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U.S. Code as of:
01/19/04
Section 9502. Airport and Airway Trust Fund
(a) Creation of Trust Fund
There is established in the Treasury of the United States a trust
fund to be known as the "Airport and Airway Trust Fund", consisting
of such amounts as may be appropriated or credited to the Airport
and Airway Trust Fund as provided in this section or section
9602(b).
(b) Transfers to Airport and Airway Trust Fund
There are hereby appropriated to the Airport and Airway Trust
Fund amounts equivalent to -
(1) the taxes received in the Treasury under -
(A) subsections (c) and (e) of section 4041 (relating to
aviation fuels),
(B) sections 4261 and 4271 (relating to transportation by
air),
(C) section 4081 (relating to gasoline) with respect to
aviation gasoline, and
(D) section 4091 (relating to aviation fuel), and
(2) the amounts determined by the Secretary of the Treasury to
be equivalent to the amounts of civil penalties collected under
section 47107(n) of title 49, United States Code.
There shall not be taken into account under paragraph (1) so much
of the taxes imposed by sections 4081 and 4091 as are determined at
the rates specified in section 4081(a)(2)(B) or 4091(b)(2).
(c) Appropriation of additional sums
There are hereby authorized to be appropriated to the Airport and
Airway Trust Fund such additional sums as may be required to make
the expenditures referred to in subsection (d) of this section.
(d) Expenditures from Airport and Airway Trust Fund
(1) Airport and airway program
Amounts in the Airport and Airway Trust Fund shall be
available, as provided by appropriation Acts, for making
expenditures before October 1, 2007, to meet those obligations of
the United States -
(A) incurred under title I of the Airport and Airway
Development Act of 1970 or of the Airport and Airway
Development Act Amendments of 1976 or of the Aviation Safety
and Noise Abatement Act of 1979 or under the Fiscal Year 1981
Airport Development Authorization Act or the provisions of the
Airport and Airway Improvement Act of 1982 or the Airport and
Airway Safety and Capacity Expansion Act of 1987 or the Federal
Aviation Administration Research, Engineering, and Development
Authorization Act of 1990 or the Aviation Safety and Capacity
Expansion Act of 1990 or the Airport and Airway Safety,
Capacity, Noise Improvement, and Intermodal Transportation Act
of 1992 or the Airport Improvement Program Temporary Extension
Act of 1994 or the Federal Aviation Administration
Authorization Act of 1994 or the Federal Aviation
Reauthorization Act of 1996 or the provisions of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 providing for payments from the Airport and Airway Trust
Fund or the Interim Federal Aviation Administration
Authorization Act or section 6002 of the 1999 Emergency
Supplemental Appropriations Act, Public Law 106-59, or the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century or the Aviation and Transportation Security Act or the
Vision 100 - Century of Aviation Reauthorization Act;
(B) heretofore or hereafter incurred under part A of subtitle
VII of title 49, United States Code, which are attributable to
planning, research and development, construction, or operation
and maintenance of -
(i) air traffic control,
(ii) air navigation,
(iii) communications, or
(iv) supporting services,
for the airway system; or
(C) for those portions of the administrative expenses of the
Department of Transportation which are attributable to
activities described in subparagraph (A) or (B).
Any reference in subparagraph (A) to an Act shall be treated as a
reference to such Act and the corresponding provisions (if any)
of title 49, United States Code, as such Act and provisions were
in effect on the date of the enactment of the last Act referred
to in subparagraph (A).
(2) Transfers from Airport and Airway Trust Fund on account of
certain refunds
The Secretary of the Treasury shall pay from time to time from
the Airport and Airway Trust Fund into the general fund of the
Treasury amounts equivalent to the amounts paid after August 31,
1982, in respect of fuel used in aircraft, under section 6420
(relating to amounts paid in respect of gasoline used on
farms,(!1) 6421 (relating to amounts paid in respect of gasoline
used for certain nonhighway purposes), or 6427 (relating to fuels
not used for taxable purposes).
(3) Transfers from the Airport and Airway Trust Fund on account
of certain section 34 credits
The Secretary of the Treasury shall pay from time to time from
the Airport and Airway Trust Fund into the general fund of the
Treasury amounts equivalent to the credits allowed under section
34 with respect to fuel used after August 31, 1982. Such amounts
shall be transferred on the basis of estimates by the Secretary
of the Treasury, and proper adjustments shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the credits allowed.
(4) Transfers for refunds and credits not to exceed Trust Fund
revenues attributable to fuel used
The amounts payable from the Airport and Airway Trust Fund
under paragraph (2) or (3) shall not exceed the amounts required
to be appropriated to such Trust Fund with respect to fuel so
used.
(5) Transfers from Airport and Airway Trust Fund on account of
refunds of taxes on transportation by air
The Secretary of the Treasury shall pay from time to time from
the Airport and Airway Trust Fund into the general fund of the
Treasury amounts equivalent to the amounts paid after December
31, 1995, under section 6402 (relating to authority to make
credits or refunds) or section 6415 (relating to credits or
refunds to persons who collected certain taxes) in respect of
taxes under sections 4261 and 4271.
(6) Transfers from the Airport and Airway Trust Fund on account
of certain airports
The Secretary of the Treasury may transfer from the Airport and
Airway Trust Fund to the Secretary of Transportation or the
Administrator of the Federal Aviation Administration an amount to
make a payment to an airport affected by a diversion that is the
subject of an administrative action under paragraph (3) or a
civil action under paragraph (4) of section 47107(n) of title 49,
United States Code.
(e) Certain taxes on alcohol mixtures to remain in general fund
For purposes of this section, the amounts which would (but for
this subsection) be required to be appropriated under subparagraphs
(A), (C), and (D) of subsection (b)(1) shall be reduced by -
(1) 0.6 cent per gallon in the case of taxes imposed on any
mixture at least 10 percent of which is alcohol (as defined in
section 4081(c)(3)) if any portion of such alcohol is ethanol;
and
(2) 0.67 cent per gallon in the case of fuel used in producing
a mixture described in paragraph (1).
(f) Limitation on transfers to Trust Fund
(1) In general
Except as provided in paragraph (2), no amount may be
appropriated or credited to the Airport and Airway Trust Fund on
and after the date of any expenditure from the Airport and Airway
Trust Fund which is not permitted by this section. The
determination of whether an expenditure is so permitted shall be
made without regard to -
(A) any provision of law which is not contained or referenced
in this title or in a revenue Act; and
(B) whether such provision of law is a subsequently enacted
provision or directly or indirectly seeks to waive the
application of this subsection.
(2) Exception for prior obligations
Paragraph (1) shall not apply to any expenditure to liquidate
any contract entered into (or for any amount otherwise obligated)
before October 1, 2007, in accordance with the provisions of this
section.
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