H. R. 2115—84
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 identi-
fication 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 secu-
rity 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 simu-
lator 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 avail-
able to the Secretary for those expenses; and
H. R. 2115—85
‘‘(B) shall remain available until expended.
‘‘(h) INTERAGENCY COOPERATION.—The Attorney General, the
Director of Central Intelligence, and the Administrator of the Fed-
eral Aviation Administration shall cooperate with the Secretary
in implementing this section.
‘‘(i) SECURITY AWARENESS TRAINING FOR EMPLOYEES.—The Sec-
retary 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 finger-
print 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 Home-
land Security in carrying out this paragraph.
(3) USE OF UNITED STATES FACILITIES.—If the Secretary
of Homeland Security requires fingerprinting in the administra-
tion of section 44939 of title 49, United States Code, the Sec-
retary 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. 613. DEPLOYMENT OF SCREENERS AT KENAI, HOMER, AND
VALDEZ, ALASKA.
Not later than 45 days after the date of enactment of this
Act, the Administrator of the Transportation Security Administra-
tion shall deploy Federal screeners at Kenai, Homer, and Valdez,
Alaska.
TITLE VII—AVIATION RESEARCH
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) is amended—
H. R. 2115—86
(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 new paragraphs:
‘‘(9) for fiscal year 2004, $346,317,000, including—
‘‘(A) $65,000,000 for Improving Aviation Safety;
‘‘(B) $24,000,000 for Weather Safety Research;
‘‘(C) $27,500,000 for Human Factors and Aeromedical
Research;
‘‘(D) $30,000,000 for Environmental Research and
Development, of which $20,000,000 shall be for research
activities related to reducing community exposure to
civilian aircraft noise or emissions;
‘‘(E) $7,000,000 for Research Mission Support;
‘‘(F) $10,000,000 for the Airport Cooperative Research
Program;
‘‘(G) $1,500,000 for carrying out subsection (h) of this
section;
‘‘(H) $42,800,000 for Advanced Technology Develop-
ment and Prototyping;
‘‘(I) $30,300,000 for Safe Flight 21;
‘‘(J) $90,800,000 for the Center for Advanced Aviation
System Development;
‘‘(K) $9,667,000 for Airports Technology-Safety; and
‘‘(L) $7,750,000 for Airports Technology-Efficiency;
‘‘(10) for fiscal year 2005, $356,192,000, including—
‘‘(A) $65,705,000 for Improving Aviation Safety;
‘‘(B) $24,260,000 for Weather Safety Research;
‘‘(C) $27,800,000 for Human Factors and Aeromedical
Research;
‘‘(D) $30,109,000 for Environmental Research and
Development, of which $20,000,000 shall be for research
activities related to reducing community exposure to
civilian aircraft noise or emissions;
‘‘(E) $7,076,000 for Research Mission Support;
‘‘(F) $10,000,000 for the Airport Cooperative Research
Program;
‘‘(G) $1,650,000 for carrying out subsection (h) of this
section;
‘‘(H) $43,300,000 for Advanced Technology Develop-
ment and Prototyping;
‘‘(I) $31,100,000 for Safe Flight 21;
‘‘(J) $95,400,000 for the Center for Advanced Aviation
System Development;
‘‘(K) $2,200,000 for Free Flight Phase 2;
‘‘(L) $9,764,000 for Airports Technology-Safety; and
‘‘(M) $7,828,000 for Airports Technology-Efficiency;
‘‘(11) for fiscal year 2006, $352,157,000, including—
‘‘(A) $66,447,000 for Improving Aviation Safety;
‘‘(B) $24,534,000 for Weather Safety Research;
‘‘(C) $28,114,000 for Human Factors and Aeromedical
Research;
‘‘(D) $30,223,000 for Environmental Research and
Development, of which $20,000,000 shall be for research
H. R. 2115—87
activities related to reducing community exposure to
civilian aircraft noise or emissions;
‘‘(E) $7,156,000 for Research Mission Support;
‘‘(F) $10,000,000 for the Airport Cooperation Research
Program;
‘‘(G) $1,815,000 for carrying out subsection (h) of this
section;
‘‘(H) $42,200,000 for Advanced Technology Develop-
ment and Prototyping;
‘‘(I) $23,900,000 for Safe Flight 21;
‘‘(J) $100,000,000 for the Center for Advanced Aviation
System Development;
‘‘(K) $9,862,000 for Airports Technology-Safety; and
‘‘(L) $7,906,000 for Airports Technology-Efficiency; and
‘‘(12) for fiscal year 2007, $356,261,000, including—
‘‘(A) $67,244,000 for Improving Aviation Safety;
‘‘(B) $24,828,000 for Weather Safety Research;
‘‘(C) $28,451,000 for Human Factors and Aeromedical
Research;
‘‘(D) $30,586,000 for Environmental Research and
Development, of which $20,000,000 shall be for research
activities related to reducing community exposure to
civilian aircraft noise or emissions;
‘‘(E) $7,242,000 for Research Mission Support;
‘‘(F) $10,000,000 for the Airport Cooperation Research
Program;
‘‘(G) $1,837,000 for carrying out subsection (h) of this
section;
‘‘(H) $42,706,000 for Advanced Technology Develop-
ment and Prototyping;
‘‘(I) $24,187,000 for Safe Flight 21;
‘‘(J) $101,200,000 for the Center for Advanced Aviation
System Development;
‘‘(K) $9,980,000 for Airports Technology-Safety; and
‘‘(L) $8,000,000 for Airports Technology-Efficiency.’’.
