Journal of the House of Representatives of the United States

Century of Aviation Reauthorization Act, the Under Secretary shall develop and provide a voluntary training program for flight and cabin crew members of air carriers providing scheduled passenger air transportation.

"(2) PROGRAM ELEMENTS.-The training program under this subsection shall include both classroom and effective hands-on training in the following elements of self-defense:

"(A) Deterring a passenger who might present a threat.

"(B) Advanced control, striking, and restraint techniques.

"(C) Training to defend oneself against edged or contact weapons.

"(D) Methods to subdue and restrain an attacker.

"(E) Use of available items aboard the aircraft for self-defense.

"(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.

"(G) Any other element of training that the Under Secretary considers appropriate.

"(3) PARTICIPATION NOT REQUIRED.-A crew member shall not be required to participate in the training program under this subsection. "(4) COMPENSATION.-Neither the Federal Government nor an air carrier shall be required to compensate a crew member for participating in the training program under this subsection.

"(5) FEES.-A crew member shall not be required to pay a fee for the training program under this subsection.

"(6) CONSULTATION.-In developing the training program under this subsection, the Under Secretary shall consult with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director of self-defense training in the Federal Air Marshals Service, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.

"(7) DESIGNATION OF TSA OFFICIAL. The Under Secretary shall designate an official in the Transportation Security Administration to be responsible for implementing the training program under this subsection. The official shall consult with air carriers and labor organizations representing crew members before implementing the program to ensure that it is appropriate for situations that may arise on board an aircraft during a flight.

"(c) LIMITATION.-Actions by crew members under this section shall be subject to the provisions of section 44903(k).".

SEC. 604. STUDY OF EFFECTIVENESS OF TRANSPORTATION SECURITY SYSTEM.

(a) IN GENERAL.-The Secretary of Homeland Security, in consultation with representatives of the aviation community, shall study the effectiveness of the aviation security system, including the air marshal program, hardening of cockpit doors, and security screening of passengers, checked baggage, and cargo.

(b) REPORT.-The Secretary shall transmit a report of the Secretary's findings and conclusions together with any recommendations, including legislative recommendations, the Secretary may have for improving the effectiveness of aviation security to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within 6 months after the date of enactment of this Act. In the report the Secretary shall also describe any redeployment of Transportation Security Administration resources based on those findings and conclusions. The Secretary may submit the report to the Committees in classified and redacted form. The Secretary shall submit the report in lieu of the annual report required under section 44938(a) of title 49, United States Code, that is due March 31, 2004.

SEC.

605. AIRPORT SECURITY IMPROVEMENT PROJECTS.

(a) IN GENERAL.-Subchapter I of chapter 449 is amended by adding at the end the following:

"(a) GRANT AUTHORITY.-Subject to the requirements of this section, the Under Secretary for Border and Transportation Security of the Department of Homeland Security may make grants to airport sponsors

"(1) for projects to replace baggage conveyer systems related to aviation security;

"(2) for projects to reconfigure terminal baggage areas as needed to install explosive detection systems;

"(3) for projects to enable the Under Secretary to deploy explosive detection systems behind the ticket counter, in the baggage sorting area, or in line with the baggage handling system; and

"(4) for other airport security capital improvement projects.

"(b) APPLICATIONS.—A sponsor seeking grant under this section shall submit to the Under Secretary an application in such form and containing such information as the Under Secretary prescribes.

"(c) APPROVAL.-The Under Secretary, after consultation with the Secretary of Transportation, may approve an application of a sponsor for a grant under this section only if the Under Secretary determines that the project will improve security at an airport or improve the efficiency of the airport without lessening security. "(d) LETTERS OF INTENT.

"(1) ISSUANCE.-The Under Secretary may issue a letter of intent to a sponsor committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an airport security improvement project (including interest costs and costs of formulating the project).

"(2) SCHEDULE.-A letter of intent under this subsection shall establish a schedule under which the Under Secretary will reimburse the sponsor for the Government's share of the project's costs, as amounts become available, if the sponsor, after the Under Secretary issues the letter, carries out the project without receiving amounts under this section.

