[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1618 Placed on Calendar Senate (PCS)]
Calendar No. 282
108th CONGRESS
1st Session
S. 1618
To reauthorize Federal Aviation Administration Programs for the period
beginning on October 1, 2003, and ending on March 31, 2004, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 16, 2003
Mr. Rockefeller (for himself, Mr. Hollings, Mr. Lautenberg, and Mr.
Nelson of Florida) introduced the following bill; which was read the
first time
September 17, 2003
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To reauthorize Federal Aviation Administration Programs for the period
beginning on October 1, 2003, and ending on March 31, 2004, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Temporary Federal
Aviation Administration Reauthorization Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Federal Aviation Administration operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Agreements for operation of airport facilities.
Sec. 106. Flexible funding for nonprimary airport apportionments.
Subtitle B--AIP Modifications
Sec. 121. Apportionments to primary airports.
Sec. 122. Temporary increase in government share of certain aip project
costs.
Subtitle C--Miscellaneous
Sec. 141. Midway Island airport.
Sec. 142. Marshall Islands, Micronesia, and Palau.
Title II--AIRLINE SERVICE IMPROVEMENTS
Sec. 201. Essential air service authorization.
Sec. 202. Small community air service.
Sec. 203. Hold harmless provision for essential air service.
Title III--AVIATION SECURITY
Sec. 301. Crew training.
Sec. 302. CAPPS2.
Sec. 303. Report on passenger prescreening program.
Sec. 304. Flight training.
Sec. 305. Prohibition on air traffic control privatization.
Title IV--AVIATION RESEARCH
Sec. 401. Authorization of appropriations.
Title V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 501. Extension of expenditure authority.
Sec. 502. Technical correction to flight segment.D23/
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. APPLICABILITY.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years beginning
after September 30, 2003.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended--
(1) by striking ``September 30, 1998,'' and inserting
``September 30, 2003,''; and
(2) by striking ``shall be--'' and all that follows through
``Such'' and inserting ``$1,700,000,000 for the period
beginning on October 1, 2003, and ending on March 31, 2004.
Such''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``September 30, 2003,'' and inserting ``September 30, 2004,''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101 is amended--
(1) in subsection (a) by striking ``title:'' and all that
follows and inserting ``title $1,569,000,000 for the period
beginning on October 1, 2003, and ending on March 31, 2004,.'';
and
(2) by striking subsections (b), (d), and (e) and
redesignating subsection (c) as subsection (b).
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) In General.--Section 106(k)(1) is amended to read as follows:
``(1) Salaries, operations, and maintenance.--There is
authorized to be appropriated to the Secretary of
Transportation for salaries, operations, and maintenance of the
Administration $3,795,500,000 for the period beginning on
October 1, 2003, and ending on March 31, 2004. Such sums shall
remain available until expended.''.
(b) Authorized Expenditures.--Section 106(k)(2) is amended--
(1) by striking subparagraphs (A) and (B) and subparagraphs
(F) through (I);
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (A), (B), and (C), respectively;
(3) in subparagraphs (A), (B), and (C) (as so redesignated)
by striking ``fiscal years 2000 through 2003'' and inserting
``the period beginning on October 1, 2003, and ending on March
31, 2004,''; and
(c) Airline Data and Analysis.--There is authorized to be
appropriated to the Secretary of Transportation, out of the Airport and
Airway Trust Fund established by section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502), $1,895,500 for the period beginning on
October 1, 2003, and ending on March 31, 2004, to gather aviation data
and conduct analyses of such data in the Bureau of Transportation
Statistics of the Department of Transportation.
SEC. 104. FUNDING FOR AVIATION PROGRAMS.
(a) In General.--Chapter 481 is amended by adding at the end the
following:
``Sec. 48114. Funding for aviation programs
``(a) Authorization of Appropriations.--
``(1) Airport and airway trust fund guarantee.--
``(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund for
the period beginning on October 1, 2003, and ending on
March 31, 2004, pursuant to sections 48101, 48102,
48103, and 106(k) of title 49, United States Code,
shall be equal to the level of receipts plus interest
credited to the Airport and Airway Trust Fund for that
fiscal year. Such amounts may be used only for aviation
investment programs listed in subsection (b).
``(B) Guarantee.--No funds may be appropriated or
limited for aviation investment programs listed in
subsection (b) unless the amount described in
subparagraph (A) has been provided.
