Res Communis

HR 4853 EH

111th CONGRESS

2d Session

H. R. 4853

AN ACT

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Federal Aviation Administration Extension Act of 2010’.

SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) Fuel Taxes- Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ‘March 31, 2010’ and inserting ‘July 3, 2010’.

(b) Ticket Taxes-

(1) PERSONS- Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ‘March 31, 2010’ and inserting ‘July 3, 2010’.

(2) PROPERTY- Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ‘March 31, 2010’ and inserting ‘July 3, 2010’.

(c) Effective Date- The amendments made by this section shall take effect on April 1, 2010.

SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

(a) In General- Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended–

(1) by striking ‘April 1, 2010’ and inserting ‘July 4, 2010’; and

(2) by inserting ‘or the Federal Aviation Administration Extension Act of 2010’ before the semicolon at the end of subparagraph (A).

(b) Conforming Amendment- Paragraph (2) of section 9502(e) of such Code is amended by striking ‘April 1, 2010’ and inserting ‘July 4, 2010’.

(c) Effective Date- The amendments made by this section shall take effect on April 1, 2010.

SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

(a) Authorization of Appropriations-

(1) IN GENERAL- Section 48103(7) of title 49, United States Code, is amended to read as follows:

‘(7) $3,024,657,534 for the period beginning on October 1, 2009, and ending on July 3, 2010.’.

(2) OBLIGATION OF AMOUNTS- Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended.

(3) PROGRAM IMPLEMENTATION- For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2009, and ending on July 3, 2010, the Administrator of the Federal Aviation Administration shall–

(A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2010 were $4,000,000,000; and

(B) then reduce by 89/365 –

(i) all funding apportionments calculated under subparagraph (A); and

(ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title.

(b) Project Grant Authority- Section 47104(c) of such title is amended by striking ‘March 31, 2010,’ and inserting ‘July 3, 2010,’.

SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ‘April 1, 2010.’ and inserting ‘July 4, 2010.’.

(b) Section 44302(f)(1) of such title is amended–

(1) by striking ‘March 31, 2010,’ and inserting ‘July 3, 2010,’; and

(2) by striking ‘June 30, 2010,’ and inserting ‘September 30, 2010,’.

(c) Section 44303(b) of such title is amended by striking ‘June 30, 2010,’ and inserting ‘September 30, 2010,’.

(d) Section 47107(s)(3) of such title is amended by striking ‘April 1, 2010.’ and inserting ‘July 4, 2010.’.

(e) Section 47115(j) of such title is amended by striking ‘April 1, 2010,’ and inserting ‘July 4, 2010,’.

(f) Section 47141(f) of such title is amended by striking ‘March 31, 2010.’ and inserting ‘July 3, 2010.’.

(g) Section 49108 of such title is amended by striking ‘March 31, 2010,’ and inserting ‘July 3, 2010,’.

(h) Section 161 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ‘April 1, 2010,’ and inserting ‘July 4, 2010,’.

(i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking ‘April 1, 2010,’ and inserting ‘July 4, 2010,’.

(j) The amendments made by this section shall take effect on April 1, 2010.

SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

Section 106(k)(1)(F) of title 49, United States Code, is amended to read as follows:

‘(F) $7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010.’.

SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

Section 48101(a)(6) of title 49, United States Code, is amended to read as follows:

‘(6) $2,220,252,132 for the period beginning on October 1, 2009, and ending on July 3, 2010.’.

SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

Section 48102(a)(14) of title 49, United States Code, is amended to read as follows:

‘(14) $144,049,315 for the period beginning on October 1, 2009, and ending on July 3, 2010.’.

SEC. 9. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED SURFACE TRANSPORTATION PROGRAMS.

(a) Short Title- This section may be cited as the ‘Surface Transportation Extension Modification Act of 2010’.

