text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Airport and Airway Trust Fund 
  Financing Act of 2007''.
  
  SEC. 2. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY 
                TRUST FUND.
  
      (a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.--
              (1) Aviation-grade kerosene.--Subparagraph (A) of section 
          4081(a)(2) of the Internal Revenue Code of 1986 (relating to 
          rates of tax) is amended by striking ``and'' at the end of 
          clause (ii), by striking the period at the end of clause (iii) 
          and inserting ``, and'', and by adding at the end the following 
          new clause:
                              ``(iv) in the case of aviation-grade 
                          kerosene, 35.9 cents per gallon.''.
              (2) Aviation gasoline.--Clause (ii) of section 
          4081(a)(2)(A) of such Code is amended by striking ``19.3 
          cents'' and inserting ``24.1 cents''.
              (3) Fuel removed directly into fuel tank of airplane used 
          in noncommercial aviation.--Subparagraph (C) of section 
          4081(a)(2) of such Code is amended to read as follows:
                      ``(C) Taxes imposed on fuel used in commercial 
                  aviation.--In the case of aviation-grade kerosene which 
                  is removed from any refinery or terminal directly into 
                  the fuel tank of an aircraft for use in commercial 
                  aviation by a person registered for such use under 
                  section 4101, the rate of tax under subparagraph 
                  (A)(iv) shall be 4.3 cents per gallon.''.
              (4) Conforming amendments.--
                      (A) Clause (iii) of section 4081(a)(2)(A) of such 
                  Code is amended by inserting ``other than aviation-
                  grade kerosene'' after ``kerosene''.
                      (B) The following provisions of such Code are each 
                  amended by striking ``kerosene'' and inserting 
                  ``aviation-grade kerosene'':
                              (i) Section 4081(a)(3)(A)(ii).
                              (ii) Section 4081(a)(3)(A)(iv).
                              (iii) Section 4081(a)(3)(D).
                      (C) Section 4081(a)(3)(D) of such Code is amended--
                              (i) by striking ``paragraph (2)(C)(i)'' in 
                          clause (i) and inserting ``paragraph (2)(C)'', 
                          and
                              (ii) by striking ``paragraph (2)(C)(ii)'' 
                          in clause (ii) and inserting ``paragraph 
                          (2)(A)(iv)''.
                      (D) Section 4081(a)(4) of such Code is amended in 
                  the heading by striking ``kerosene'' and inserting 
                  ``aviation-grade kerosene''.
                      (E) Section 4081(d)(2) of such Code is amended by 
                  inserting ``, (a)(2)(A)(iv),'' after ``subsections 
                  (a)(2)(A)(ii)''.
      (b) Extension.--
              (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such 
          Code is amended by striking ``gallon--'' and all that follows 
          and inserting ``gallon after September 30, 2011''.
              (2) Taxes on transportation of persons and property.--
                      (A) Persons.--Clause (ii) of section 4261(j)(1)(A) 
                  of such Code is amended by striking ``September 30, 
                  2007'' and inserting ``September 30, 2011''.
                      (B) Property.--Clause (ii) of section 4271(d)(1)(A) 
                  of such Code is amended by striking ``September 30, 
                  2007'' and inserting ``September 30, 2011''.
      (c) Exemption for Aviation-Grade Kerosene Removed Into an 
  Aircraft.--Subsection (e) of section 4082 of such Code is amended--
              (1) by striking ``kerosene'' and inserting ``aviation-grade 
          kerosene'',
              (2) by striking ``section 4081(a)(2)(A)(iii)'' and 
          inserting ``section 4081(a)(2)(A)(iv)'', and
              (3) by striking ``Kerosene'' in the heading and inserting 
          ``Aviation-Grade Kerosene''.
      (d) Retail Tax on Aviation Fuel.--
              (1) Exemption for previously taxed fuel.--Paragraph (2) of 
          section 4041(c) of such Code is amended by inserting ``at the 
          rate specified in subsection (a)(2)(A)(iv) thereof'' after 
          ``section 4081''.
