[Congressional Record Volume 149, Number 16 (Wednesday, January 29, 2003)]
[Senate]
[Page S1740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida (for himself, Mr. Corzine, Mr. Thomas, 
        Mrs. Feinstein, and Mr. Enzi):
  S. 236. 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; to the Committee on Commerce, 
Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I rise to re-introduce 
legislation that would close a serious loophole in the current law 
regulating background checks of alien flight school applicants. This 
legislation was passed by the Senate last session but was not taken up 
by the House.
  It is crucial that we close this loophole in the Aviation and 
Transportation Security Act that allows foreign flight school 
applicants to train on small planes without being subjected to a 
background check.
  As we all know, in the wake of the September 11 terrorist attacks, it 
was discovered that many of the hijackers received flight training in 
the United States. In addition, Zacarias Moussaoui, the alleged ``20th 
hijacker,'' was apprehended by investigators in Minnesota after 
accounts that he was only interested in learning to fly, not land, an 
airplane.
  Section 113 of the Aviation and Transportation Security Act, which 
was enacted in the 107th Congress, requires background checks of all 
foreign flight school applicants seeking training to operate aircraft 
weighing 12,500 pounds or more. While this provision should help ensure 
that events like the September 11 attacks are not performed by U.S.-
trained pilots using hijacked jets in the future, it does nothing to 
prevent different types of potential attacks against our domestic 
security.
  Last year, the FBI issued a terrorism warning indicating that small 
planes might be used to carry out suicide attacks. Small aircraft can 
be used by terrorists to attack nuclear facilities, carry explosives, 
or deliver biological or chemical agents. For example, if a crop duster 
filled with a combination of fertilizers and explosives were crashed 
into a filled sporting event stadium thousands of people could be 
seriously injured or killed. We cannot allow this to happen. We need to 
ensure that we are not training terrorists to perform these activities. 
We cannot allow critical warnings to go unheeded.
  My legislation would close the loophole and answer the critical 
warnings issued by the FBI. At the same time, this amendment would 
provide an exception to the background check requirement for foreign 
pilots who already hold a pilot's license or foreign equivalent 
allowing them to fly large aircraft in and out of the United States. 
Foreign pilots who have already been approved to land large jets at 
U.S. airports need not be required to undergo additional background 
checks.
  I am once again joined in this effort to close this dangerous 
loophole in the Aviation and Transportation Security Act by Senators 
Corzine, Enzi, Feinstein, and Thomas, and I look forward to the 
Senate's prompt consideration of this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 236

       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.
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