[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,''.
                                 <all>