[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2599 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2599

To impose surcharges on private jet travel and certain first class and 
               business tickets, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

Mr. Whitehouse (for himself, Mr. Markey, and Mr. Welch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To impose surcharges on private jet travel and certain first class and 
               business tickets, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assessing International Requirements 
to Fuel Aviation's Impact Reduction Act of 2023'' or the ``AIR FAIR Act 
of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) aviation accounts for 3 percent of the total greenhouse 
        gas emissions of the United States;
            (2) aviation is 1 of the fastest growing sources of 
        anthropogenic greenhouse gas emissions;
            (3) greenhouse gas emissions resulting from aviation are 
        projected to triple by 2050;
            (4) flying first class has been estimated to have up to 7 
        times the carbon footprint of flying in economy class;
            (5) flying first class on a single domestic round-trip 
        flight can generate more greenhouse gas emissions than the 
        average greenhouse gas emissions from a year of driving;
            (6) private jets are, on average--
                    (A) 10 times more carbon intensive than commercial 
                airliners; and
                    (B) 50 times more carbon intensive than trains;
            (7) operators of private jets benefit from public airport 
        infrastructure, but fail to pay their fair share for the 
        maintenance, upkeep, and administration of that infrastructure; 
        and
            (8) airports are a large source of air pollution and 
        contribute to poor air quality in the neighborhoods surrounding 
        the airports, leading to worse health outcomes for those who 
        live in those neighborhoods.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Calculated greenhouse gas emissions.--The term 
        ``calculated greenhouse gas emissions'', with respect to 
        aviation fuel, means the aggregate net lifecycle greenhouse gas 
        emissions of the fuel or mix of fuels consumed by a flight 
        where all fuels, except the consumed fuels that are sustainable 
        aviation fuels, are considered to have the net lifecycle 
        greenhouse gas emissions of traditional jet fuel.
            (3) Estimated flight time.--
                    (A) In general.--The term ``estimated flight 
                time'', with respect to a flight that has not yet 
                terminated, means the period that the operator of the 
                flight reasonably anticipates will be the real flight 
                time.
                    (B) Exclusion.--The term ``estimated flight time'' 
                does not include any period during which the aircraft 
                used for the flight is anticipated to spend taxiing to 
                a gate, standing at a gate, or otherwise remaining 
                grounded.
            (4) Greenhouse gas.--The term ``greenhouse gas'' has the 
        meaning given the term in section 137(d) of the Clean Air Act 
        (42 U.S.C. 7437(d)).
            (5) Net lifecycle greenhouse gas emissions.--The term ``net 
        lifecycle greenhouse gas emissions'', with respect to aviation 
        fuel, means the net quantity of greenhouse gas emissions 
        related to the full fuel lifecycle, where the mass values for 
        those greenhouse gas emissions are adjusted to account for the 
        relative global warming potential of each greenhouse gas, as 
        determined by the Administrator in accordance with the most 
        recent Carbon Offsetting and Reduction Scheme for International 
        Aviation that has been adopted by the International Civil 
        Aviation Organization with the agreement of the United States.
            (6) Qualifying flight.--
                    (A) In general.--The term ``qualifying flight'' 
                means a flight that--
                            (i) originates from, terminates in, or both 
                        originates from and terminates in the United 
                        States;
                            (ii) is made using an aircraft--
                                    (I) equipped with 1 or more jet 
                                engines; and
                                    (II) with a maximum takeoff weight 
                                of not less than 12,500 pounds; and
                            (iii) is not operated as a regularly 
                        scheduled flight by a passenger common carrier 
                        subject to part 121 of title 14, Code of 
                        Federal Regulations (or successor regulations).
                    (B) Exclusions.--The term ``qualifying flight'' 
                does not include a flight described in subparagraph 
                (A)--
                            (i) in which the aircraft carrying out the 
                        flight is--
                                    (I) a Federal, State, Tribal, or 
                                local government-owned aircraft 
                                conducting government business; or
                                    (II) a military aircraft;
                            (ii) that is flown for medical reasons; or
                            (iii) that is flown exclusively for the 
                        purpose of carrying cargo.
