49 U.S.C. § 47115 — Discretionary fund

(a) Existence and Amounts in Fund — The Secretary has a discretionary fund made up of (1) apportionable money not given out under section 47114(c) through (e), and (2) 12.5 percent of the money not apportioned under section 47114 because of the fee-related reduction in section 47114(f). (b) Availability of Amounts — Subject to subsection (c) and section 47117(e), the fund can be used for grants for any purpose section 48103 allows, whichever the Secretary considers most appropriate for this subchapter. (c) Minimum Percentage for Primary and Reliever Airports — At least 75 percent of the fund's yearly distributed money must go to grants that (1) preserve or enhance capacity, safety, and security at primary and reliever airports, and (2) carry out airport noise-compatibility planning and programs at those airports. (d) Considerations — (1) For capacity-enhancement projects, the Secretary must weigh (A) the project's effect on overall national transportation system capacity; (B) its benefits and costs, including, at a reliever airport, how many operations it would shift away from the primary airport and the savings local airport-system users would see; (C) how much non-federal money is committed to preserving or improving capacity; (D) states' airport-improvement priorities, as long as they do not conflict with (A) and (B); (E) projected growth in passengers or aircraft using the airport; and (F) whether the project helps U.S. airports compete for global air-cargo business. (2) For all projects, the Secretary must also consider whether (A) every other project that scored higher under the numerical priority system has already been funded for the year, and (B) the sponsor can start the work within the fiscal year of the grant or within 6 months of it, whichever is later. (e) Waiving Percentage Requirement — If the Secretary cannot meet the 75 percent rule in a given year because there are not enough qualified applications, the leftover amount can be used for other purposes that year without regard to that rule. (f) Consideration of Diversion of Revenues in Awarding Discretionary Grants — (1) In deciding whether to give discretionary money to an airport, the Secretary must weigh against the airport the fact that it is using airport revenue, or local aviation-fuel taxes, for something other than the capital or operating costs of the airport, the local airport system, or related facilities tied to air transportation. (2) This only applies if the amount of such diverted revenue in the airport's most recent fiscal year is higher than it was in the airport's first fiscal year ending after August 23, 1994, adjusted for inflation using the Consumer Price Index for All Urban Consumers. (g) Minimum Amount To Be Credited — (1) Each year the fund must be credited with at least $148,000,000 plus whatever total is needed that year to carry out letters of intent issued before January 1, 1996. This minimum excludes money apportioned in earlier years that remains available. (2) If the amount actually credited falls short of that minimum, other apportionment amounts are reduced to make up the difference. (3) The pool available for that reduction is the total from sections 47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e); each is cut by an equal percentage to reach the needed amount. (h) Priority for Letters of Intent — In making grants from this fund, the Secretary must satisfy promises made under section 47110(e) before those made under section 47110(i). (i) Marshall Islands, Micronesia, and Palau — For fiscal years 2024 through 2028, airport sponsors in the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau are eligible for grants under this section and section 47116. (j) Airport Safety and Resilient Infrastructure Discretionary Program — (1) The Secretary must establish a grant program for any purpose section 48103 allows that fits this subchapter. (2) These grants (A) count as made under the Secretary's general grant authority and from this discretionary fund, but (B), except as this subsection provides, are not subject to the 75 percent rule, the special categories in section 47117(e), or any other apportionment formula or minimum percentage. (3) Any airport eligible for regular discretionary-fund grants may apply; at least 50 percent of this program's money must go to nonprimary, nonhub, and small hub airports; for safety and runway projects under (D)(iii), the Secretary must prioritize large and medium hub airports; and grants must go toward projects that (i) meet the statutory definition of "airport development," (ii) increase resilience against changing flooding patterns, or (iii) reduce runway incursions or improve runway or taxiway safety. (4) The program is authorized $532,392,074 for fiscal year 2024, and $200,000,000 for each of fiscal years 2025 through 2028; each year's funds stay available for 3 fiscal years. (k) Partnership Program Airports — (1) The Secretary may make grants from this fund to a Partnership Program airport if its sponsor's application under section 47134(b) was approved in fiscal year 2019, and the grant either (i) satisfies a promise made under section 47110(e) or funded by a nonpublic sponsor, or (ii) partly reimburses airport development on the layout plan begun that year or later, over up to 10 years. (2) These grants are not subject to the 75 percent rule, the categories in section 47117(e), or any other apportionment formula or minimum percentage. (l) Special Carryover Assumption Rule — The Secretary may add to the discretionary fund an extra amount equal to one-third of the apportioned money from the previous fiscal year that was not needed, based on how much of the current year's apportioned money is expected to go unused.