``(2) Additional authorizations of appropriations from the
general fund.--In the period beginning on October 1, 2003, and
ending on March 31, 2004, if the amount described in paragraph
(1) is appropriated, there is further authorized to be
appropriated from the general fund of the Treasury such sums as
may be necessary for the Federal Aviation Administration
Operations account.
``(b) Definitions.--In this section:
``(1) Total budget resources.--The term `total budget
resources' means the total amount made available from the
Airport and Airway Trust Fund for the sum of obligation
limitations and budget authority made available for a fiscal
year for the following budget accounts that are subject to the
obligation limitation on contract authority provided in this
Act and for which appropriations are provided pursuant to
authorizations contained in this Act:
``(A) 69-8106-0-7-402 (Grants in Aid for Airports).
``(B) 69-8107-0-7-402 (Facilities and Equipment).
``(C) 69-8108-0-7-402 (Research and Development).
``(D) 69-8104-0-7-402 (Trust Fund Share of
Operations).
``(2) Level of receipts plus interest.--The term `level of
receipts plus interest' means the level of excise taxes and
interest credited to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 for a fiscal
year as set forth in the President's budget baseline projection
as defined in section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177) (Treasury
identification code 20-8103-0-7-402) for that fiscal year
submitted pursuant to section 1105 of title 31, United States
Code.
``(c) Enforcement of Guarantees.--
``(1) Total airport and airway trust fund funding.--It
shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment,
motion, or conference report that would cause total budget
resources in a fiscal year for aviation investment programs
described in subsection (b) to be less than the amount required
by subsection (a)(1)(A) for such fiscal year.
``(2) Capital priority.--It shall not be in order in the
House of Representatives or the Senate to consider any bill,
joint resolution, amendment, motion, or conference report that
provides an appropriation (or any amendment thereto) for fiscal
year 2004 for Research and Development or Operations if the sum
of the obligation limitation for Grants-in-Aid for Airports and
the appropriation for Facilities and Equipment for such fiscal
year is below the sum of the authorized levels for Grants-in-
Aid for Airports and for Facilities and Equipment for such
fiscal year.''.
(b) Conforming Amendment.--The analysis for chapter 481 is amended
by adding at the end the following:
``48114. Funding for aviation programs.''.
(c) Repeal.--Section 106 of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century (49 U.S.C. 48101 note) is repealed.
SEC. 105. AGREEMENTS FOR OPERATION OF AIRPORT FACILITIES.
Section 47124 is amended--
(1) in (b)(3) by--
(A) in the paragraph heading by striking ``pilot'';
(B) by striking ``pilot'' each place it appears;
and
(C) in subparagraph (E) by striking ``$6,000,000
per fiscal year'' and inserting ``$3,250,000 for the
period beginning on October 1, 2003, and ending on
March 31, 2004,''; and
(2) in subsection (b)(4)(C) by striking ``$1,100,000.'' and
inserting ``$1,500,000.''.
SEC. 106. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPORTIONMENTS.
(a) Project Grant Agreements.--Section 47108(a) is amended by
inserting ``or 47114(d)(3)(A)'' after ``under section 47114(c)''.
(b) Allowable Project Costs.--Section 47110 is amended--
(1) in subsection (b)(2)(C) by striking ``of this title''
and inserting ``or section 47114(d)(3)(A)'';
(2) in subsection (g)--
(A) by inserting ``or section 47114(d)(3)(A)''
after ``of section 47114(c)''; and
(B) by striking ``of project'' and inserting ``of
the project''; and
(3) by adding at the end the following:
``(h) Nonprimary Airports.--The Secretary may decide that the costs
of revenue producing aeronautical support facilities, including fuel
farms and hangars, are allowable for an airport development project at
a nonprimary airport if the Government's share of such costs is paid
only with funds apportioned to the airport sponsor under section
47114(d)(3)(A) and if the Secretary determines that the sponsor has
made adequate provision for financing airside needs of the airport.''.
(c) Waiver.--Section 47117(c)(2) is amended to read as follows:
``(2) Waiver.--A sponsor of an airport may make an
agreement with the Secretary of Transportation waiving the
sponsor's claim to any part of the amount apportioned for the
airport under sections 47114(c) and 47114(d)(3)(A) if the
Secretary agrees to make the waived amount available for a
grant for another public-use airport in the same State or
geographical area as the airport, as determined by the
Secretary.''.