"(3) NOTICE TO UNDER SECRETARY.-A sponsor that has been issued a letter of intent under this subsection shall notify the Under Secretary of the sponsor's intent to carry out a project before the project begins.

"(4) NOTICE TO CONGRESS.-The Under Secretary shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section.

"(5) LIMITATIONS.-A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.

"(6) STATUTORY CONSTRUCTION.--Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.

"(e) FEDERAL SHARE.

"(1) IN GENERAL.-The Government's share of the cost of a project under this section shall be 90 percent for a project at a medium or large hub airport and 95 percent for a project at any other airport.

"(2) EXISTING LETTERS OF INTENT.-The Under Secretary shall revise letters of intent issued before the date of enactment of this section to reflect the cost share established in this subsection with respect to grants made after September 30, 2003.

"(f) SPONSOR DEFINED.-In this section, the term 'sponsor' has the meaning given that term in section 47102.

"(g) APPLICABILITY OF CERTAIN REQUIREMENTS.-The requirements that apply to grants

and letters of intent issued under chapter 471 (other than section 47102(3)) shall apply to grants and letters of intent issued under this section.

"(h) AVIATION SECURITY CAPITAL FUND."(1) IN GENERAL.-There is established within the Department of Homeland Security a fund to be known as the Aviation Security Capital Fund. The first $250,000,000 derived from fees received under section 44940(a)(1) in each of fiscal years 2004 through 2007 shall be available to be deposited in the Fund. The Under Secretary shall impose the fee authorized by section 44940(a)(1) so as to collect at least $250,000,000 in each of such fiscal years for deposit into the Fund. Amounts in the Fund shall be available to the Under Secretary to make grants under this section.

"(2) ALLOCATIONS.-Of the amount made available under paragraph (1) for a fiscal year, $125,000,000 shall be allocated in such a manner that-

"(A) 40 percent shall be made available for large hub airports;

"(B) 20 percent shall be made available for medium hub airports;

"(C) 15 percent shall be made available for small hub airports and nonhub airports; and

"(D) 25 percent shall be distributed by the Secretary to any airport on the basis of aviation security risks.

"(3) DISCRETIONARY GRANTS.-Of the amount made available under paragraph (1) for a fiscal year, $125,000,000 shall be used to make discretionary grants, with priority given to fulfilling intentions to obligate under letters of intent issued under subsection (d).

"(i) AUTHORIZATION OF APPROPRIATIONS.

"(1) IN GENERAL. In addition to amounts made available under subsection (h), there is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2004 through 2007. Such sums shall remain available until expended.

"(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.

(a) IN GENERAL.-Section 44903 is amended by adding at the end the following: "(1) 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, 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 estabhish 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.

608. 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 im-
plemented 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 up-
dated.

SEC. 609. ARMING CARGO PILOTS AGAINST TER-
RORISM.

(a) SENSE OF CONGRESS.-It is the sense of
Congress that members of a flight deck crew of
a cargo aircraft should be armed with a firearm
or taser to defend the cargo aircraft against an
attack by terrorists that could result in the use
of the aircraft as a weapon of mass destruction
or for other terrorist purposes.

(b) ARMING CARGO PILOTS AGAINST TERRORISM.-Section 44921 is amended

(1) in subsection (a) by striking "passenger" each place that it appears;

(2) in subsection (k)(2) by striking "or," and all that follows before the period at the end and inserting "or any other flight deck crew member"; and

(3) by adding at the end of subsection (k) the following:

"(3) ALL-CARGO AIR TRANSPORTATION.-In this section, the term 'air transportation' includes all-cargo air transportation.".

(c) TIME FOR IMPLEMENTATION.-In carrying out the amendments made by subsection (d), the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck officers.

(d) EFFECT ON OTHER LAWS.-The require-
ments of subsection (e) shall have no effect on
the deadlines for implementation contained in
section 44921 of title 49, United States Code, as
in effect on the day before the date of enactment
of this Act.

SEC. 610. REMOVAL OF CAP ON TSA STAFFING
LEVEL.