            (7) Qualifying ticket.--
                    (A) In general.--The term ``qualifying ticket'' 
                means a ticket for a first class or business class 
                seat--
                            (i) on a flight that--
                                    (I) originates from, terminates in, 
                                or both originates from and terminates 
                                in the United States;
                                    (II) is operated as a regularly 
                                scheduled flight by a passenger common 
                                carrier subject to part 121 of title 
                                14, Code of Federal Regulations (or 
                                successor regulations); and
                                    (III) is not made using an aircraft 
                                that relies exclusively on a hydrogen 
                                fuel cell or batteries for the 
                                propulsion of the aircraft; and
                            (ii)(I) with respect to a flight with 2 or 
                        3 classes of service, in the highest class of 
                        service; and
                            (II) with respect to a flight with 4 or 
                        more classes of service, in either of the 2 
                        highest classes of service.
                    (B) Inclusion.--The term ``qualifying ticket'' 
                includes a ticket for a seat, regardless of class of 
                service, capable of reclining at an angle of greater 
                than 45 degrees, including a seat capable of lying 
                fully flat.
                    (C) Treatment of multiple flight segments.--If only 
                1 ticket is provided for travel the itinerary of which 
                includes 2 or more flight segments, the ticket shall be 
                treated as a separate qualifying ticket for each 
                separate takeoff and landing for a flight described in 
                subparagraph (A)(i) in a seat described in 
                subparagraphs (A)(ii) and (B) (as applicable).
            (8) Real flight time.--
                    (A) In general.--The term ``real flight time'', 
                with respect to a flight, means the period between the 
                time of takeoff and the time of landing.
                    (B) Exclusion.--The term ``real flight time'' does 
                not include any period during which the aircraft used 
                for the flight taxies to a gate, stands at a gate, or 
                is otherwise grounded.
            (9) Sustainable aviation fuel.--
                    (A) In general.--The term ``sustainable aviation 
                fuel'' means any neat fuel that achieves a reduction in 
                average net lifecycle greenhouse gas emissions, as 
                compared to traditional jet fuel, of at least 50 
                percent.
                    (B) Exclusion.--The term ``sustainable aviation 
                fuel'' does not include any fuel that is made from 
                feedstock that includes palm oil, palm fatty acid 
                distillate, petroleum, or plastic.
    (b) Consumption of Fuel.--
            (1) In general.--For purposes of this Act, fuel may be 
        considered consumed if the fuel has been delivered directly to 
        an aircraft or to a public use airport fueling system, 
        including pipelines to a public use airport if there is no 
        prospect of the fuel being diverted or removed from that 
        airport fueling system before the point of use by an aircraft.
            (2) Assignment.--For purposes of assigning the consumption 
        of fuels to flights for the assessment of a surcharge under 
        this Act, an operator of a flight may enter into a binding, 
        exclusive agreement to transfer the assignment of fuel that is 
        consumed if the agreement meets such standards of transparency 
        and environmental integrity as determined appropriate by the 
        Administrator.

SEC. 4. SURCHARGE ON PRIVATE JET TRAVEL.

    (a) Reporting Requirement.--
            (1) In general.--Beginning on January 1, 2024, the operator 
        of each qualifying flight shall submit to the Administrator, 
        with respect to the qualifying flight, information on--
                    (A) the aircraft used;
                    (B) the flight path, including real flight time and 
                total distance traveled;
                    (C) the total quantity of fuels consumed; and
                    (D) the type or types of fuels consumed.
            (2) Requirement.--The information required under paragraph 
        (1) shall be submitted to the Administrator not later than 24 
        hours after the time at which the qualifying flight lands.
            (3) Publication.--The Administrator shall make the 
        information reported under paragraph (1) publicly available 
        online not later than 90 days after receiving the information.
