Federal Aviation Administration

Federal Aviation Administration facilities and equipment For an additional amount for “Facilities and Equipment”, $5,000,000,000, to remain available until expended: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That funds provided under this heading in this Act shall be for: (1) replacing terminal and en route air traffic control facilities; (2) improving air route traffic control center and combined control facility buildings; (3) improving air traffic control en route radar facilities; (4) improving air traffic control tower and terminal radar approach control facilities; (5) national airspace system facilities OSHA and environmental standards compliance; (6) landing and navigational aids; (7) fuel storage tank replacement and management; (8) unstaffed infrastructure sustainment; (9) real property disposition; (10) electrical power system sustain and support; (11) energy maintenance and compliance; (12) hazardous materials management and environmental cleanup; (13) facility security risk management; (14) mobile asset management program; and (15) administrative expenses, including salaries and expenses, administration, and oversight: Provided further, That not less than $200,000,000 of 135 STAT. 1416 the funds made available under this heading in this Act shall be for air traffic control towers that are owned by the Federal Aviation Administration and staffed through the contract tower program: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations of air traffic control towers and contract towers, to be funded for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a detailed spend plan for funding that will be made available under this heading in the upcoming fiscal year, including a list of projects for replacing facilities that are owned by the Federal Aviation Administration, including air traffic control towers that are staffed through the contract tower program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. airport infrastructure grants (including transfer of funds) For an additional amount for “Airport Infrastructure Grants”, $15,000,000,000, to remain available until September 30, 2030: Provided, That $3,000,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $3,000,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2023, $3,000,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $3,000,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $3,000,000,000, to remain available until September 30, 2030, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That amounts made available under this heading in this Act shall be made available to sponsors of any airport eligible to receive grants under section 47115 of title 49, United States Code, for airport-related projects defined under section 40117(a)(3) of title 49, United States Code: Provided further, That of the funds made available under this heading in this Act, in each of fiscal years 2022 through 2026—(1) Not more than $2,480,000,000 shall be available for primary airports as defined in section 47102(16) of title 49, United States Code, and certain cargo airports: Provided, That such funds shall not be subject to the reduced apportionments of section 47114(f) of title 49, United States Code: Provided further, That such funds shall first be apportioned as set forth in sections 47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49, United States Code: Provided further, That there shall be no maximum apportionment limit: Provided further, 135 STAT. 1417 That any remaining funds after such apportionment shall be distributed to all sponsors of primary airports (as defined in section 47102(16) of title 49, United States Code) based on each such airport’s passenger enplanements compared to total passenger enplanements of all airports defined in section 47102(16) of title 49, United States Code, for calendar year 2019 in fiscal years 2022 and 2023 and thereafter for the most recent calendar year enplanements upon which the Secretary has apportioned funds pursuant to section 47114(c) of title 49, United States Code; (2) Not more than $500,000,000 shall be for general aviation and commercial service airports that are not primary airports as defined in paragraphs (7), (8), and (16) of section 47102 of title 49, United States Code: Provided, That the Secretary of Transportation shall apportion the remaining funds to each non-primary airport based on the categories published in the most current National Plan of Integrated Airport Systems, reflecting the percentage of the aggregate published eligible development costs for each such category, and then dividing the allocated funds evenly among the eligible airports in each category, rounding up to the nearest thousand dollars: Provided further, That any remaining funds under this paragraph in this Act shall be distributed as described in paragraph (3) in this proviso under this heading in this Act; and (3) $20,000,000 for the Secretary of Transportation to make competitive grants to sponsors of airports participating in the contract tower program and the contract tower cost share program under section 47124 of title 49, United States Code to: (1) sustain, construct, repair, improve, rehabilitate, modernize, replace or relocate nonapproach control towers; (2) acquire and install air traffic control, communications, and related equipment to be used in those towers; and (3) construct a remote tower certified by the Federal Aviation Administration, including acquisition and installation of air traffic control, communications, or related equipment: Provided, That the Federal Aviation Administration shall give