The matter appearing under the heading
“AVIATION SECURITY" in the appropriations for
the Transportation Security Administration in
the Transportation and Related Agencies Ap-
propriation Act, 2003 (Public Law 108-7; 117
Stat. 386) is amended by striking the fifth pro-
viso.

SEC. 611. FOREIGN REPAIR STATIONS.

(a) OVERSIGHT PLAN.-Within 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a plan containing an implementation schedule to strengthen oversight of domestic and foreign repair stations and ensure that foreign repair stations that are certified by the Administrator under part 145 of title 14, Code of Federal Regulations, are subject to an equivalent level of safety, oversight, and quality control as those located in the United States.

(b) REPAIR STATION SECURITY.—

(1) IN GENERAL.-Subchapter I of chapter 449 is further amended by adding at the end the following:

"$44924. Repair station security

"(a) SECURITY REVIEW AND AUDIT.-To ensure the security of maintenance and repair work conducted on air carrier aircraft and components at foreign repair stations, the Under Secretary for Border and Transportation Security of the Department of Homeland Security, in consultation with the Administrator of the Federal Aviation Administration, shall complete a security review and audit of foreign repair stations that are certified by the Administrator under part 145 of title 14, Code of Federal Regulations, and that work on air carrier aircraft and components. The review shall be completed not later than 18 months after the date on which the Under Secretary issues regulations under subsection (f).

"(b) ADDRESSING SECURITY CONCERNS.-The Under Secretary shall require a foreign repair station to address the security issues and vulnerabilities identified in a security audit conducted under subsection (a) within 90 days of providing notice to the repair station of the security issues and vulnerabilities so identified and shall notify the Administrator that a deficiency was identified in the security audit.

"(c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.

"(1) FAILURE TO CARRY OUT EFFECTIVE SECURITY MEASURES.-If, after the 90th day on which a notice is provided to a foreign repair station under subsection (b), the Under Secretary determines that the foreign repair station does not maintain and carry out effective security measures, the Under Secretary shall notify the Administrator of the determination. Upon receipt of the determination, the Administrator shall suspend the certification of the repair station until such time as the Under Secretary determines that the repair station maintains and carries out effective security measures and transmits the determination to the Administrator.

"(2) IMMEDIATE SECURITY RISK.-If the Under Secretary determines that a foreign repair station poses an immediate security risk, the Under Secretary shall notify the Administrator of the determination. Upon receipt of the determination, the Administrator shall revoke the certification of the repair station.

"(3) PROCEDURES FOR APPEALS.-The Under Secretary, in consultation with the Administrator, shall establish procedures for appealing a revocation of a certificate under this subsection.

"(d) FAILURE TO MEET AUDIT DEADLINE.—If the security audits required by subsection (a) are not completed on or before the date that is 18 months after the date on which the Under Secretary issues regulations under subsection (f), the Administrator shall be barred from certifying any foreign repair station until such audits are completed for existing stations.

"(e) PRIORITY FOR AUDITS.-In conducting the audits described in subsection (a), the Under Secretary and the Administrator shall give priority to foreign repair stations located in countries identified by the Government as posing the most significant security risks.

"(f) REGULATIONS.-Not later than 240 days after the date of enactment of this section, the Under Secretary, in consultation with the Administrator, shall issue final regulations to ensure the security of foreign and domestic aircraft repair stations.

"(g) REPORT TO CONGRESS.-If the Under Secretary does not issue final regulations before the deadline specified in subsection (f), the Under Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing an explanation as to why the deadline was not met and a schedule for issuing the final regulations.".

(2) CONFORMING AMENDMENT.-The analysis for subchapter I of chapter 449 is further amended by adding at the end the following: "44924. Repair station security.".

SEC. 612. FLIGHT TRAINING.

(a) IN GENERAL.-Section 44939 is amended to read as follows:

"$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 multiengine 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 Transpor

tation 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 Administration shall deploy Federal screeners at Kenai, Homer, and Valdez, Alaska.

