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[Congressional Record: October 29, 2003 (House)]
[Page H10008-H10054]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr29oc03-42]
CONFERENCE REPORT ON H.R. 2115, VISION 100-CENTURY OF AVIATION
REAUTHORIZATION ACT
Mr. MICA submitted the following conference report and statement on
the bill (H.R. 2115) to amend title 49, United States Code, to
reauthorize programs for the Federal Aviation Administration, and for
other purposes:
Conference Report (H. Rept. 108-334)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2115), to amend title 49, United States Code, to reauthorize
programs for the Federal Aviation Administration, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
[ ... ]
SEC. 612. FLIGHT TRAINING.
(a) In General.--Section 44939 is amended to read as
follows:
``Sec. 44939. Training to operate certain aircraft
``(a) Waiting Period.--A person operating as a flight
instructor, pilot school, or aviation training center or
subject to regulation under this part may provide training
in the operation of any aircraft having a maximum
certificated takeoff weight of more than 12,500 pounds to
an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or
to any other individual specified by the Secretary of
Homeland Security only if--
``(1) that person has first notified the Secretary that the
alien or individual has requested such training and submitted
to the Secretary, in such form as the Secretary may
prescribe, the following information about the alien or
individual:
``(A) full name, including any aliases used by the
applicant or variations in spelling of the applicant's name;
``(B) passport and visa information;
``(C) country of citizenship;
``(D) date of birth;
``(E) dates of training; and
[[Page H10031]]
``(F) fingerprints collected by, or under the supervision
of, a Federal, State, or local law enforcement agency or by
another entity approved by the Federal Bureau of
Investigation or the Secretary of Homeland Security,
including fingerprints taken by United States Government
personnel at a United States embassy or consulate; and
``(2) the Secretary has not directed, within 30 days after
being notified under paragraph (1), that person not to
provide the requested training because the Secretary has
determined that the individual presents a risk to aviation or
national security.
``(b) Interruption of Training.--If the Secretary of
Homeland Security, more than 30 days after receiving
notification under subsection (a) from a person providing
training described in subsection (a), determines that the
individual presents a risk to aviation or national security,
the Secretary shall immediately notify the person providing
the training of the determination and that person shall
immediately terminate the training.
``(c) Notification.--A person operating as a flight
instructor, pilot school, or aviation training center or
subject to regulation under this part may provide training in
the operation of any aircraft having a maximum certificated
takeoff weight of 12,500 pounds or less to an alien (as
defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) or to any other
individual specified by the Secretary of Homeland Security
only if that person has notified the Secretary that the
individual has requested such training and furnished the
Secretary with that individual's identification in such form
as the Secretary may require.
``(d) Expedited Processing.--Not later than 60 days after
the date of enactment of this section, the Secretary shall
establish a process to ensure that the waiting period under
subsection (a) shall not exceed 5 days for an alien (as
defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) who--
``(1) holds an airman's certification of a foreign country
that is recognized by an agency of the United States,
including a military agency, that permits an individual to
operate a multi-engine aircraft that has a certificated
takeoff weight of more than 12,500 pounds;
``(2) is employed by a foreign air carrier that is
certified under part 129 of title 14, Code of Federal
Regulations, and that has a security program approved under
section 1546 of title 49, Code of Federal Regulations;
``(3) is an individual that has unescorted access to a
secured area of an airport designated under section
44936(a)(1)(A)(ii); or
``(4) is an individual that is part of a class of
individuals that the Secretary has determined that providing
aviation training to presents minimal risk to aviation or
national security because of the aviation training already
possessed by such class of individuals.
``(e) Training.--In subsection (a), the term `training'
means training received from an instructor in an aircraft or
aircraft simulator and does not include recurrent training,
ground training, or demonstration flights for marketing
purposes.
``(f) Nonapplicability to Certain Foreign Military
Pilots.--The procedures and processes required by subsections
(a) through (d) shall not apply to a foreign military pilot
endorsed by the Department of Defense for flight training in
the United States and seeking training described in
subsection (e) in the United States.
``(g) Fee.--
``(1) In general.--The Secretary of Homeland Security may
assess a fee for an investigation under this section, which
may not exceed $100 per individual (exclusive of the cost of
transmitting fingerprints collected at overseas facilities)
during fiscal years 2003 and 2004. For fiscal year 2005 and
thereafter, the Secretary may adjust the maximum amount of
the fee to reflect the costs of such an investigation.
``(2) Offset.--Notwithstanding section 3302 of title 31,
any fee collected under this section--
``(A) shall be credited to the account in the Treasury from
which the expenses were incurred and shall be available to
the Secretary for those expenses; and
``(B) shall remain available until expended.
``(h) Interagency Cooperation.--The Attorney General, the
Director of Central Intelligence, and the Administrator of
the Federal Aviation Administration shall cooperate with the
Secretary in implementing this section.
``(i) Security Awareness Training for Employees.--The
Secretary shall require flight schools to conduct a security
awareness program for flight school employees to increase
their awareness of suspicious circumstances and activities of
individuals enrolling in or attending flight school.''.
(b) Procedures.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall promulgate an interim final rule to implement section
44939 of title 49, United States Code, as amended by
subsection (a).
(2) Use of overseas facilities.--In order to implement
section 44939 of title 49, United States Code, as amended by
subsection (a), United States Embassies and Consulates that
possess appropriate fingerprint collection equipment and
personnel certified to capture fingerprints shall provide
fingerprint services to aliens covered by that section if the
Secretary requires fingerprints in the administration of that
section, and shall transmit the fingerprints to the Secretary
or other agency designated by the Secretary. The Attorney
General and the Secretary of State shall cooperate with the
Secretary of Homeland Security in carrying out this
paragraph.
(3) Use of united states facilities.--If the Secretary of
Homeland Security requires fingerprinting in the
administration of section 44939 of title 49, United States
Code, the Secretary may designate locations within the United
States that will provide fingerprinting services to
individuals covered by that section.
(c) Effective Date.--The amendment made by subsection (a)
takes effect on the effective date of the interim final rule
required by subsection (b)(1).
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the
effectiveness of the activities carried out under section
44939 of title 49, United States Code, in reducing risks
to aviation security and national security.
[ ... ]
[ End ]
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