[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2988 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2988
To amend title 49, United States Code, to provide for the regulation of
flight schools and flight school applicants for the purposes of
enhancing national security and aviation safety, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2001
Mr. Deutsch (for himself, Mr. Kingston, Mr. Ford, Mr. Simmons, and Mr.
Frost) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide for the regulation of
flight schools and flight school applicants for the purposes of
enhancing national security and aviation safety, 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 ``Flight School Security Act of
2001''.
SEC. 2. REGULATION OF FLIGHT SCHOOLS BY FAA.
Section 44707 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Administrator''; and
(2) by adding at the end the following:
``(b) Regulation of Flight Schools and Flight School Students.--
``(1) Review.--Not later than 90 days after the date of
enactment of this subsection, the Administrator shall conduct a
comprehensive review of practices of schools described in
subsection (a)(1) that relate to eligibility for enrollment.
``(2) Regulations and report.--Not later than 180 days
after the date of enactment of this subsection, the
Administrator shall--
``(A) issue regulations to prevent the providing of
instruction in flying aircraft by schools described in
subsection (a)(1) to individuals that the Administrator
determines are a threat to security; and
``(B) 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 on the schedule for
implementation of such regulations.
``(3) Issuance of flight school certification cards.--The
regulations issued under this subsection shall prohibit an
individual from enrolling or being enrolled in a school
described in subsection (a)(1) for instruction as a pilot of an
aircraft unless the individual has a card issued by the
Administrator that certifies that the individual is eligible
for such instruction (in this subsection referred to as a
`certification card').
``(4) Eligibility for flight school certification card.--
Under the regulations issued under this subsection, the
Administrator may issue a certification card to an individual
only if--
``(A) the individual submits to the Administrator a
set of fingerprints and--
``(i) proof of identity; and
``(ii)(I) proof that the individual is a
citizen or national of the United States; or
``(II) in any case in which the individual
is not a citizen or national of the United
States, proof that assists the Administrator in
carrying out subparagraph (B);
``(B) in any case in which the individual is not a
citizen or national of the United States, the
Administrator, in consultation with the Attorney
General, verifies that the individual--
``(i) is, or on the date of proposed
enrollment is expected to be, lawfully admitted
to the United States as an immigrant or
nonimmigrant;
``(ii) is not, as of the date the
verification is made, described in section
212(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)) or 237(a)(4) of such
Act (8 U.S.C. 1227(a)(4)); and
``(iii) is not, and on the date of proposed
enrollment is not expected to be, otherwise
ineligible to so enroll due to immigration
status;
``(C) the Administrator, in coordination with the
Attorney General, the Director of the Central
Intelligence Agency, and the Secretary of State,
conducts a background review of the applicant and
determines as a result of such review that the
individual is not a security threat; and
``(D) the Administrator forwards the fingerprints
submitted under subparagraph (A) to the Criminal
Justice Services Division of the Federal Bureau of
Investigation.
``(5) Form of proof; supporting documentation.--Proof to be
submitted to the Administrator under paragraph (4)(A) shall be
in such form and contains such supporting documentation as the
Administrator may require, including documents described in
paragraphs (6), (7), and (8).
``(6) Citizenship or nationality documents.--A document
submitted as proof that an individual is a citizen or national
of the United States may include an individual's--
``(A) United States passport;
``(B) original or certified copy of a birth
certificate issued by a State, county, municipal
authority, or outlying possession of the United States
bearing an official seal;
``(C) certificate of naturalization;
``(D) certificate of citizenship;
``(E) certificate of noncitizen national status; or
``(F) such other document as the Attorney General
may designate as being appropriate.
``(7) Documents establishing identity of individual.--A
document submitted as proof of the identity of an individual
may include the individual's--
``(A) driver's license or similar document issued
for the purpose of identification by a State if it
contains a photograph of the individual or such other
personal identifying information relating to the
individual as the Administrator, in consultation with
the Attorney General, finds sufficient for purposes of
this subsection; or
``(B) in the case of individuals under 16 years of
age or in a State that does not provide for issuance of
an identification document (other than a driver's
license) referred to in subparagraph (A), documentation
of personal identity of such other type as the
Administrator, in consultation with the Attorney
General, finds provides a reliable means of
identification.