    (b) Surcharge.--
            (1) Domestic flights.--
                    (A) In general.--Beginning on January 1, 2024, not 
                later than 7 days after the termination of a qualifying 
                flight that both originates from and terminates in the 
                United States, the Administrator shall assess on the 
                operator of the qualifying flight a surcharge with 
                respect to that qualifying flight in an amount 
                determined in accordance with subparagraph (B).
                    (B) Amount of surcharge.--
                            (i) In general.--The amount of a surcharge 
                        assessed under subparagraph (A) with respect to 
                        a qualifying flight that both originates from 
                        and terminates in the United States shall be 
                        the product obtained by multiplying--
                                    (I) the calculated greenhouse gas 
                                emissions of the fuel or mix of fuels 
                                consumed by the qualifying flight, as 
                                expressed in tons of carbon dioxide-
                                equivalent emissions per unit volume of 
                                fuel and determined by the 
                                Administrator;
                                    (II) the total quantity of fuels 
                                consumed; and
                                    (III) subject to clause (ii), $190.
                            (ii) Adjustment.--Beginning in calendar 
                        year 2025, the Administrator shall annually 
                        adjust the amount described in clause (i)(III) 
                        by the percentage that is equal to the sum 
                        obtained by adding--
                                    (I) the rate of inflation, as 
                                determined by the Administrator using 
                                the changes for the 12-month period 
                                ending the preceding November 30 in the 
                                Consumer Price Index for All Urban 
                                Consumers published by the Bureau of 
                                Labor Statistics of the Department of 
                                Labor; and
                                    (II) 10 percentage points.
            (2) International flights.--
                    (A) In general.--Beginning on January 1, 2024, not 
                later than 7 days after the termination of a qualifying 
                flight that either originates from or terminates in the 
                United States, the Administrator shall assess on the 
                operator of the qualifying flight a surcharge with 
                respect to that qualifying flight in an amount 
                determined in accordance with subparagraph (B).
                    (B) Amount of surcharge.--
                            (i) In general.--Subject to clause (ii), 
                        the amount of a surcharge assessed under 
                        subparagraph (A) shall be--
                                    (I) for a qualifying flight with a 
                                real flight time of not more than 2 
                                hours, $1,500;
                                    (II) for a qualifying flight with a 
                                real flight time of more than 2 hours 
                                but not more than 6 hours, $4,500;
                                    (III) for a qualifying flight with 
                                a real flight time of more than 6 hours 
                                but not more than 10 hours, $7,500; and
                                    (IV) for a qualifying flight with a 
                                real flight time of more than 10 hours, 
                                $10,000.
                            (ii) Adjustments.--
                                    (I) Inflation.--Beginning in 
                                calendar year 2025, the Administrator 
                                shall annually adjust the amounts 
                                described in clause (i) by the 
                                percentage that is equal to the sum 
                                obtained by adding--
                                            (aa) the rate of inflation, 
                                        as determined by the 
                                        Administrator using the changes 
                                        for the 12-month period ending 
                                        the preceding November 30 in 
                                        the Consumer Price Index for 
                                        All Urban Consumers published 
                                        by the Bureau of Labor 
                                        Statistics of the Department of 
                                        Labor; and
                                            (bb) 10 percentage points.
                                    (II) Additional adjustments.--After 
                                adjustments under subclause (I) the 
                                amount of the surcharge assessed under 
                                subparagraph (A) shall be additionally 
                                adjusted as follows:
                                            (aa) If the qualifying 
                                        flight is made using an 
                                        aircraft with a maximum takeoff 
                                        weight of more than 40,000 
                                        pounds, the amount of the 
                                        surcharge shall be doubled.
                                            (bb) If the qualifying 
                                        flight consumes sustainable 
                                        aviation fuel, the amount of 
                                        the surcharge shall be reduced 
                                        by a percentage equal to the 
                                        percentage reduction in the 
                                        calculated greenhouse gas 
                                        emissions achieved by the fuel 
                                        or mix of fuels consumed by the 
                                        qualifying flight, as compared 
                                        to traditional jet fuel.
