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[Congressional Record: June 12, 2003 (Senate)]
[Page S7757-S7820]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr12jn03-84]                         



 
           AVIATION INVESTMENT AND REVITALIZATION VISION ACT

[ ...] 


Mr. HOLLINGS. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

    (Purpose: To modify requirements regarding training to operate 
                               aircraft)




 SEC.   . MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO 
                   OPERATE AIRCRAFT.

       (a) In General.--Section 44939 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 44939. Training to operate certain aircraft

       `'(a) In General.--
       ``(1) Waiting period.--A person subject to regulation under 
     this part may provide training in the United States in the 
     operation of an aircraft to an individual who is 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 Under Secretary of Homeland 
     Security for Border and Transportation Security only if--
       ``(A) that person has notified the Under Secretary that the 
     individual has requested such training and furnished the 
     Under Secretary with that individual's identification in such 
     form as the Under Secretary may require; and
       ``(B) the Under Secretary has not directed, within 30 days 
     after being notified under subparagraph (A), that person not 
     to provide the requested training because the Under Secretary 
     has determined that the individual presents a risk to 
     aviation security or national security.
       ``(2) Notification-only individuals.--
       ``(A) In general.--The requirements of paragraph (1) shall 
     not apply to an alien individual who holds a visa issued 
     under title I of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) and who--
       ``(i) has earned a Federal Aviation Administration type 
     rating in an aircraft or has undergone type-specific 
     training, or
       ``(ii) 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,

     if the person providing the training has notified the Under 
     Secretary that the individual has requested such training and 
     furnished the Under Secretary with that individual's visa 
     information.
       ``(B) Exception.--Subparagraph (A) does not apply to an 
     alien individual whose airman's certificate has been 
     suspended or revoked under procedures established by the 
     Under Secretary.
       ``(3) Expedited processing.--the waiting period under 
     paragraph (1) shall be expedited for an individual who--
       ``(A) has previously undergone a background records check 
     by the Foreign Terrorist Tracking Task Force;
       ``(B) is employed by a foreign air carrier certified under 
     part 129 of title 49, Code of Federal Regulations, that has a 
     TSA 1546 approved security program and who is undergoing 
     recurrent flight training;
       ``(C) is a foreign military pilot endorsed by the United 
     States Department of Defense for flight training; or
       ``(D) who has unescorted access to a secured area of an 
     airport designated under section 44936(a)(1)(A)(ii).
       ``(4) Investigation authority.--In order to determine 
     whether an individual requesting training described in 
     paragraph (1) presents a risk to aviation security or 
     national security the Under Secretary is authorized to use 
     the employment investigation authority provided by section 
     44936(a)(1)(A) for individuals applying for a position in 
     which the individual has unescorted access to a secured area 
     of an airport designated under section 449369(a)(1)(A)(ii).
       ``(5) Fee.--
       ``(A) In general.--The Under Secretary 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 years 2005 and thereafter, 
     the Under Secretary may adjust the maximum amount of

[[Page S7803]]

[ ... ] 


[ End ]





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