TITLE VII-AVIATION RESEARCH SEC. 701. AUTHORIZATION OF APPROPRIATIONS. Section 48102(a) 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 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 Development and Prototyping;

"(1) $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, includ

ing

"(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 Development 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 activities related to reducing community exposure to civilian aircraft noise or emissions;

TERS &

ALASKA

EARCH OPRIOTIES

"(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 Development and Prototyping;

"(1) $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 Development and Prototyping;

"(1) $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 TECHNOLOGY SCHOL-
ARSHIP PROGRAM.

(a)(1) The Administrator of the Federal Aviation Administration shall establish a Federal Aviation Administration Science and Technology Scholarship Program to award scholarships to individuals that 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 Opportunities Act.

(3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (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.

(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 subsection (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, of assurances 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 Pro

gram may be utilized and shall update the list
as necessary.

(e)(1) The Administrator may provide a schol-
arship 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 program 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 attendance.

(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 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 Administrator determines that such a deferral is appropriate. The Administrator 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 disciplinary 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 repayment period may be extended by the Administrator when determined 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 individual 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 prevailing rate, as determined by the Treasurer of the United States,

multiplied by 3.

(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment

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 Education 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 available 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 endeav

ΟΥ.

SEC. 703. NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION SCIENCE AND
TECHNOLOGY SCHOLARSHIP PRO-

GRAM.

(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.

(3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (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

(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 assurances 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 program 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 attendance.

(4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation.

(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.

(A) the total amount of scholarships received by such individual under this section; plus

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 Education 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 available for 2 fiscal years.

or.

SEC. 704. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

(a) CONTINUATION OF PROGRAM.--The Administrator of the Federal Aviation Administration shall continue the program to consider awards to nonprofit concrete and asphalt pavement research foundations 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 prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs. SEC. 705. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENTS.

(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 appropriate 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-todate 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 Committee on Transportation and Infrastructure and Committee on Science.

SEC. 706. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS. The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the certification of new products.

SEC. 707. RESEARCH ON AVIATION TRAINING. Section 48102(h)(1) of title 49, United States Code, is amended

(1) by striking "or" at the end of subparagraph (B);

(2) by striking the period at the end of subparagraph (C) and inserting "; or"; and

(3) by adding at the end the following new subparagraph:

"(D) research on the impact of new technologies and procedures, particularly those related to aircraft flight deck and air traffic management functions, on training requirements for pilots and air traffic controllers.".

SEC. 708. FAA CENTER FOR EXCELLENCE FOR AP. PLIED RESEARCH AND TRAINING IN THE USE OF ADVANCED MATERIALS IN TRANSPORT AIRCRAFT.

(a) IN GENERAL.-The Administrator of the Federal Aviation Administration shall develop a Center for Excellence focused on applied research and training on the durability and maintainability of advanced materials in transport airframe structures. The Center shall

(1) promote and facilitate collaboration among academia, the Federal Aviation Administration's Transportation Division, and the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and

(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study. (b) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the Administrator $500,000 for fiscal year 2004 to carry out this section. SEC. 709. AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OF FICE.

(a) ESTABLISHMENT.-(1) The Secretary of Transportation shall establish in the Federal Aviation Administration a joint planning and development office to manage work related to the Next Generation Air Transportation System. The office shall be known as the Next Generation Air Transportation System Joint Planning and Development Office (in this section referred to as the "Office").

(2) The responsibilities of the Office shall include

(A) creating and carrying out an integrated plan for a Next Generation Air Transportation System pursuant to subsection (b);

(B) overseeing research and development on that system;

(D) coordinating aviation and aeronautics research programs to achieve the goal of more effective and directed programs that will result in applicable research;

(E) coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical firms;

(F) coordinating the development and utilization of new technologies to ensure that when available, they may be used to their fullest potential in aircraft and in the air traffic control system;

(G) facilitating the transfer of technology from research programs such as the National Aeronautics and Space Administration program and the Department of Defense Advanced Research Projects Agency program to Federal agencies with operational responsibilities and to the private sector; and

(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Commerce, and the Department of Defense.

(3) The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments and other Federal agencies.

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