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Restore funding to the FAA
AKA “Airway Trust Restoration Act”
Which agency/agencies promulgated the regulation? *
• U.S. Congress (via 49 U.S.C. § 9502)
• Department of Transportation (DOT) / Federal Aviation Administration (FAA)
• 49 U.S.C. § 9502(c) – the diversion clause that directs a portion of aviation excise taxes away from the Airport and Airway Trust Fund into the U.S. Treasury’s General Fund.
—OPTIONAL--
Notice of Proposed Rulemaking
“Airport and Airway Trust Fund Integrity Act”
Each year, roughly 15–20 percent of ticket taxes is siphoned from the Trust Fund under § 9502(c), starving FAA operations and capital programs of $3–4 billion in dedicated revenue. Ending that diversion ensures every penny of aviation excise tax flows back into safety inspections, controller staffing, and NextGen modernization.
U.S. House Transportation & Infrastructure Committee
2165 Rayburn House Office Building
Washington, DC 20515
U.S. Senate Commerce, Science, and Transportation Committee
513 Dirksen Senate Office Building
Washington, DC 20510
(202) 225-9446
Since 1982, Congress has levied excise taxes on passenger tickets, fuel, and cargo to fund the Airport and Airway Trust Fund (AATF). Section 9502(c) was added to allow annual diversions into the General Fund, intended for budget flexibility but now chronically underfunding FAA’s core mission.
Removing § 9502(c) restores 100 percent of aviation taxes to the AATF, providing a predictable $3–4 billion boost each year that directly supports hiring air-traffic controllers, funding runway maintenance grants, and accelerating safety-critical technology deployments.
— 49 U.S.C. § 9502(c) deleted; all passenger ticket, segment, fuel, and cargo taxes deposit into the Airport and Airway Trust Fund without diversion.
All other sections of 49 U.S.C. § 9502 remain in effect, ensuring continued authorization of the Trust Fund.
Sean Duffy
Secretary of Transportation