              (2) Rate of tax.--Paragraph (3) of section 4041(c) of such 
          Code is amended to read as follows:
              ``(3) Rate of tax.--The rate of tax imposed by this 
          subsection shall be the rate of tax in effect under section 
          4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any 
          sale or use for commercial aviation).''.
      (e) Refunds Relating to Aviation-Grade Kerosene.--
              (1) Kerosene used in commercial aviation.--Clause (ii) of 
          section 6427(l)(4)(A) of such Code is amended by striking 
          ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the 
          case may be,'' and inserting ``so imposed''.
              (2) Kerosene used in aviation.--Paragraph (4) of section 
          6427(l) of such Code is amended--
                      (A) by striking subparagraph (B) and redesignating 
                  subparagraph (C) as subparagraph (B), and
                      (B) by amending subparagraph (B), as redesignated 
                  by subparagraph (A), to read as follows:
                      ``(B) Payments to ultimate, registered vendor.--
                  With respect to any kerosene used in aviation (other 
                  than kerosene to which paragraph (6) applies), if the 
                  ultimate purchaser of such kerosene waives (at such 
                  time and in such form and manner as the Secretary shall 
                  prescribe) the right to payment under paragraph (1) and 
                  assigns such right to the ultimate vendor, then the 
                  Secretary shall pay (without interest) the amount which 
                  would be paid under paragraph (1) to such ultimate 
                  vendor, but only if such ultimate vendor--
                              ``(i) is registered under section 4101, and
                              ``(ii) meets the requirements of 
                          subparagraph (A), (B), or (D) of section 
                          6416(a)(1).''.
              (3) Aviation-grade kerosene not used in aviation.--
          Subsection (l) of section 6427 of such Code is amended by 
          redesignating paragraph (5) as paragraph (6) and by inserting 
          after paragraph (4) the following new paragraph:
              ``(5) Refunds for aviation-grade kerosene not used in 
          aviation.--If tax has been imposed under section 4081 at the 
          rate specified in section 4081(a)(2)(A)(iv) and the fuel is 
          used other than in an aircraft, the Secretary shall pay 
          (without interest) to the ultimate purchaser of such fuel an 
          amount equal to the amount of tax imposed on such fuel reduced 
          by the amount of tax that would be imposed under section 4041 
          if no tax under section 4081 had been imposed.''.
              (4) Conforming amendments.--
                      (A) Section 6427(i)(4) of such Code is amended--
                              (i) by striking ``(4)(C)'' the first two 
                          places it occurs and inserting ``(4)(B)'', and
                              (ii) by striking ``, (l)(4)(C)(ii), and'' 
                          and inserting ``and''.
                      (B) Section 4082(d)(2)(B) of such Code is amended 
                  by striking ``6427(l)(5)(B)'' and inserting 
                  ``6427(l)(6)(B)''.
      (f) Airport and Airway Trust Fund.--
              (1) Extension of trust fund authorities.--
                      (A) Expenditures from trust fund.--Paragraph (1) of 
                  section 9502(d) of such Code is amended--
                              (i) in the matter preceding subparagraph 
                          (A) by striking ``October 1, 2007'' and 
                          inserting ``October 1, 2011'', and
                              (ii) in subparagraph (A) by inserting ``or 
                          the FAA Reauthorization Act of 2007'' before 
                          the semicolon at the end.
                      (B) Limitation on transfers to trust fund.--
                  Paragraph (2) of section 9502(f) of such Code is 
                  amended by striking ``October 1, 2007'' and inserting 
                  ``October 1, 2011''.
              (2) Transfers to trust fund.--Subparagraph (C) of section 
          9502(b)(1) of such Code is amended to read as follows:
                      ``(C) section 4081 with respect to aviation 
                  gasoline and aviation-grade kerosene, and''.
              (3) Transfers on account of certain refunds.--
                      (A) In general.--Subsection (d) of section 9502 of 
                  such Code is amended--
                              (i) in paragraph (2) by striking ``(other 
                          than subsection (l)(4) thereof)'', and
                              (ii) in paragraph (3) by striking ``(other 
                          than payments made by reason of paragraph (4) 
                          of section 6427(l))''.