(d) Terminal Development Costs.--Section 47119(b) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) to a sponsor of a nonprimary airport, any part of
amounts apportioned to the sponsor for the fiscal year under
section 47114(d)(3)(A) for project costs allowable under
section 47110(d).''.
Subtitle B--AIP Modifications
SEC. 121. APPORTIONMENTS TO PRIMARY AIRPORTS.
(a) In General.--Section 47114(c)(1) is amended by adding at the
end the following:
``(F) Special rule for fiscal year 2004.--
Notwithstanding subparagraph (A) and the absence of
scheduled passenger aircraft service at an airport, the
Secretary may apportion in the period beginning on
October 1, 2003, and ending on March 31, 2004, to the
sponsor of the airport an amount equal to the amount
apportioned to that sponsor in fiscal year 2002 or
2003, whichever amount is greater, if the Secretary
finds that--
``(i) the passenger boardings at the
airport were below 10,000 in calendar year 2002
or 2003;
``(ii) the airport had at least 10,000
passenger boardings and scheduled passenger
aircraft service in either calendar year 2000
or 2001; and
``(iii) the reason that passenger boardings
described in clause (i) were below 10,000 was
the decrease in passengers following the
terrorist attacks of September 11, 2001.''.
(b) Special Rule for Transitioning Airports.--Section 47114(f)(3)
is amended--
(1) in the paragraph heading by striking ``airorts'' and
inserting ``airports''; and
(2) in subparagraph (B) by striking ``fiscal years 2000
through 2003'' and inserting ``fiscal year 2004''.
SEC. 122. TEMPORARY INCREASE IN GOVERNMENT SHARE OF CERTAIN AIP PROJECT
COSTS.
Notwithstanding section 47109(a) of title 49, United States Code,
the Government's share of allowable project costs for a grant made in
the period beginning on October 1, 2003, and ending on March 31, 2004,
under chapter 471 of that title for a project described in paragraph
(2) or (3) of that section shall be 95 percent.
Subtitle C--Miscellaneous
SEC. 141. MIDWAY ISLAND AIRPORT.
(a) Funding to Secretary of the Interior for Midway Island
Airport.--The Secretary of Transportation may enter into a reimbursable
agreement with the Secretary of the Interior for the purpose of funding
airport development, as defined in section 47102(3) of title 49, United
States Code, at Midway Island Airport for the period beginning on
October 1, 2003, and ending on March 31, 2004, from amounts available
in the discretionary fund established by section 47115 of such title.
The maximum obligation under the agreement for any such fiscal year
shall be $2,500,000.
SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115 is amended by adding at the end the following:
``(j) Marshall Islands, Micronesia, and Palau.--For the period
beginning on October 1, 2003, and ending on March 31, 2004, the
sponsors of airports located in the Republic of the Marshall Islands,
Federated States of Micronesia, and Republic of Palau shall be eligible
for grants under this section and section 47116.''.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
SEC. 201. ESSENTIAL AIR SERVICE AUTHORIZATION.
Section 41742 is amended--
(1) in subsection (a)(2)--
(A) by striking ``$15,000,000 for each fiscal
year'' and inserting ``$38,500,000 for the period
beginning on October 1, 2003, and ending on March 31,
2004,''; and
(B) by inserting before the period at the end ``of
which not more than $6,000,000 may be used for the
marketing incentive program for communities and for
State marketing assistance'';
(2) by adding at the end of subsection (a) the following:
``(3) Authorization for additional employees.--In addition
to amounts authorized under paragraphs (1) and (2), there are
authorized to be appropriated such sums as may be necessary for
the Secretary of Transportation to hire and employ 4 additional
employees for the office responsible for carrying out the essential air
service program.''; and
(3) by striking subsection (c) and redesignating subsection
(d) as subsection (c).
SEC. 202. SMALL COMMUNITY AIR SERVICE.
Section 41743 is amended by inserting after ``2003'' the following
``, and $17,500,000 for the period beginning on October 1, 2003, and
ending on March 31, 2004,''; and
(5) in subsection (f) by striking ``pilot''.
SEC. 203. HOLD HARMLESS PROVISION FOR ESSENTIAL AIR SERVICE.
(a) In General.--Where a determination of highway mileage affects
eligibility for essential air service subsidies under title 49, United
States Code, the Secretary of Transportation shall consider all
commonly traveled highway routes. Where the choice of a route can
affect eligibility, the Secretary shall use the route that preserves
the subsidy in making that determination.
