, Pub. L. 97–248, § 506(a)(2), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100–223, § 105(a)(2), 101 Stat. 1490; restated Oct. 31, 1992, Pub. L. 102–581, § 103(b), 106 Stat. 4877.
48101(c)	49 App.:2205(a)(1) (last sentence), (2) (last sentence).

September 30, 1990In subsection (a), the words “to the Secretary of Transportation” are added for clarity and consistency in this chapter. The words “for fiscal years beginning after ” and “$2,500,000,000 for fiscal year 1991” are omitted as obsolete.

Editorial Notes

References in Text

section 161 of Pub. L. 115–254 section 47104 of this titleSection 161 of the FAA Reauthorization Act of 2018, referred to in subsec. (c)(2), is , which is set out as a note under .

Amendments

Pub. L. 118–632024—Subsec. (a). added pars. (1) to (5) and struck out former pars. (1) to (7) which read as follows:

“(1) $3,330,000,000 for fiscal year 2018.

“(2) $3,398,000,000 for fiscal year 2019.

“(3) $3,469,000,000 for fiscal year 2020.

“(4) $3,547,000,000 for fiscal year 2021.

“(5) $3,624,000,000 for fiscal year 2022.

“(6) $3,701,000,000 for fiscal year 2023.

October 1, 2023May 10, 2024“(7) $1,794,357,923 for the period beginning on , and ending on .”

Pub. L. 118–41October 1, 2023March 8, 2024Subsec. (a)(7). added par. (7) and struck out former par. (7) which read as follows: “$1,287,431,694 for the period beginning on , and ending on .”

Pub. L. 118–34October 1, 2023December 31, 20232023—Subsec. (a)(7). added par. (7) and struck out former par. (7) which read as follows: “$740,273,224 for the period beginning on , and ending on .”

Pub. L. 118–15 added par. (7).

Pub. L. 115–254, § 112(a)2018—Subsec. (a)(1) to (4). , added pars. (1) to (4) and struck out former pars. (1) to (4) which read as follows:

“(1) $2,731,000,000 for fiscal year 2012.

“(2) $2,715,000,000 for fiscal year 2013.

“(3) $2,730,000,000 for fiscal year 2014.

“(4) $2,730,000,000 for fiscal year 2015.”

Pub. L. 115–254, § 112(a)Subsec. (a)(5). , added par. (5) and struck out former par. (5) which read as follows: “$2,855,000,000 for each of fiscal years 2016 through 2018.”

Pub. L. 115–141, § 105(1), substituted “2016 through 2018” for “2016 and 2017”.

Pub. L. 115–254, § 112(a)Subsec. (a)(6). , added par. (6).

Pub. L. 115–141, § 105(2)October 1, 2017March 31, 2018, struck out par. (6) which read as follows: “$1,423,589,041 for the period beginning on , and ending on .”

Pub. L. 115–254, § 112(b)(2)Subsec. (c). , substituted “may be used for the following:” and pars. (1) to (9) for “may be necessary may be used for the implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.”

Pub. L. 115–254, § 112(b)(1), substituted “Authorized Expenditures” for “Automated Surface Observation System/Automated Weather Observing System Upgrade” in heading.

Pub. L. 115–632017—Subsec. (a)(6). added par. (6).

Pub. L. 114–190October 1, 2015July 15, 20162016—Subsec. (a)(5). amended par. (5) generally. Prior to amendment, par. (5) read as follows: “$2,058,333,333 for the period beginning on , and ending on .”

Pub. L. 114–141October 1, 2015March 31, 2016 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “$1,300,000,000 for the period beginning on , and ending on .”

Pub. L. 114–552015—Subsec. (a)(5). added par. (5).

Pub. L. 112–95, § 102(a)Oct. 1, 2011Feb. 17, 20122012—Subsec. (a). , added pars. (1) to (4) and struck out former pars. (1) to (8) which authorized appropriations for fiscal years 2004 through 2011, and for the period beginning , and ending .

Pub. L. 112–91October 1, 2011January 31, 2012Subsec. (a)(8). amended par. (8) generally. Prior to amendment, par. (8) read as follows: “$917,704,544 for the period beginning on , and ending on .”

Pub. L. 112–95, § 102(b)Subsecs. (c) to (i). , redesignated subsecs. (f) and (g) as (c) and (d), respectively, and struck out former subsecs. (c), (d), (e), (h), and (i), which related, respectively, to enhanced safety and security for aircraft operations in the Gulf of Mexico, operational benefits of wake vortex advisory system, ground-based precision navigational aids, standby power efficiency program, and pilot program to provide incentives for development of new technologies.

Pub. L. 112–302011—Subsec. (a)(7), (8). added pars. (7) and (8).

Pub. L. 111–216October 1, 2009August 1, 20102010—Subsec. (a)(6). amended par. (6) generally. Prior to amendment, par. (6) read as follows: “$2,453,539,493 for the period beginning on , and ending on .”

