§48104. Operations and maintenance

(a) Authorization of Appropriations.-Except as provided in this section, the balance of the money available in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for-

(1) direct costs the Secretary incurs to flight check, operate, and maintain air navigation facilities referred to in section 44502(a)(1)(A) of this title safely and efficiently; and

(2) the costs of services provided under international agreements related to the joint financing of air navigation services assessed against the United States Government.

(b) Limitation for Fiscal Year 1993.-The amount that may be appropriated out of the Fund for fiscal year 1993 may not be more than an amount equal to-

(1) 75 percent of the amount made available under sections 106(k) and 48101–48103 of this title for that fiscal year; less

(2) the amount made available under sections 48101–48103 of this title for that fiscal year.

(c) Limitation for Fiscal Years 1994–1998.-The amount appropriated from the Trust Fund for the purposes of paragraphs (1) and (2) of subsection (a) for each of fiscal years 1994 through 1998 may not exceed the lesser of-

(1) 50 percent of the amount of funds made available under sections 48101–48103 of this title for such fiscal year; or

(2)(A) 72.5 percent of the amount of funds made available under sections 106(k) and 48101–48103 of this title for such fiscal year; less

(B) the amount of funds made available under sections 48101–48103 of this title for such fiscal year.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296 ; Pub. L. 103–305, title I, §102(b), Aug. 23, 1994, 108 Stat. 1571 ; Pub. L. 104–264, title I, §103(b), (d)(1), Oct. 9, 1996, 110 Stat. 3216 ; Pub. L. 104–287, §5(87), Oct. 11, 1996, 110 Stat. 3398 .)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
48104(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(c)(1).	Sept. 3, 1982, Pub. L. 97–248, §506(c)(1), 96 Stat. 678 ; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(A), (C), 101 Stat. 1494 .
48104(b)	49 App.:2205(c)(2).	Sept. 3, 1982, Pub. L. 97–248, §506(c)(2), 96 Stat. 678 ; Jan. 6, 1983, Pub. L. 97–424, §426(c), 96 Stat. 2168 ; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(B), (C), 101 Stat. 1494 .
	49 App.:2205(c)(3).	Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324 , §506(c)(3); added Dec. 30, 1987, Pub. L. 100–223, §105(c)(1), 101 Stat. 1492 ; Nov. 5, 1990, Pub. L. 101–508, §9107(a), 104 Stat. 1388–355 .
	49 App.:2205(c)(4).	Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324 , §506(c)(4); added Nov. 5, 1990, Pub. L. 101–508, §9107(b), 104 Stat. 1388–355 ; Oct. 31, 1992, Pub. L. 102–581, §103(c)(1), 106 Stat. 4877 .

In subsection (a), before clause (1), the words "Except as provided in this section" are added for clarity. The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter.

In subsection (b), the text of 49 App.:2205(c)(2) and (3) and the reference to fiscal years 1991 and 1992 in 49 App:2205(c)(4) are omitted as obsolete.

Pub. L. 104–287

This makes a clarifying amendment to the catchline for 49:48104(b).

Amendments

1996-Pub. L. 104–264, §103(d)(1), substituted "Operations and maintenance" for "Certain direct costs and joint air navigation services" in section catchline.

Subsec. (b). Pub. L. 104–287 substituted "Year" for "Years" in heading.

Subsec. (c). Pub. L. 104–264, §103(b)(1), (2), substituted "1998" for "1996" in heading and "1994 through 1998" for "1994, 1995, and 1996" in introductory provisions.

Subsec. (c)(2)(A). Pub. L. 104–264, §103(b)(3), substituted "72.5 percent" for "70 percent".

1994-Subsec. (b). Pub. L. 103–305, §102(b)(1), (2), inserted "for Fiscal Years 1993" in heading and substituted "fiscal year 1993" for "each of the fiscal years ending September 30, 1993–1995," in introductory provisions.

Subsec. (c). Pub. L. 103–305, §102(b)(3), added subsec. (c).

Effective Date of 1996 Amendment

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

Section Referred to in Other Sections

This section is referred to in sections 48105, 48108 of this title.