(b) Application to Certain Terminations.--Subsection (a) applies
to--
(1) any determination made after the date of enactment of
this Act; and
(2) any determination made with respect to any formerly
eligible place terminated from the essential air service
program in the 2-year period prior to that date.
TITLE III--AVIATION SECURITY
SEC. 301. CAPPS2.
(a) In General.--The Under Secretary for Border and Transportation
Security of the Department of Homeland Security shall not implement, on
other than a test basis, the computer assisted passenger prescreening
system (commonly known as and in this section referred to as
``CAPPS2'') until the Under Secretary provides to Congress a
certification that--
(1) a procedure is established enabling airline passengers,
who are delayed or prohibited from boarding a flight because
CAPPS2 determined that they might pose a security threat, to
appeal such determination and correct information contained in
CAPPS2;
(2) the error rate of the Government and private data bases
that will be used to both establish identity and assign a risk
level to a passenger under CAPPS2 will not produce a large
number of false positives that will result in a significant
number of passengers being mistaken as a security threat;
(3) the Under Secretary has demonstrated the efficacy and
accuracy of all search tools in CAPPS2 and has demonstrated
that CAPPS2 can make an accurate predictive assessment of those
passengers who would constitute a security threat;
(4) the Secretary of Homeland Security has established an
internal oversight board to oversee and monitor the manner in
which CAPPS2 is being implemented;
(5) the Under Secretary has built in sufficient operational
safeguards to reduce the opportunities for abuse;
(6) substantial security measures are in place to protect
CAPPS2 from unauthorized access by hackers or other intruders;
(7) the Under Secretary has adopted policies establishing
effective oversight of the use and operation of the system; and
(8) there are no specific privacy concerns with the
technological architecture of the system.
(b) GAO Report.--Not later than 90 days after the date on which
certification is provided under subsection (a), the Comptroller General
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Commerce, Science and Transportation of the Senate that assesses the
impact of CAPPS2 on the issues listed in subsection (a) and on privacy
and civil liberties. The report shall include any recommendations for
practices, procedures, regulations, or legislation to eliminate or
minimize adverse effect of CAPPS2 on privacy, discrimination, and other
civil liberties.
SEC. 303. REPORT ON PASSENGER PRESCREENING PROGRAM.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, after consultation with the
Attorney General, shall submit a report in writing to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the
potential impact of the Transportation Security Administration's
proposed Computer Assisted Passenger Prescreening system, commonly
known as CAPPS2, on the privacy and civil liberties of United States
citizens.
(b) Specific Issues To Be Addressed.--The report shall address the
following:
(1) Whether and for what period of time data gathered on
individual travelers will be retained, who will have access to
such data, and who will make decisions concerning access to
such data.
(2) How the Transportation Security Administration will
treat the scores assigned to individual travelers to measure
the likelihood they may pose a security threat, including how
long such scores will be retained and whether and under what
circumstances they may be shared with other governmental,
nongovernmental, or commercial entities.
(3) The role airlines and outside vendors or contractors
will have in implementing and operating the system, and to what
extent will they have access, or the means to obtain access, to
data, scores, or other information generated by the system.
(4) The safeguards that will be implemented to ensure that
data, scores, or other information generated by the system will
be used only as officially intended.
(5) The procedures that will be implemented to mitigate the
effect of any errors, and what procedural recourse will be
available to passengers who believe the system has wrongly
barred them from taking flights.
(6) The oversight procedures that will be implemented to
ensure that, on an ongoing basis, privacy and civil liberties
issues will continue to be considered and addressed with high
priority as the system is installed, operated, and updated.
SEC. 304. FLIGHT TRAINING.
(a) In General.--Section 44939 is amended to read as follows:
``Sec. 44939. Training to operate certain aircraft
``(a) Waiting Period.--A person operating as a flight instructor,
pilot school, or aviation training center or subject to regulation
under this part may provide training in the operation of any aircraft
having a maximum certificated takeoff weight of more than 12,500 pounds
to an alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual
specified by the Secretary of Homeland Security only if--
``(1) that person has first notified the Secretary that the
alien or individual has requested such training and submitted
to the Secretary, in such form as the Secretary may prescribe,
the following information about the alien or individual:
``(A) full name, including any aliases used by the
applicant or variations in spelling of the applicant's
name;
``(B) passport and visa information;
``(C) country of citizenship;
``(D) date of birth;
``(E) dates of training; and
``(F) fingerprints collected by, or under the
supervision of, a Federal, State, or local law
enforcement agency or by another entity approved by the
Federal Bureau of Investigation or the Secretary of
Homeland Security, including fingerprints taken by
United States Government personnel at a United States
embassy or consulate; and
``(2) the Secretary has not directed, within 30 days after
being notified under paragraph (1), that person not to provide
the requested training because the Secretary has determined
that the individual presents a risk to aviation or national
security.