                      (B) Conforming amendments.--
                              (i) Section 9503(b)(4) of such Code is 
                          amended by striking ``or'' at the end of 
                          subparagraph (C), by striking the period at the 
                          end of subparagraph (D) and inserting a comma, 
                          and by inserting after subparagraph (D) the 
                          following:
                      ``(E) section 4081 to the extent attributable to 
                  the rate specified in clause (ii) or (iv) of section 
                  4081(a)(2)(A), or
                      ``(F) section 4041(c).''.
                              (ii) Section 9503(c) of such Code is 
                          amended by striking the last paragraph 
                          (relating to transfers from the Trust Fund for 
                          certain aviation fuel taxes).
                              (iii) Section 9502(a) of such Code is 
                          amended by striking ``, section 9503(c)(7),''.
              (4) Transfers on account of aviation-grade kerosene not 
          used in aviation.--Section 9502(d) of such Code is amended by 
          adding at the end the following new paragraph:
              ``(7) Transfers from airport and airway trust fund on 
          account of aviation-grade kerosene not used in aviation.--The 
          Secretary of the Treasury shall pay from time to time from the 
          Airport and Airway Trust Fund into the Highway Trust Fund 
          amounts as determined by the Secretary of the Treasury 
          equivalent to amounts transferred to the Airport and Airway 
          Trust Fund with respect to aviation-grade kerosene not used in 
          aviation.''.
              (5) Expenditures for air traffic control modernization.--
          Section 9502(d) of such Code, as amended by this Act, is 
          amended by adding at the end the following new paragraph:
              ``(8) Expenditures for air traffic control modernization.--
          The following amounts may be used only for making expenditures 
          to carry out air traffic control modernization:
                      ``(A) So much of the amounts appropriated under 
                  subsection (b)(1)(C) as the Secretary estimates are 
                  attributable to--
                              ``(i) 14.1 cents per gallon of the tax 
                          imposed at the rate specified in section 
                          4081(a)(2)(A)(iv) in the case of aviation-grade 
                          kerosene used other than in commercial aviation 
                          (as defined in section 4083(b)), and
                              ``(ii) 4.8 cents per gallon of the tax 
                          imposed at the rate specified in section 
                          4081(a)(2)(A)(ii) in the case of aviation 
                          gasoline used other than in commercial aviation 
                          (as so defined).
                      ``(B) Any amounts credited to the Airport and 
                  Airway Trust Fund under section 9602(b) with respect to 
                  amounts described in this paragraph.''.
      (g) Effective Date.--
              (1) Modifications.--Except as provided in paragraph (2), 
          the amendments made by this section shall apply to fuels 
          removed, entered, or sold after December 31, 2007.
              (2) Extensions.--The amendments made by subsections (b) and 
          (f)(1) shall take effect on the date of the enactment of this 
          Act.
      (h) Floor Stocks Tax.--
              (1) Imposition of tax.--In the case of aviation fuel which 
          is held on January 1, 2008, by any person, there is hereby 
          imposed a floor stocks tax on aviation fuel equal to--
                      (A) the tax which would have been imposed before 
                  such date on such fuel had the amendments made by this 
                  section been in effect at all times before such date, 
                  reduced by
                      (B) the sum of--
                              (i) the tax imposed before such date on 
                          such fuel under section 4081 of the Internal 
                          Revenue Code of 1986, as in effect on such 
                          date, and
                              (ii) in the case of kerosene held 
                          exclusively for such person's own use, the 
                          amount which such person would (but for this 
                          clause) reasonably expect (as of such date) to 
                          be paid as a refund under section 6427(l) of 
                          such Code with respect to such kerosene.
              (2) Liability for tax and method of payment.--
                      (A) Liability for tax.--A person holding aviation 
                  fuel on January 1, 2008, shall be liable for such tax.
