[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.
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