SEC. 702. FEDERAL AVIATION ADMINISTRATION SCIENCE AND TECH-
NOLOGY SCHOLARSHIP PROGRAM.
(a)(1) The Administrator of the Federal Aviation Administration
shall establish a Federal Aviation Administration Science and Tech-
nology Scholarship Program to award scholarships to individuals
that is designed to recruit and prepare students for careers in
the Federal Aviation Administration.
(2) Individuals shall be selected to receive scholarships under
this section through a competitive process primarily on the basis
of academic merit, with consideration given to financial need and
the goal of promoting the participation of individuals identified
in section 33 or 34 of the Science and Engineering Equal Opportuni-
ties Act.
(3) To carry out the Program the Administrator shall enter
into contractual agreements with individuals selected under para-
graph (2) under which the individuals agree to serve as full-time
employees of the Federal Aviation Administration, for the period
described in subsection (f)(1), in positions needed by the Federal
Aviation Administration and for which the individuals are qualified,
in exchange for receiving a scholarship.
H. R. 2115—88
(b) In order to be eligible to participate in the Program, an
individual must—
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education, as a junior or
senior undergraduate or graduate student, in an academic field
or discipline described in the list made available under sub-
section (d);
(2) be a United States citizen or permanent resident; and
(3) at the time of the initial scholarship award, not be
an employee (as defined in section 2105 of title 5, United
States Code).
(c) An individual seeking a scholarship under this section shall
submit an application to the Administrator at such time, in such
manner, and containing such information, agreements, or assur-
ances as the Administrator may require.
(d) The Administrator shall make publicly available a list of
academic programs and fields of study for which scholarships under
the Program may be utilized and shall update the list as necessary.
(e)(1) The Administrator may provide a scholarship under the
Program for an academic year if the individual applying for the
scholarship has submitted to the Administrator, as part of the
application required under subsection (c), a proposed academic pro-
gram leading to a degree in a program or field of study on the
list made available under subsection (d).
(2) An individual may not receive a scholarship under this
section for more than 4 academic years, unless the Administrator
grants a waiver.
(3) The dollar amount of a scholarship under this section for
an academic year shall be determined under regulations issued
by the Administrator, but shall in no case exceed the cost of attend-
ance.
(4) A scholarship provided under this section may be expended
for tuition, fees, and other authorized expenses as established by
the Administrator by regulation.
(5) The Administrator may enter into a contractual agreement
with an institution of higher education under which the amounts
provided for a scholarship under this section for tuition, fees, and
other authorized expenses are paid directly to the institution with
respect to which the scholarship is provided.
(f)(1) The period of service for which an individual shall be
obligated to serve as an employee of the Federal Aviation Adminis-
tration is, except as provided in subsection (h)(2), 24 months for
each academic year for which a scholarship under this section
is provided.
(2)(A) Except as provided in subparagraph (B), obligated service
under paragraph (1) shall begin not later than 60 days after the
individual obtains the educational degree for which the scholarship
was provided.
(B) The Administrator may defer the obligation of an individual
to provide a period of service under paragraph (1) if the Adminis-
trator determines that such a deferral is appropriate. The Adminis-
trator shall prescribe the terms and conditions under which a
service obligation may be deferred through regulation.
(g)(1) Scholarship recipients who fail to maintain a high level
of academic standing, as defined by the Administrator by regulation,
who are dismissed from their educational institutions for discipli-
nary reasons, or who voluntarily terminate academic training before
H. R. 2115—89
graduation from the educational program for which the scholarship
was awarded, shall be in breach of their contractual agreement
and, in lieu of any service obligation arising under such agreement,
shall be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf under
the agreement, except as provided in subsection (h)(2). The repay-
ment period may be extended by the Administrator when deter-
mined to be necessary, as established by regulation.