            (3) Deadline.--A surcharge assessed under this subsection 
        shall be due and payable to the Administrator not later than 
        the date that is 30 days after the date on which the surcharge 
        was assessed.
            (4) Penalty.--If an operator fails to pay a surcharge 
        assessed under this subsection by the date described in 
        paragraph (3)--
                    (A) the Administrator shall inform the 
                Administrator of the Federal Aviation Administration of 
                the failure of the operator to pay the surcharge; and
                    (B) the Administrator of the Federal Aviation 
                Administration shall prohibit the operator from 
                operating within navigable airspace (as defined in 
                section 40102(a) of title 49, United States Code) until 
                the Administrator informs the Administrator of the 
                Federal Aviation Administration that all outstanding 
                surcharges assessed under this section have been paid.

SEC. 5. SURCHARGE ON FIRST AND BUSINESS CLASS TICKETS.

    (a) In General.--Beginning on January 1, 2024, the Administrator, 
in coordination with the Secretary of the Treasury, shall ensure that 
each operator selling a qualifying ticket assesses, at the time of 
purchase, a surcharge on each qualifying ticket in an amount determined 
under subsection (b), which amount shall be remitted to the 
Administrator.
    (b) Amount of Surcharge.--
            (1) In general.--Subject to paragraph (2), the amount of a 
        surcharge assessed under subsection (a) shall be--
                    (A) with respect to a qualifying ticket on a flight 
                with an estimated flight time of not more than 2 hours, 
                $75;
                    (B) with respect to a qualifying ticket on a flight 
                with an estimated flight time of more than 2 hours but 
                not more than 6 hours, $200; and
                    (C) with respect to a qualifying ticket on a flight 
                with an estimated flight time of more than 6 hours, 
                $600.
            (2) Adjustments.--
                    (A) Inflation.--Beginning in calendar year 2025, 
                the Administrator shall annually adjust the amounts 
                described in paragraph (1) by the percentage that is 
                equal to the sum obtained by adding--
                            (i) the rate of inflation, as determined by 
                        the Administrator using the changes for the 12-
                        month period ending the preceding November 30 
                        in the Consumer Price Index for All Urban 
                        Consumers published by the Bureau of Labor 
                        Statistics of the Department of Labor; and
                            (ii) 10 percentage points.
                    (B) Additional adjustments.--After adjustments 
                under subparagraph (A) the amount of a surcharge on a 
                qualifying ticket assessed under subsection (a) shall 
                be additionally adjusted as follows:
                            (i) If the operator of the flight for which 
                        the qualifying ticket is being purchased 
                        reasonably anticipates that the flight will be 
                        made using an aircraft that is in the top 10 
                        percent of aircraft in the United States (for 
                        narrow-body aircraft or wide-body aircraft, as 
                        applicable) for fuel efficiency, as measured 
                        using the certification procedures in Volume 
                        III of Annex 16 to the Convention on 
                        International Civil Aviation, the amount of the 
                        surcharge shall be reduced by 25 percent.
                            (ii) If the operator of the flight for 
                        which the qualifying ticket is being purchased 
                        reasonably anticipates that the flight will 
                        consume sustainable aviation fuel, the amount 
                        of the surcharge shall be reduced by a 
                        percentage equal to the percentage reduction in 
                        the calculated greenhouse gas emissions 
                        achieved by the fuel or mix of fuels 
                        anticipated to be consumed, as compared to 
                        traditional jet fuel.
                            (iii) If the operator of the flight for 
                        which the qualifying ticket is being purchased 
                        surrendered offset certificates to the 
                        Administrator pursuant to subsection (c) in the 
                        previous calendar year, the amount of the 
                        surcharge shall be reduced by the percentage 
                        determined under paragraphs (3) and (4) of that 
                        subsection.
    (c) Direct Air Capture.--
            (1) In general.--For purposes of determining the offset 
        credit described in subsection (b)(2)(B)(iii), an operator of 
        flights for which qualifying tickets are sold may surrender to 
        the Administrator certificates for greenhouse gas emissions 
        captured directly from the ambient air and disposed of in 
        secure geological storage in exchange for an offset credit in 
        accordance with this subsection.
