II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MODIFICATION OF REQUIREMENTS REGARD4 ING TRAINING TO OPERATE AIRCRAFT. 

5 (a) ALIENS COVERED BY WAITING PERIOD.—Sub6 section (a) of section 44939(a) of title 49, United States 

7 Code, is amended—
2

•S 236 IS 

1 (1) by striking ‘‘A person subject’’ and insert2 ing: 

3 ‘‘(1) IN GENERAL.—A person subject’’; 

4 (2) by redesignating paragraphs (1) and (2) as 

5 subparagraphs (A) and (B), respectively; 

6 (3) by striking ‘‘any aircraft having a maximum 

7 certificated takeoff weight of 12,500 pounds or 

8 more’’ and inserting ‘‘an aircraft’’ in paragraph (1) 

9 as redesignated; 

10 (4) by striking ‘‘paragraph (1)’’ in paragraph 

11 (1)(B), as redesignated, and inserting ‘‘subpara12 graph (A)’’; and 

13 (5) by adding at the end the following: 

14 ‘‘(2) EXCEPTION.—The requirements of para15 graph (1) shall not apply to an alien who—

16 ‘‘(A) has earned a Federal Aviation Ad17 ministration type rating in an aircraft; or 

18 ‘‘(B) holds a current pilot’s license or for19 eign equivalent commercial pilot’s license that 

20 permits the person to fly an aircraft with a 

21 maximum certificated takeoff weight of more 

22 than 12,500 pounds as defined by the Inter23 national Civil Aviation Organization in Annex 1 

24 to the Convention on International Civil Avia25 tion.’’. 
3

•S 236 IS 

1 (b) PROCEDURES.—

2 (1) IN GENERAL.—Not later than 30 days after 

3 the date of enactment of this Act, the Attorney Gen4 eral shall promulgate regulations to implement sec5 tion 44939 of title 49, United States Code. 

6 (2) USE OF OVERSEAS FACILITIES.—In order to 

7 implement the amendments made to section 44939 

8 of title 49, United States Code, by this section, 

9 United States Embassies and Consulates that have 

10 fingerprinting capability shall provide fingerprinting 

11 services to aliens covered by that section if the At12 torney General requires their fingerprinting in the 

13 administration of that section, and transmit the fin14 gerprints to the Department of Justice and any 

15 other appropriate agency. The Attorney General 

16 shall cooperate with the Secretary of State to carry 

17 out this paragraph. 

18 (c) EFFECTIVE DATE.—Not later than 120 days 

19 after the date of enactment of this Act, the Attorney Gen20 eral shall promulgate regulations to implement the amend21 ments made by this section. The Attorney General may 

22 not interrupt or prevent the training of any person de23 scribed in section 44939(a)(1) of title 49, United States 

24 Code, who commenced training on aircraft with a max25 imum certificated takeoff weight of 12,500 pounds or less 
4

•S 236 IS 

1 before, or within 120 days after, the date of enactment 

2 of this Act unless the Attorney General determines that 

3 the person represents a risk to aviation or national secu4 rity. 

5 (d) REPORT.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary of Transportation 

7 and the Attorney General shall jointly submit to the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate and to the Committee on Transportation and In10 frastructure of the House of Representatives, a report on 

11 the effectiveness of the activities carried out under section 

12 44939 of title 49, United States Code, in reducing risks 

13 to aviation and national security.

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