priority consideration to projects that enhance aviation safety and improve air traffic efficiency: Provided further, That the Federal share of the costs for which a grant is made under this paragraph shall be 100 percent: Provided further, That any funds made available in a given fiscal year that remain unobligated at the end of the fourth fiscal year after which they were first made available for obligation shall be made available in the fifth fiscal year after which they were first made available for obligation to the Secretary for competitive grants: Provided further, That of the amounts made available to the Secretary for competitive grants under the preceding proviso, the Secretary shall first provide up to $100,000,000, as described in paragraph (3) of the fourth proviso, and any remaining unobligated balances in excess of that amount shall be available to the Secretary for competitive grants otherwise eligible under the third proviso that reduce airport emissions, reduce noise impact to the surrounding community, reduce dependence on the electrical grid, or provide general benefits to the surrounding community: Provided further, That none of the amounts made available under this heading in this Act may be used to pay for airport debt service: Provided further, That a grant made from funds made available 135 STAT. 1418 under this heading in this Act shall be treated as having been made pursuant to the Secretary’s authority under section 47104(a) of title 49, United States Code: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for personnel, contracting, and other costs to administer and oversee grants, of which $1,000,000 in each fiscal year shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the Federal share of the costs of a project under paragraphs (1) and (2) of the fourth proviso under this heading shall be the percent for which a project for airport development would be eligible under section 47109 of title 49, United States Code: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. airport terminal program (including transfer of funds) For an additional amount for “Airport Terminal Program”, $5,000,000,000, to remain available until September 30, 2030, for the Secretary of Transportation to provide competitive grants for airport terminal development projects that address the aging infrastructure of the nation’s airports: Provided, That $1,000,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until September 30, 2030, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That the Secretary shall issue a notice of funding opportunity not later than 60 days after the date of enactment of this Act: Provided further, That of the funds made available under this heading in this Act, not more than 55 percent shall be for large hub airports, not more than 15 percent shall be for medium hub airports, not more than 20 percent shall be for small hub airports, and not less than 10 percent shall be for nonhub and nonprimary airports: Provided further, That in awarding grants for terminal development projects from funds made available under this heading in this Act, the Secretary may consider projects that qualify as “terminal development” (including multimodal terminal development), as that term is defined in 49 U.S.C. §47102(28), projects for on-airport rail access projects as set forth in Passenger Facility Charge (PFC) Update 75–21, and projects for relocating, reconstructing, repairing, or improving an airport-owned air traffic 135 STAT. 1419 control tower: Provided further, That in awarding grants for terminal development projects from funds made available under this heading in this Act, the Secretary shall give consideration to projects that increase capacity and passenger access; projects that replace aging infrastructure; projects that achieve compliance with the Americans with Disabilities Act and expand accessibility for persons with disabilities; projects that improve airport access for historically disadvantaged populations; projects that improve energy efficiency, including upgrading environmental systems, upgrading plant facilities, and achieving Leadership in Energy and Environmental Design (LEED) accreditation standards; projects that improve airfield safety through terminal relocation; and projects that encourage actual and potential competition: Provided further, That the Federal share of the cost of a project carried out from funds made available under this heading in this Act shall be 80 percent for large and medium hub airports and 95 percent for small hub, nonhub, and nonprimary airports: Provided further, That a grant made from funds made available under this heading in this Act shall be treated as having been made pursuant to the Secretary’s authority under section 47104(a) of title 49, United States Code: Provided further, That the Secretary may provide grants from funds made available under this heading in this Act for a project at any airport that is eligible to receive a grant from the discretionary fund under section 47115(a) of title 49, United States Code: Provided further, That in making awards from funds made available under this heading in this Act, the Secretary shall provide a preference to projects that achieve a complete development objective, even if awards for the project must be phased, and the Secretary shall prioritize projects that have received partial awards: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each fiscal year shall be for personnel, contracting and other costs to administer and oversee grants, of which $1,000,000 in each fiscal year shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.