``(b) Interruption of Training.--If the Secretary of Homeland
Security, more than 30 days after receiving notification under
subsection (a) from a person providing training described in subsection
(a), determines that the individual presents a risk to aviation or
national security, the Secretary shall immediately notify the person
providing the training of the determination and that person shall
immediately terminate the training.
``(c) Notification.--A person operating as a flight instructor,
pilot school, or aviation training center or subject to regulation
under this part may provide training in the operation of any aircraft
having a maximum certificated takeoff weight of 12,500 pounds or less
to an alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual
specified by the Secretary of Homeland Security only if that person has
notified the Secretary that the individual has requested such training
and furnished the Secretary with that individual's identification in
such form as the Secretary may require.
``(d) Expedited Processing.--Not later than 60 days after the date
of enactment of this section, the Secretary shall establish a process
to ensure that the waiting period under subsection (a) shall not exceed
5 days for an alien (as defined in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3))) who--
``(1) holds an airman's certification of a foreign country
that is recognized by an agency of the United States, including
a military agency, that permits an individual to operate a
multi-engine aircraft that has a certificated takeoff weight of
more than 12,500 pounds;
``(2) is employed by a foreign air carrier that is
certified under part 129 of title 14, Code of Federal
Regulations, and that has a security program approved under
section 1546 of title 49, Code of Federal Regulations;
``(3) is an individual that has unescorted access to a
secured area of an airport designated under section
44936(a)(1)(A)(ii); or
``(4) is an individual that is part of a class of
individuals that the Secretary has determined that providing
aviation training to presents minimal risk to aviation or
national security because of the aviation training already
possessed by such class of individuals.
``(e) Training.--In subsection (a), the term `training' means
training received from an instructor in an aircraft or aircraft
simulator and does not include recurrent training, ground training, or
demonstration flights for marketing purposes.
``(f) Nonapplicability to Certain Foreign Military Pilots.--The
procedures and processes required by subsections (a) through (d) shall
not apply to a foreign military pilot endorsed by the Department of
Defense for flight training in the United States and seeking training
described in subsection (e) in the United States.
``(g) Fee.--
``(1) In general.--The Secretary of Homeland Security may
assess a fee for an investigation under this section, which may
not exceed $100 per individual (exclusive of the cost of transmitting
fingerprints collected at overseas facilities) during fiscal years 2003
and 2004. For fiscal year 2005 and thereafter, the Secretary may adjust
the maximum amount of the fee to reflect the costs of such an
investigation.
``(2) Offset.--Notwithstanding section 3302 of title 31,
any fee collected under this section--
``(A) shall be credited to the account in the
Treasury from which the expenses were incurred and
shall be available to the Secretary for those expenses;
and
``(B) shall remain available until expended.
``(h) Interagency Cooperation.--The Attorney General, the Director
of Central Intelligence, and the Administrator of the Federal Aviation
Administration shall cooperate with the Secretary in implementing this
section.
``(i) Security Awareness Training for Employees.--The Secretary
shall require flight schools to conduct a security awareness program
for flight school employees to increase their awareness of suspicious
circumstances and activities of individuals enrolling in or attending
flight school.''.
(b) Procedures.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
promulgate an interim final rule to implement section 44939 of
title 49, United States Code, as amended by subsection (a).
(2) Use of overseas facilities.--In order to implement
section 44939 of title 49, United States Code, as amended by
subsection (a), United States Embassies and Consulates that
possess appropriate fingerprint collection equipment and
personnel certified to capture fingerprints shall provide
fingerprint services to aliens covered by that section if the
Secretary requires fingerprints in the administration of that
section, and shall transmit the fingerprints to the Secretary
or other agency designated by the Secretary. The Attorney
General and the Secretary of State shall cooperate with the
Secretary of Homeland Security in carrying out this paragraph.
(3) Use of united states facilities.--If the Secretary of
Homeland Security requires fingerprinting in the administration
of section 44939 of title 49, United States Code, the Secretary
may designate locations within the United States that will
provide fingerprinting services to individuals covered by that
section.
