Page:United States Statutes at Large Volume 117.djvu/2587

 117 STAT. 2568

PUBLIC LAW 108–176—DEC. 12, 2003 ‘‘(2) ALLOCATIONS.—50 percent of amounts appropriated pursuant to this subsection for a fiscal year shall be used for making allocations under subsection (h)(2) and 50 percent of such amounts shall be used for making discretionary grants under subsection (h)(3).’’. (b) CONFORMING AMENDMENTS.— (1) USE OF PASSENGER FEE FUNDS.—Section 44940(a)(1) is amended by inserting after subparagraph (G) the following: ‘‘(H) The costs of security-related capital improvements at airports. ‘‘(I) The costs of training pilots and flight attendants under sections 44918 and 44921.’’. (2) LIMITATION ON COLLECTION.—Section 44940(d)(4) is amended by striking ‘‘Act.’’ and inserting ‘‘Act or in section 44923.’’. (3) CHAPTER ANALYSIS.—The analysis for subchapter I of chapter 449 is amended by adding at the end the following:

‘‘44923. Airport security improvement projects.’’. SEC. 606. CHARTER SECURITY.

49 USC 44903 note. 49 USC 44903 note. Certification.

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13:59 Aug 30, 2004

(a) IN GENERAL.—Section 44903 is amended by adding at the end the following: ‘‘(l) AIR CHARTER PROGRAM.— ‘‘(1) IN GENERAL.—The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall implement an aviation security program for charter air carriers (as defined in section 40102(a)) with a maximum certificated takeoff weight of more than 12,500 pounds. ‘‘(2) EXEMPTION FOR ARMED FORCES CHARTERS.— ‘‘(A) IN GENERAL.—Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter transportation to members of the armed forces. ‘‘(B) SECURITY PROCEDURES.—The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when employed to provide charter transportation to members of the armed forces to or from an airport described in section 44903(c). ‘‘(C) ARMED FORCES DEFINED.—In this paragraph, the term ‘armed forces’ has the meaning given that term by section 101(a)(4) of title 10.’’. (b) REPEAL.—Section 132 of the Aviation and Transportation Security Act (49 U.S.C. 44944 note) is repealed. SEC. 607. 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,

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