(2) Scholarship recipients who, for any reason, fail to begin
or complete their service obligation after completion of academic
training, or fail to comply with the terms and conditions of
deferment established by the Administrator pursuant to subsection
(f)(2)(B), shall be in breach of their contractual agreement. When
recipients breach their agreements for the reasons stated in the
preceding sentence, the recipient shall be liable to the United States
for an amount equal to—
(A) the total amount of scholarships received by such indi-
vidual under this section; plus
(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received
they were loans bearing interest at the maximum legal pre-
vailing rate, as determined by the Treasurer of the United
States,
multiplied by 3.
(h)(1) Any obligation of an individual incurred under the Pro-
gram (or a contractual agreement thereunder) for service or pay-
ment shall be canceled upon the death of the individual.
(2) The Administrator shall by regulation provide for the partial
or total waiver or suspension of any obligation of service or payment
incurred by an individual under the Program (or a contractual
agreement thereunder) whenever compliance by the individual is
impossible or would involve extreme hardship to the individual,
or if enforcement of such obligation with respect to the individual
would be contrary to the best interests of the Government.
(i) For purposes of this section—
(1) the term ‘‘cost of attendance’’ has the meaning given
that term in section 472 of the Higher Education Act of 1965;
(2) the term ‘‘institution of higher education’’ has the
meaning given that term in section 101(a) of the Higher Edu-
cation Act of 1965; and
(3) the term ‘‘Program’’ means the Federal Aviation
Administration Science and Technology Scholarship Program
established under this section.
(j)(1) There is authorized to be appropriated to the Federal
Aviation Administration for the Program $10,000,000 for each fiscal
year.
(2) Amounts appropriated under this section shall remain avail-
able for 2 fiscal years.
(k) The Administrator may provide temporary internships to
full-time students enrolled in an undergraduate or post-graduate
program leading to an advanced degree in an aerospace-related
or aviation safety-related field of endeavor.
H. R. 2115—90
SEC. 703. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
(a)(1) The Administrator of the National Aeronautics and Space
Administration shall establish a National Aeronautics and Space
Administration Science and Technology Scholarship Program to
award scholarships to individuals that is designed to recruit and
prepare students for careers in the National Aeronautics and Space
Administration.
(2) Individuals shall be selected to receive scholarships under
this section through a competitive process primarily on the basis
of academic merit, with consideration given to financial need and
the goal of promoting the participation of individuals identified
in section 33 or 34 of the Science and Engineering Equal Opportuni-
ties Act.
(3) To carry out the Program the Administrator shall enter
into contractual agreements with individuals selected under para-
graph (2) under which the individuals agree to serve as full-time
employees of the National Aeronautics and Space Administration,
for the period described in subsection (f)(1), in positions needed
by the National Aeronautics and Space Administration and for
which the individuals are qualified, in exchange for receiving a
scholarship.
(b) In order to be eligible to participate in the Program, an
individual must—
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education, as a junior or
senior undergraduate or graduate student, in an academic field
or discipline described in the list made available under sub-
section (d);
(2) be a United States citizen or permanent resident; and
(3) at the time of the initial scholarship award, not be
an employee (as defined in section 2105 of title 5, United
States Code).
(c) An individual seeking a scholarship under this section shall
submit an application to the Administrator at such time, in such
manner, and containing such information, agreements, or assur-
ances as the Administrator may require.
(d) The Administrator shall make publicly available a list of
academic programs and fields of study for which scholarships under
the Program may be utilized and shall update the list as necessary.
(e)(1) The Administrator may provide a scholarship under the
Program for an academic year if the individual applying for the
scholarship has submitted to the Administrator, as part of the
application required under subsection (c), a proposed academic pro-
gram leading to a degree in a program or field of study on the
list made available under subsection (d).
(2) An individual may not receive a scholarship under this
section for more than 4 academic years, unless the Administrator
grants a waiver.
(3) The dollar amount of a scholarship under this section for
an academic year shall be determined under regulations issued
by the Administrator, but shall in no case exceed the cost of attend-
ance.
(4) A scholarship provided under this section may be expended
for tuition, fees, and other authorized expenses as established by
the Administrator by regulation.
H. R. 2115—91
(5) The Administrator may enter into a contractual agreement
with an institution of higher education under which the amounts
provided for a scholarship under this section for tuition, fees, and
other authorized expenses are paid directly to the institution with
respect to which the scholarship is provided.