            (2) Offset certificates.--The Administrator shall issue to 
        an operator of a flight for which qualifying tickets are sold 
        certificates for the total quantity of greenhouse gas 
        emissions, expressed in tons of carbon dioxide-equivalent, that 
        are captured directly from the ambient air and disposed of in 
        secure geological storage (in compliance with the regulations 
        required under section 45Q(f)(2) of the Internal Revenue Code 
        of 1986) by facilities that--
                    (A) are owned by the operator; or
                    (B) have entered into a binding, exclusive 
                agreement with the operator to capture and dispose of 
                in secure geological storage a specified quantity of 
                greenhouse gas emissions.
            (3) Amount of offset credit.--For purposes of subsection 
        (b)(2)(B)(iii), the total amount of the offset credit for any 
        year shall be equal to the percentage obtained by dividing--
                    (A) the quantity of certificates described in 
                paragraph (1) surrendered to the Administrator by the 
                operator during the previous calendar year; by
                    (B) the total net lifecycle greenhouse gas 
                emissions for the fuel or mix of fuels consumed by all 
                of the flights operated by the operator in the previous 
                calendar year as regularly scheduled flights subject to 
                part 121 of title 14, Code of Federal Regulations (or 
                successor regulations).
            (4) Limitation.--
                    (A) Calendar years 2025 through 2049.--The quantity 
                determined under paragraph (3) may not exceed--
                            (i) for calendar year 2025, the percentage 
                        determined under paragraph (3) shall not exceed 
                        50 percent; and
                            (ii) for each of calendar years 2026 
                        through 2049, the percentage determined under 
                        paragraph (3) shall not exceed a maximum 
                        percentage that is 2 percentage points lower 
                        than the maximum percentage for the previous 
                        calendar year.
                    (B) Calendar year 2050 and thereafter.--Beginning 
                in calendar year 2050, and in each calendar year 
                thereafter, no certificates under this subsection may 
                be surrendered to the Administrator for purposes of 
                determining the amount of the adjustment under 
                subsection (b)(2)(B)(iii).
            (5) Expiration of certificates.--A certificate issued by 
        the Administrator under this subsection shall expire 1 year 
        after the date of issuance.
            (6) Additionality.--By not later than January 1, 2024, the 
        Administrator shall promulgate regulations to ensure that any 
        certificates issued under this subsection are for greenhouse 
        gas emissions that--
                    (A) are captured directly from the ambient air and 
                disposed of in secure geological storage; and
                    (B) would not have otherwise been captured directly 
                from the ambient air and disposed of in secure 
                geological storage but for the offset credit described 
                in subsection (b)(2)(B)(iii).
    (d) Reconciliation of Payments Due.--
            (1) Definition of actual surcharge amount.--In this 
        subsection, the term ``actual surcharge amount'', with respect 
        to a flight for which a surcharge under subsection (a) was 
        assessed for 1 or more qualifying tickets, means the product 
        obtained by multiplying--
                    (A) the actual quantity of qualifying tickets sold 
                for the flight; and
                    (B) the amount of the surcharge for a qualifying 
                ticket for that flight, as determined in accordance 
                with this section using--
                            (i) the estimated flight time for the 
                        flight;
                            (ii) the actual model of the aircraft used 
                        for the flight; and
                            (iii) the calculated lifecycle greenhouse 
                        gas emissions of the fuel or mix of fuels 
                        consumed during the flight.
            (2) Determination.--After the termination of a flight for 
        which a surcharge under subsection (a) was assessed on 1 or 
        more qualifying tickets, the operator of the flight shall 
        determine the actual surcharge amount for the flight.