``(8) Documents assisting immigration status
verification.--The documents submitted for purposes of
assisting the Administrator in carrying out paragraph (4)(B)
may include--
``(A) one or more immigration documents evidencing
a current or prospective satisfactory immigration
status as the Administrator, in consultation with the
Attorney General, finds sufficient for purposes of
paragraph (4)(A)(ii)(II); and
``(B) an identity document that contains a
photograph of the individual and such other personal
identifying information relating to the individual as
the Administrator, in consultation with the Attorney
General, finds sufficient for purposes of such
paragraph.
``(9) Nature and period of validity of certification
card.--Under the regulations issued under this subsection, a
certification card shall--
``(A) be a nonreproducible identification card
containing photo identification, a unique personal
certification number, and such pertinent identification
information as the Administrator determines
appropriate; and
``(B) shall be valid for a period of 5 years, and
renewable for additional 5-year periods following an
updated background review of an applicant for renewal.
``(10) Responsibilities of schools.--Under the regulations
issued under this subsection, a school described in subsection
(a)(1) may not enroll an individual for instruction in flying
an aircraft unless--
``(A) the individual presents the individual's
certification card (or a photostatic representation of
the card) to the school;
``(B) the school submits a copy of the card or such
other information as the Administrator may require to
the Administrator for verification of its validity;
``(C) the Administrator verifies that the card is
valid;
``(D) the school retains a copy of the card for a
period not less than 5 years; and
``(E) after verification of the validity of the
card, the school notifies the Administrator of the date
on which the individual will be so enrolled.
``(11) Deadlines.--The Administrator shall--
``(A) issue a certification card under this
subsection not later than 30 days after the date the
Administrator receives an application for issuance of
the card; and
``(B) determine the validity of a certification
card issued under this subsection, and notify the
school requesting the determination of such validity,
not later than 7 days after the date of such request.
``(12) Database.--
``(A) In general.--The Administrator shall maintain
electronic database of individuals to whom
certification cards are issued under this subsection
and individuals enrolled in schools described in
subsection (a)(1) for instruction in flying aircraft.
The database shall include the dates and results of
background reviews conducted with respect to such
individuals under this subsection.
``(B) Updating.--The Administrator, in cooperation
with the Attorney General, the Director of the Central
Intelligence Agency, and the Secretary of State, shall
update and monitor the database to prevent the
enrollment of an individual for instruction in flying
aircraft who are determined by the Administrator to be
a threat to security.
``(C) Coordination.--The Administrator shall
establish an Internet based system to coordinate
reporting and review of certification cards between the
Administrator and schools described in subsection
(a)(1). The Administrator shall coordinate such system
with the database.
``(13) Disqualification.--
``(A) In general.--The Administrator may issue to
an owner or operator of a school that violates
paragraph (10) more than 3 times an order to disqualify
the owner or operator from owning and operating such a
school.
``(B) Procedures for reinstatement.--The
Administrator shall establish a procedure for
reinstating the authority, to own or operate a school
described in subsection (a)(1), of an owner or operator
that has been disqualified under this paragraph.
``(14) Fees and charges.--The Administrator shall establish
reasonable fees and charges to pay expenses incurred in issuing
certification cards and conducting background reviews under
this subsection. Such fees and charges may not exceed $100 per
card and review. Money collected under this subsection shall be
credited to the account in the Treasury from which expenses
were incurred and are available to the Administrator for those
expenses.
``(15) Background review defined.--In this section, the
term `background review', commonly known as an indices check,
means a review of the latest information available to and
provided by the Director of Central Intelligence, the Secretary
of State, the Attorney General, and the Director of the Federal
Bureau of Investigation regarding personal background,
including information relating to any history of criminal
activity or to any evidence of espionage or terrorism and a
fingerprint-based criminal history background check by the
Criminal Justice Services Division of the Federal Bureau of
Investigation.''.
SEC. 3. CIVIL PENALTY.
Section 46301 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A) by striking ``44717'' and
inserting ``44707(b)(10), 44717,'';
(2) by adding at the end of subsection (a) the following:
``(8) Owners and operators of flight schools.--An owner or
operator of a school is liable to the Government for a civil
penalty of $3,000 for a first violation of section
44707(b)(10), $5,000 for a second violation of such section,
and $7,000 for each violation of such section thereafter.'';
and
(3) in subsection (f)(1)(A)(i) by striking ``44717'' and
inserting ``44707(b)(10), 44717,''.
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