(f)(1) The period of service for which an individual shall be
obligated to serve as an employee of the National Aeronautics
and Space Administration is, except as provided in subsection (h)(2),
24 months for each academic year for which a scholarship under
this section is provided.
(2)(A) Except as provided in subparagraph (B), obligated service
under paragraph (1) shall begin not later than 60 days after the
individual obtains the educational degree for which the scholarship
was provided.
(B) The Administrator may defer the obligation of an individual
to provide a period of service under paragraph (1) if the Adminis-
trator determines that such a deferral is appropriate. The Adminis-
trator shall prescribe the terms and conditions under which a
service obligation may be deferred through regulation.
(g)(1) Scholarship recipients who fail to maintain a high level
of academic standing, as defined by the Administrator by regulation,
who are dismissed from their educational institutions for discipli-
nary reasons, or who voluntarily terminate academic training before
graduation from the educational program for which the scholarship
was awarded, shall be in breach of their contractual agreement
and, in lieu of any service obligation arising under such agreement,
shall be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf under
the agreement, except as provided in subsection (h)(2). The repay-
ment period may be extended by the Administrator when deter-
mined to be necessary, as established by regulation.
(2) Scholarship recipients who, for any reason, fail to begin
or complete their service obligation after completion of academic
training, or fail to comply with the terms and conditions of
deferment established by the Administrator pursuant to subsection
(f)(2)(B), shall be in breach of their contractual agreement. When
recipients breach their agreements for the reasons stated in the
preceding sentence, the recipient shall be liable to the United States
for an amount equal to—
(A) the total amount of scholarships received by such indi-
vidual under this section; plus
(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received
they were loans bearing interest at the maximum legal pre-
vailing rate, as determined by the Treasurer of the United
States,
multiplied by 3.
(h)(1) Any obligation of an individual incurred under the Pro-
gram (or a contractual agreement thereunder) for service or pay-
ment shall be canceled upon the death of the individual.
(2) The Administrator shall by regulation provide for the partial
or total waiver or suspension of any obligation of service or payment
incurred by an individual under the Program (or a contractual
agreement thereunder) whenever compliance by the individual is
impossible or would involve extreme hardship to the individual,
H. R. 2115—92
or if enforcement of such obligation with respect to the individual
would be contrary to the best interests of the Government.
(i) For purposes of this section—
(1) the term ‘‘cost of attendance’’ has the meaning given
that term in section 472 of the Higher Education Act of 1965;
(2) the term ‘‘institution of higher education’’ has the
meaning given that term in section 101(a) of the Higher Edu-
cation Act of 1965; and
(3) the term ‘‘Program’’ means the National Aeronautics
and Space Administration Science and Technology Scholarship
Program established under this section.
(j)(1) There is authorized to be appropriated to the National
Aeronautics and Space Administration for the Program $10,000,000
for each fiscal year.
(2) Amounts appropriated under this section shall remain avail-
able for 2 fiscal years.
(k) The Administrator may provide temporary internships to
full-time students enrolled in an undergraduate or post-graduate
program leading to an advanced degree in an aerospace-related
or aviation safety-related field of endeavor.
SEC. 704. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.
(a) CONTINUATION OF PROGRAM.—The Administrator of the Fed-
eral Aviation Administration shall continue the program to consider
awards to nonprofit concrete and asphalt pavement research founda-
tions to improve the design, construction, rehabilitation, and repair
of airfield pavements to aid in the development of safer, more
cost effective, and more durable airfield pavements.
(b) USE
OF
GRANTS
OR
COOPERATIVE
AGREEMENTS.—The
Administrator may use grants or cooperative agreements in carrying
out this section.
(c) STATUTORY CONSTRUCTION.—Nothing in this section requires
the Administrator to prioritize an airfield pavement research pro-
gram above safety, security, Flight 21, environment, or energy
research programs.
SEC. 705. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVE-
MENTS.
(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall review and determine whether the Federal
Aviation Administration’s standards used to determine the appro-
priate thickness for asphalt and concrete airfield pavements are
in accordance with the Federal Aviation Administration’s standard
20-year-life requirement using the most up-to-date available
information on the life of airfield pavements. If the Administrator
determines that such standards are not in accordance with that
requirement, the Administrator shall make appropriate adjustments
to the Federal Aviation Administration’s standards for airfield pave-
ments.
(b) REPORT.—Within 1 year after the date of enactment of
this Act, the Administrator shall report the results of the review
conducted under subsection (a) and the adjustments, if any, made
on the basis of that review to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure and Committee on
Science.