(b) Modification of Allocation Rules- Section 411(d) of the Surface Transportation Extension Act of 2010 is amended–

(1) in paragraph (1)–

(A) in the matter preceding subparagraph (A)–

(i) by striking ‘1301, 1302,’; and

(ii) by striking ‘1198, 1204,’; and

(B) in subparagraph (A)–

(i) in the matter preceding clause (i) by striking ‘apportioned under sections 104(b) and 144 of title 23, United States Code,’ and inserting ‘specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),’; and

(ii) in clause (ii) by striking ‘apportioned under such sections of such Code’ and inserting ‘specified in such section 105(a)(2) (except the high priority projects program)’;

(2) in paragraph (2)–

(A) in the matter preceding subparagraph (A)–

(i) by striking ‘1301, 1302,’; and

(ii) by striking ‘1198, 1204,’; and

(B) in subparagraph (A)–

(i) in the matter preceding clause (i) by striking ‘apportioned under sections 104(b) and 144 of title 23, United States Code,’ and inserting ‘specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),’; and

(ii) in clause (ii) by striking ‘apportioned under such sections of such Code’ and inserting ‘specified in such section 105(a)(2) (except the high priority projects program)’; and

(3) by adding at the end the following:

‘(5) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE AND NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAMS-

‘(A) REDISTRIBUTION AMONG STATES- Notwithstanding sections 1301(m) and 1302(e) of SAFETEA-LU (119 Stat. 1202 and 1205), the Secretary shall apportion funds authorized to be appropriated under subsection (b) for the projects of national and regional significance program and the national corridor infrastructure improvement program among all States such that each State’s share of the funds so apportioned is equal to the State’s share for fiscal year 2009 of funds apportioned or allocated for the programs specified in section 105(a)(2) of title 23, United States Code.

‘(B) DISTRIBUTION AMONG PROGRAMS- Funds apportioned to a State pursuant to subparagraph (A) shall be–

‘(i) made available to the State for the programs specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that–

‘(I) the amount apportioned to the State for that program for fiscal year 2009; bears to

‘(II) the amount apportioned to the State for fiscal year 2009 for all such programs; and

‘(ii) administered in the same manner and with the same period of availability as funding is administered under programs identified in clause (i).’.

(c) Expenditure Authority From Highway Trust Fund- Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986, as amended by the Surface Transportation Extension Act of 2010, is amended by striking ‘in effect on the date of the enactment of such Act)’ and inserting ‘in effect on the later of the date of the enactment of such Act or the date of the enactment of the Surface Transportation Extension Modification Act of 2010)’.

(d) Effective Date- The amendments made by this section shall take effect upon the enactment of the Surface Transportation Extension Act of 2010 and shall be treated as being included in that Act at the time of the enactment of that Act.

The Obama administration has asserted a legal position on the use of drone aircraft to kill suspected terrorists and militants, and officials plan to share the details “at an appropriate moment,” according to Harold Koh, the State Department’s legal adviser.

National Journal asked Koh, the senior official responsible for international legal issues, to share his views after his public remarks at an American Bar Association speech on Wednesday. “I have studied this question,” Koh said. “I think that the legal objections that are being put on the table are ones that we are taking into account. I am comfortable with the legal position of the administration, and at an appropriate moment we will set for that in some detail.”

The administration has made drone strikes the centerpiece of its fight against terrorists, but officials have never said why they believe the program complies with international law. A number of legal scholars and international officials have said the killings could violate certain laws of armed conflict, particularly when they’re carried out in countries where the United States is not at war, such as Pakistan and Yemen.

Koh gave no indication of when the administration might unveil its legal rationale or what it might entail. But he added, “You can expect a more detailed discussion of this to come.” Koh was reluctant to reveal specifics, and he said that the informal venue of a speech was not the appropriate setting to discuss the “complicated” issue.

Some scholars have argued that the United States can justify drone killings of terrorists and militants who would attack Americans on the grounds of self-defense. But, as National Journal reported in January, a growing chorus of experts believes the drone strikes could be deemed extrajudicial killings. The American Civil Liberties Union has filed a Freedom of Information Act request to see all documents that might illuminate the administration’s legal thinking on the matter.

Given the political consensus in Washington that drone attacks are effective, safe and palatable tools for killing foreign terrorists, the Obama administration presumably would refute any suggestion the strikes were illegal.

Koh is a prolific writer and authority on human rights, civil liberties and the application of international law, and in his former position as the dean of Yale Law School, he was a vocal critic of the Bush administration’s counterterrorism policies. Koh declined an earlier request on the subject of drone strikes, but an extensive survey of his writings suggested that he might take issue with the drone program, at least as it is currently designed.