            (3) Reporting and remittance.--If the actual surcharge 
        amount for a flight differs from the total of the surcharges 
        assessed for all qualifying tickets for that flight, the 
        operator of the flight shall--
                    (A) not later than 7 days after the termination of 
                the flight, submit to the Administrator a report 
                containing an itemized statement describing the 
                discrepancy; and
                    (B) if the actual surcharge amount for the flight 
                is greater than the total of the surcharges assessed 
                for all qualifying tickets for that flight, remit to 
                the Administrator, not later than 30 days after the 
                date on which the operator submits to the Administrator 
                the report required under subparagraph (A), an amount 
                equal to the difference between--
                            (i) the actual surcharge amount for the 
                        flight; and
                            (ii) the total of the surcharges assessed 
                        for all qualifying tickets for the flight.

SEC. 6. INVESTING IN DECARBONIZATION AND INFRASTRUCTURE.

    (a) Administration of Surcharges.--For fiscal year 2026 and each 
fiscal year thereafter, there are appropriated, out of any funds in the 
Treasury not otherwise appropriated, to the Environmental Protection 
Agency an amount equal to 2 percent of the amounts collected pursuant 
to surcharges assessed under sections 4(b) and 5 during the previous 
calendar year to support the administration of the reporting program 
under section 4(a) and the assessment of surcharges under sections 4(b) 
and 5.
    (b) Clean Airports Program.--
            (1) Definitions.--In this subsection:
                    (A) Air pollutant.--The term ``air pollutant'' 
                means any air pollutant that is listed pursuant to 
                section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) 
                and any precursor to such an air pollutant.
                    (B) Zero-emission airport equipment or 
                technology.--The term ``zero-emission airport equipment 
                or technology'' means human-equipment or human-
                maintained technology at an airport that produces zero 
                emissions of any air pollutant and any greenhouse gas.
            (2) Establishment.--For fiscal year 2026 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Environmental 
        Protection Agency an amount equal to 25 percent of the amounts 
        collected pursuant to surcharges assessed under sections 4(b) 
        and 5 during the previous calendar year to award rebates and 
        grants to eligible recipients on a competitive basis--
                    (A) to purchase or install zero-emission airport 
                equipment or technology for use at 1 or more airports;
                    (B) to finance airport infrastructure improvement 
                projects that would reduce the emission of air 
                pollutants and greenhouse gases related to the 
                operations of the airport; and
                    (C) to conduct any relevant planning or permitting 
                in connection with the purchase or installation of 
                zero-emission airport equipment or technology.
            (3) Eligible entities.--An entity eligible to receive an 
        award under the program established under paragraph (2) is--
                    (A) a State (including the District of Columbia and 
                territories of the United States), regional, local, or 
                Tribal agency that has jurisdiction over an airport;
                    (B) an airport authority; and
                    (C) a private entity that--
                            (i) applies for an award under this 
                        subsection in partnership with an entity 
                        described in subparagraph (A) or (B); and
                            (ii) owns, operates, or uses airport 
                        equipment or technology.
            (4) Selection.--
                    (A) Application.--An eligible entity seeking an 
                award under the program established under paragraph (2) 
                shall submit to the Administrator an application at 
                such time, in such manner, and containing such 
                information as the Administrator may require.
                    (B) Priority.--In selecting the recipients of 
                awards under the program established under paragraph 
                (2), the Administrator shall give priority to projects 
                that would--
                            (i) maximize the reduction of greenhouse 
                        gas emissions;
                            (ii) maximize the public health benefits 
                        from the reduction of air pollutants;
                            (iii) maximize public health and 
                        environmental benefits from every dollar spent 
                        under the program; and
                            (iv) alleviate air pollution in poor air 
                        quality areas, including--
                                    (I) areas identified by the 
                                Administrator as in nonattainment or 
                                maintenance of national ambient air 
                                quality standards promulgated under 
                                section 109 of the Clean Air Act (42 
                                U.S.C. 7409) for criteria air 
                                pollutants; and
                                    (II) other areas that receive a 
                                disproportionate quantity of air 
                                pollution, as determined by the 
                                Administrator.