(c) Effective Date.--The amendment made by subsection (a) takes
effect on the effective date of the interim final rule required by
subsection (b)(1).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure a report
on the effectiveness of the activities carried out under section 44939
of title 49, United States Code, in reducing risks to aviation security
and national security.
SEC. 305. PROHIBITION ON AIR TRAFFIC CONTROL PRIVATIZATION.
(a) In General.--The Secretary of Transportation may not authorize
the transfer to a private entity or to a public entity other than the
United States Government of--
(1) the air traffic separation and control functions
operated by the Federal Aviation Administration on the date of
enactment of this Act; or
(2) the functions related to certification of national
airspace systems and services operated by the Federal Aviation
Administration on the date of enactment of this Act
(b) Limitations.--
(1) Contract towers.--Subsection (a) shall not apply to a
Federal Aviation Administration air traffic control tower
operated under the contract tower program on the date of
enactment of this Act or to any expansion of that program under
section 47124(b)(3) or 47124(b)(4) of title 49, United States
Code.
(2) Software.--Subsection (a)(2) shall not apply to the
development or modification of software.
(c) Flight Service Stations.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report on the Federal Aviation
Administration's plan to revamp the flight service station
program. The report shall include--
(A) an analysis of the impact of the plan on costs,
effectiveness, and the need for redundancies in the
program;
(B) a comparison of the existing costs of the
program with alternatives;
(C) workforce needs (including any necessary
transition period); and
(D) space needs.
(2) Limitation.--The Secretary of Transportation may not
authorize the transfer to a private entity or to a public
entity other than the United States Government of the flight
service station program or any component thereof until the
report required by paragraph (1) has been transmitted to the
Congress and the Congress has authorized any such proposed
transfer.
TITLE IV--AVIATION RESEARCH
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``to carry out sections 44504'' and
inserting ``for conducting civil aviation research and
development under sections 44504'';
(2) by striking ``and'' at the end of paragraph (7);
(3) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(4) by adding at the end the following:
``(9) for the period beginning on October 1, 2003, and
ending on March 31, 2004, $173,158,500, including--
``(A) $32,500,000 for Improving Aviation Safety;
``(B) $12,000,000 for Weather Safety Research;
``(C) $13,750,000 for Human Factors and Aeromedical
Research;
``(D) $15,000,000 for Environmental Research and
Development, of which $10,000,000 shall be for research
activities related to reducing community exposure to
civilian aircraft noise or emissions;
``(E) $3,500,000 for Research Mission Support;
``(F) $750,000 for carrying out subsection (h) of
this section;
``(G) $21,400,000 for Advanced Technology
Development and Prototyping;
``(H) $15,150,000 for Safe Flight 21;
``(I) $45,400,000 for the Center for Advanced
Aviation System Development;
``(J) $4,833,500 for Airports Technology-Safety;
and
``(K) $3,875,000 for Airports Technology-
Efficiency.''.
TITLE V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 501. EXTENSION OF EXPENDITURE AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 (relating to expenditures from Airport and Airway
Trust Fund) is amended--
(1) by striking ``October 1, 2003,'' and inserting
``October 1, 2004,'', and
(2) by inserting before the semicolon at the end of
subparagraph (A) the following: ``or the Federal Aviation
Administration Reauthorization Act of 2003''.
(b) Conforming Amendment.--Paragraph (2) of section 9502(f) of the
Internal Revenue Code of 1986 is amended by striking ``October 1,
2003'' and inserting ``October 1, 2004''.
SEC. 502. TECHNICAL CORRECTION TO FLIGHT SEGMENT.
(a) Special Rule.--Section 4261(e)(4) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subparagraph:
``(D) Special rule for amounts paid for domestic
segments beginning after 2002.--If an amount is paid
during a calendar year for a domestic segment beginning
in a later calendar year, then the rate of tax under
subsection (b) on such amount shall be the rate in
effect for the calendar year in which such amount is
paid.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the provisions of the Taxpayer Relief Act
of 1997 to which they relate.D23/
Calendar No. 282
108th CONGRESS
1st Session
S. 1618
_______________________________________________________________________
A BILL
To reauthorize Federal Aviation Administration Programs for the period
beginning on October 1, 2003, and ending on March 31, 2004, and for
other purposes.
_______________________________________________________________________
September 17, 2003
Read the second time and placed on the calendar