                      (B) Time and method of payment.--The tax imposed by 
                  paragraph (1) shall be paid on April 30, 2008, and in 
                  such manner as the Secretary of the Treasury shall 
                  prescribe.
              (3) Transfer of floor stock tax revenues to trust funds.--
          For purposes of determining the amount transferred to the 
          Airport and Airway Trust Fund, the tax imposed by this 
          subsection shall be treated as imposed by the provision of 
          section 4081 of the Internal Revenue Code of 1986 which applies 
          with respect to the aviation fuel involved.
              (4) Definitions.--For purposes of this subsection--
                      (A) Aviation fuel.--The term ``aviation fuel'' 
                  means aviation-grade kerosene and aviation gasoline, as 
                  such terms are used within the meaning of section 4081 
                  of the Internal Revenue Code of 1986.
                      (B) Held by a person.--Aviation fuel shall be 
                  considered as held by a person if title thereto has 
                  passed to such person (whether or not delivery to the 
                  person has been made).
                      (C) Secretary.--The term ``Secretary'' means the 
                  Secretary of the Treasury or the Secretary's delegate.
              (5) Exception for exempt uses.--The tax imposed by 
          paragraph (1) shall not apply to any aviation fuel held by any 
          person exclusively for any use to the extent a credit or refund 
          of the tax is allowable under the Internal Revenue Code of 1986 
          for such use.
              (6) Exception for certain amounts of fuel.--
                      (A) In general.--No tax shall be imposed by 
                  paragraph (1) on any aviation fuel held on January 1, 
                  2008, by any person if the aggregate amount of such 
                  aviation fuel held by such person on such date does not 
                  exceed 2,000 gallons. The preceding sentence shall 
                  apply only if such person submits to the Secretary (at 
                  the time and in the manner required by the Secretary) 
                  such information as the Secretary shall require for 
                  purposes of this subparagraph.
                      (B) Exempt fuel.--For purposes of subparagraph (A), 
                  there shall not be taken into account any aviation fuel 
                  held by any person which is exempt from the tax imposed 
                  by paragraph (1) by reason of paragraph (6).
                      (C) Controlled groups.--For purposes of this 
                  subsection--
                              (i) Corporations.--
                                      (I) In general.--All persons 
                                  treated as a controlled group shall be 
                                  treated as 1 person.
                                      (II) Controlled group.--The term 
                                  ``controlled group'' has the meaning 
                                  given to such term by subsection (a) of 
                                  section 1563 of such Code; except that 
                                  for such purposes the phrase ``more 
                                  than 50 percent'' shall be substituted 
                                  for the phrase ``at least 80 percent'' 
                                  each place it appears in such 
                                  subsection.
                              (ii) Nonincorporated persons under common 
                          control.--Under regulations prescribed by the 
                          Secretary, principles similar to the principles 
                          of subparagraph (A) shall apply to a group of 
                          persons under common control if 1 or more of 
                          such persons is not a corporation.
              (7) Other laws applicable.--All provisions of law, 
          including penalties, applicable with respect to the taxes 
          imposed by section 4081 of such Code on the aviation fuel 
          involved shall, insofar as applicable and not inconsistent with 
          the provisions of this subsection, apply with respect to the 
          floor stock taxes imposed by paragraph (1) to the same extent 
          as if such taxes were imposed by such section.
target: Airport and Airway Trust Fund Financing Act of 2007 - Amends the Internal Revenue Code to (1) impose an excise tax on aviation-grade kerosene of 35.9 cents per gallon (4.3 cents per gallon for commercial aviation uses); (2) increase to 24.1 cents per gallon the tax rate for aviation gasoline; and (3) extend through FY2011 the excise tax on the transportation by air of persons and property and the excise tax on aviation gasoline and aviation-grade kerosene.
  
  Extends through FY2011 the expenditure authority for the Airport and Airway Trust Fund.
  
  Dedicates revenues from the taxes imposed on aviation gasoline and aviation-grade kerosene to carry out air traffic control modernization.
feat_title: To amend the Internal Revenue Code of 1986 to extend financing for the Airport and Airway Trust Fund, and for other purposes.