[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 236 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 236

To require background checks of alien flight school applicants without 
  regard to the maximum certificated weight of the aircraft for which 
they seek training, and to require a report on the effectiveness of the 
                              requirement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2003

   Mr. Nelson of Florida (for himself, Mr. Corzine, Mr. Thomas, Mrs. 
Feinstein, and Mr. Enzi) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To require background checks of alien flight school applicants without 
  regard to the maximum certificated weight of the aircraft for which 
they seek training, and to require a report on the effectiveness of the 
                              requirement.

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

SECTION 1. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO OPERATE 
              AIRCRAFT.

    (a) Aliens Covered by Waiting Period.--Subsection (a) of section 
44939(a) of title 49, United States Code, is amended--
            (1) by striking ``A person subject'' and inserting:
            ``(1) In general.--A person subject'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (3) by striking ``any aircraft having a maximum 
        certificated takeoff weight of 12,500 pounds or more'' and 
        inserting ``an aircraft'' in paragraph (1) as redesignated;
            (4) by striking ``paragraph (1)'' in paragraph (1)(B), as 
        redesignated, and inserting ``subparagraph (A)''; and
            (5) by adding at the end the following:
            ``(2) Exception.--The requirements of paragraph (1) shall 
        not apply to an alien who--
                    ``(A) has earned a Federal Aviation Administration 
                type rating in an aircraft; or
                    ``(B) holds a current pilot's license or foreign 
                equivalent commercial pilot's license that permits the 
                person to fly an aircraft with a maximum certificated 
                takeoff weight of more than 12,500 pounds as defined by 
                the International Civil Aviation Organization in Annex 
                1 to the Convention on International Civil Aviation.''.
    (b) Procedures.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Attorney General shall promulgate 
        regulations to implement section 44939 of title 49, United 
        States Code.
            (2) Use of overseas facilities.--In order to implement the 
        amendments made to section 44939 of title 49, United States 
        Code, by this section, United States Embassies and Consulates 
        that have fingerprinting capability shall provide 
        fingerprinting services to aliens covered by that section if 
        the Attorney General requires their fingerprinting in the 
        administration of that section, and transmit the fingerprints 
        to the Department of Justice and any other appropriate agency. 
        The Attorney General shall cooperate with the Secretary of 
        State to carry out this paragraph.
    (c) Effective Date.--Not later than 120 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations to implement the amendments made by this section. The 
Attorney General may not interrupt or prevent the training of any 
person described in section 44939(a)(1) of title 49, United States 
Code, who commenced training on aircraft with a maximum certificated 
takeoff weight of 12,500 pounds or less before, or within 120 days 
after, the date of enactment of this Act unless the Attorney General 
determines that the person represents a risk to aviation or national 
security.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation and the Attorney General 
shall jointly submit to the Committee on Commerce, Science, and 
Transportation of the Senate and to the Committee on Transportation and 
Infrastructure of the House of Representatives, a report on the 
effectiveness of the activities carried out under section 44939 of 
title 49, United States Code, in reducing risks to aviation and 
national security.
                                 <all>