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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[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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