    (c) Determining the Effects of Aviation on Air Quality and the 
Environment.--
            (1) Establishment.--For fiscal year 2026 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Environmental 
        Protection Agency an amount equal to 3 percent of the amounts 
        collected pursuant to surcharges assessed under sections 4(b) 
        and 5 during the previous calendar year--
                    (A) to conduct a study to determine strategies for 
                reducing the impact of the aviation industry on air 
                quality and the environment; and
                    (B) to promulgate regulations to mitigate the 
                impacts described in subparagraph (A).
            (2) Study.--
                    (A) In general.--Not later than January 1, 2030, 
                and not later than January 1 every 5 years thereafter, 
                the Administrator shall carry out, and make a report 
                publicly available describing the results of, a study 
                to determine strategies for reducing the impact of the 
                aviation industry on air quality and the environment.
                    (B) Considerations.--The study required under 
                subparagraph (A) shall include consideration of--
                            (i) the technological requirements for 
                        achieving net zero greenhouse gas emissions 
                        across the aviation sector by 2050;
                            (ii) the impacts of the production of 
                        biofuels on land use and on other sectors 
                        competing for the use of agricultural land; and
                            (iii) the disproportionate impact of 
                        pollution from the aviation industry on the 
                        communities surrounding airports and along 
                        high-traffic air corridors.
            (3) Regulations.--Not later than 3 years after the date on 
        which the Administrator completes a study under paragraph (2), 
        the Administrator shall--
                    (A) promulgate regulations to implement appropriate 
                measures to mitigate, to the greatest extent achievable 
                considering the results of the study carried out under 
                paragraph (2)(A), any adverse impacts on air quality or 
                the environment from the aviation industry; or
                    (B) make a determination that no regulations 
                described in subparagraph (A) are necessary.
    (d) Ensuring Solvency of the Highway Trust Fund.--For fiscal year 
2026 and each fiscal year thereafter, there are appropriated, out of 
any funds in the Treasury not otherwise appropriated, to the Highway 
Trust Fund an amount equal to 15 percent of the amounts collected 
pursuant to surcharges assessed under sections 4(b) and 5 during the 
previous calendar year.
    (e) Environmental and Climate Justice Block Grants.--For fiscal 
year 2026 and each fiscal year thereafter, there are appropriated, out 
of any funds in the Treasury not otherwise appropriated, to the 
Environmental Protection Agency an amount equal to 15 percent of the 
amounts collected pursuant to surcharges assessed under sections 4(b) 
and 5 during the previous calendar year to make environmental and 
climate justice block grants in accordance with section 138 of the 
Clean Air Act (42 U.S.C. 7438).
    (f) Expanding the Bioenergy Technologies Office.--For fiscal year 
2026 and each fiscal year thereafter, there are appropriated, out of 
any funds in the Treasury not otherwise appropriated, to the Department 
of Energy an amount equal to 30 percent of the amounts collected 
pursuant to surcharges assessed under sections 4(b) and 5 during the 
previous calendar year to support the research, development, and 
demonstration of sustainable aviation fuel and underlying technologies 
at the Bioenergy Technologies Office.
    (g) Supporting FAA Airport Infrastructure Grants.--For fiscal year 
2026 and each fiscal year thereafter, there are appropriated, out of 
any funds in the Treasury not otherwise appropriated, to the Federal 
Aviation Administration an amount equal to 5 percent of the amounts 
collected pursuant to surcharges assessed under sections 4(b) and 5 
during the previous calendar year to carry out the program described 
under the heading ``airport infrastructure grants'' under the heading 
``Federal Aviation Administration'' in title VIII of division J of the 
Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat. 
1416).
    (h) Supporting the FAA Ascent Program.--For fiscal year 2026 and 
each fiscal year thereafter, there are appropriated, out of any funds 
in the Treasury not otherwise appropriated, to the Federal Aviation 
Administration an amount equal to 5 percent of the amounts collected 
pursuant to surcharges assessed under sections 4(b) and 5 during the 
previous calendar year to operate the Center of Excellence for 
Alternative Jet Fuels and Environment.
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