Pub. L. 111–197October 1, 2009July 3, 2010 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “$2,220,252,132 for the period beginning on , and ending on .”

Pub. L. 111–161October 1, 2009 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “$1,712,785,083 for the 7-month period beginning on .”

Pub. L. 111–153October 1, 2009 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “$1,466,888,500 for the 6-month period beginning on .”

Pub. L. 111–12October 1, 20082009—Subsec. (a)(5). substituted “$2,742,095,000 for fiscal year 2009” for “$1,360,188,750 for the 6-month period beginning on ”.

Pub. L. 111–116October 1, 2009Subsec. (a)(6). amended par. (6) generally. Prior to amendment, par. (6) read as follows: “$733,444,250 for the 3-month period beginning on .”

Pub. L. 111–69 added par. (6).

Pub. L. 110–3302008—Subsec. (a)(5). added par. (5).

Pub. L. 108–176, § 102(1)2003—Subsec. (a)(1) to (5). , added pars. (1) to (4) and struck out formers par. (1) to (5) which read as follows:

“(1) $2,131,000,000 for fiscal year 1999.

“(2) $2,689,000,000 for fiscal year 2000.

“(3) $2,656,765,000 for fiscal year 2001.

“(4) $2,914,000,000 for fiscal year 2002.

“(5) $2,981,022,000 for fiscal year 2003.”

Pub. L. 108–176, § 102(2)Subsecs. (b) to (e). , (3), added subsecs. (c) to (e), redesignated former subsec. (c) as (b), and struck out former subsecs. (b), (d) and (e), which related, respectively, to major airway capital investment plan changes, universal access systems, and the Alaska National Air Space Interfacility Communications System.

Pub. L. 108–176, § 102(4)September 30, 2000Subsec. (f). , struck out “for fiscal years beginning after ” after “appropriated under subsection (a)” and inserted “may be used” after “may be necessary”.

Pub. L. 108–176, § 102(5)Subsecs. (h), (i). , added subsecs. (h) and (i).

Pub. L. 106–181, § 102(a)2000—Subsec. (a). , added pars. (1) to (5) and struck out former pars. (1) to (3) which read as follows:

“(1) $2,068,000,000 for fiscal year 1997.

“(2) $2,129,000,000 for fiscal year 1998.

“(3) $2,131,000,000 for fiscal year 1999.”

Pub. L. 106–181, § 102(b)Subsec. (d). , added subsec. (d).

Pub. L. 106–181, § 102(c)Subsec. (e). , added subsec. (e).

Pub. L. 106–181, § 102(d)Subsec. (f). , added subsec. (f).

Pub. L. 106–181, § 102(e)Subsec. (g). , added subsec. (g).

Pub. L. 106–61999—Subsec. (a)(3). added par. (3).

Pub. L. 104–264, § 102(b)(1)1996—, inserted “and equipment” after “facilities” in section catchline.

Pub. L. 104–264, § 102(a)Subsec. (a). , added pars. (1) and (2) and struck out former pars. (1) to (4) which read as follows:

September 30, 1991“(1) For the fiscal years ending –1993, $8,200,000,000.

September 30, 1991“(2) For the fiscal years ending –1994, $10,724,000,000.

September 30, 1991“(3) For the fiscal years ending –1995, $13,394,000,000.

September 30, 1991“(4) For the fiscal years ending –1996, $16,129,000,000.”

Pub. L. 103–305, § 102(a)(1)1994—Subsec. (a)(1). , substituted “For” for “for”.

Pub. L. 103–305, § 102(a)(2)Subsec. (a)(2). , substituted “For” for “for” and “$10,724,000,000” for “$11,100,000,000”.

Pub. L. 103–305, § 102(a)(3)Subsec. (a)(3). , substituted “For” for “for” and “$13,394,000,000” for “$14,000,000,000”.

Pub. L. 103–305, § 102(a)(4)Subsec. (a)(4). , added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–176Sept. 30, 2003section 3 of Pub. L. 108–176 section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–181Sept. 30, 1999section 3 of Pub. L. 106–181 section 106 of this titleAmendment by applicable only to fiscal years beginning after , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–264Sept. 30, 1996Oct. 1, 1996section 3 of Pub. L. 104–264 section 106 of this titleExcept as otherwise specifically provided, amendment by applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see , set out as a note under .

Facilities and Equipment Reports

Pub. L. 108–176, title I, § 184Dec. 12, 2003117 Stat. 2517Dec. 12, 2007, , , directed the Administrator of the Federal Aviation Administration to report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure every 6 months on the 10 largest programs funded under this section until .

Funding for Aviation Programs

Pub. L. 106–181, title I, § 106(a)Apr. 5, 2000114 Stat. 72 Pub. L. 108–176, title I, § 104(c)Dec. 12, 2003117 Stat. 2497–(c), , , 73, which related to budget resources made available from the Airport and Airway Trust Fund through fiscal year 2003, was repealed by , , .