[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