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Code · BILL · 116th Congress · H.R. 2 (Engrossed in House) — To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. · Sec. 10102

Sec. 10102. Supplemental funding for airports

854 words·~4 min read·/bill/116/hr/2/eh/section-10102

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In addition to the amounts made available under section 48103(a) of title 49, United States Code, there are authorized to be appropriated from the general fund of the Treasury for the Secretary of Transportation to make grants for eligible uses under subsection (e)— $3,000,000,000 for fiscal year 2021; $3,250,000,000 for fiscal year 2022; $3,500,000,000 for fiscal year 2023; $3,750,000,000 for fiscal year 2024; and $4,000,000,000 for fiscal year 2025. Amounts made available under subsection
(a)shall be distributed as follows: After setting aside amounts under subsection (c), remaining funds shall be distributed to all sponsors of commercial service airports, as such term is defined in section 47102 of title 49, United States Code, based on each such airport’s passenger enplanements compared to total passenger enplanements for all commercial service airports, for calendar year 2019 or the most recent calendar year, whichever year has the greater total enplanements. If calendar year 2019 enplanements are used, a proportional adjustment (using enplanements for the most recent calendar year) shall be made for any airport that becomes a commercial service airport after calendar year 2019. An airport sponsor that was allocated more than 4 times such sponsor’s annual operating expenses under the CARES Act ( Public Law 116–136 ) may not receive supplemental funding under subsection
(a)for fiscal years 2021 or 2022. For each fiscal year, of the total funds appropriated pursuant to subsection (a), the Secretary shall set aside— 3.5 percent of such funds to make grants to the sponsors of cargo airports, as described in section 47114(c)(2)(A) of title 49, United States Code; 4 percent of such funds to make grants to general aviation, reliever, and nonprimary commercial service airports, as such terms are defined in section 47102 of title 49, United States Code, based on capacity needs or the needs of the aviation system; and 5 percent of such funds to make grants to any airport sponsor for— airport emission reduction projects described in subparagraph (K), (L), or
(O)of section 47102(3) of title 49, United States Code, or section 47136(a) of title 49, United States Code; airport resiliency projects described in section 47102(3)(S) of title 49, United States Code, as added by this Act; airport noise compatibility and mitigation planning, programs, and projects, including planning, programs, and projects described in sections 47504 or 47505 of title 49, United States Code; and other airport projects that reduce the adverse effects of airport operations on the environment and surrounding communities, as determined appropriate by the Administrator. Of the funds set aside under subsection (c)(3), not less than 50 percent of such funds shall be applied to projects described in subparagraph
(A)of such subsection. The following rules shall apply to grants provided under subsection (a): Grants provided in fiscal year 2021 may be used for eligible projects under chapter 471 of title 49, United States Code, terminal development projects, operations, ensuring public health, cleaning, sanitization, janitorial services, refurbishing or replacing systems and technologies to combat the spread of pathogens, staffing, workforce retention, paid leave, procurement of protective health equipment and training for employees and contractors on use of such equipment, debt service payments, and rent and fee waivers to airport concessionaires and other lessees. Grants provided in fiscal years 2022 through 2025 may be used for— eligible projects under chapter 471 of title 49, United States Code; any eligible airport-related projects defined under section 40117(a)(3) of title 49, United States Code; any development project of an airport, local airport system, or other local facilities— owned or operated by the airport owner or operator; and directly and substantially related to the air transportation of passengers or property; and debt service or other financing costs related to such projects. Funds provided under this section may not be used for any purposes not directly related to the airport for which such grant is provided. Notwithstanding section 47109 of title 49, United States Code, the Federal share of the costs of a project for carried out using a grant provided under this section shall be 100 percent. Except for project eligibility under this section, the requirements and grant assurances applicable to sponsors receiving grants under chapter 471 of title 49, United States Code, shall apply to any sponsor awarded a grant for an eligible project under subsection (e)(2)(A), eligible airport-related project under subsection (e)(2)(B), a development project under subsection (e)(2)(C), or eligible project or terminal development project listed under subsection (e)(1). Funds made available under subsection
(a)shall remain available for 3 fiscal years. Of the amounts made available to carry out this section, the Secretary may reserve up to $8,000,000 for each of fiscal years 2021 through 2025 for the administrative costs of carrying out this section. An airport sponsor shall use at least 2 percent of any funds received under subsection (a)(1) to provide financial relief to airport concessionaires experiencing economic hardship. With respect to funds under subsection (a)(1), airport sponsors must also show good faith efforts to provide relief to small business concerns owned and controlled by socially and economically disadvantaged businesses, as such terms are defined under section 47113 of title 49, United States Code.
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Sec. 10102
Supplemental funding for airports
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