632 
(A) shall receive a copy of a record received from the Attorney 
General; and 
(B) may complete and correct the information contained in the 
check before a final employment decision is made based on the 
check. 
(d) FEES AND CHARGES.—The Administrator and the Attorney General 
shall establish reasonable fees and charges to pay expenses incurred in car-
rying out this section. The employer of the individual being investigated 
shall pay the costs of a record check of the individual. Money collected 
under this section shall be credited to the account in the Treasury from 
which the expenses were incurred and are available to the Administrator 
and the Attorney General for those expenses. 
(e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—This 
section does not require an investigation or record check when the investiga-
tion or record check is prohibited by a law of a foreign country. 
§ 40955. Prohibition on transferring duties and powers 
Except as specifically provided by law, the Administrator may not trans-
fer a duty or power under section 40913(a), (b), (c), or (e), 40916, 
40922(a) through (c), 40953(a) through (k), 40954, or 40956(b)(2) of this 
title. 
§ 40956. Reports 
(a) TRANSPORTATION SECURITY.—Not later than March 31 of each year, 
the Secretary shall submit to Congress a report on transportation security 
with recommendations the Secretary considers appropriate. The report shall 
be prepared in conjunction with the biennial report the Administrator sub-
mits under subsection (b) in each year the Administrator submits the bien-
nial report, but may not duplicate the information submitted under sub-
section (b) or section 40917(a)(3) of this title. The Secretary may submit 
the report in classified and unclassified parts. The report shall include— 
(1) an assessment of trends and developments in terrorist activities, 
methods, and other threats to transportation; 
(2) an evaluation of deployment of explosive detection devices; 
(3) recommendations for research, engineering, and development ac-
tivities related to transportation security, except research engineering 
and development activities related to aviation security to the extent 
those activities are covered by the national aviation research plan re-
quired under section 44501(c) of title 49; 
(4) identification and evaluation of cooperative efforts with other de-
partments, agencies, and instrumentalities of the United States Gov-
ernment; 
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(5) an evaluation of cooperation with foreign transportation and se-
curity authorities; 
(6) the status of the extent to which the recommendations of the 
President’s Commission on Aviation Security and Terrorism have been 
carried out and the reasons for delay in carrying out those rec-
ommendations; 
(7) an assessment of financial and staffing requirements, and attain-
ment of existing staffing goals, for carrying out duties and powers of 
the Administrator relating to security; and 
(8) appropriate legislative and regulatory recommendations. 
(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.— 
The Administrator shall submit biennially to Congress a report on the effec-
tiveness of procedures under section 40911 of this title that includes— 
(1) a summary of the assessments conducted under section 
40917(a)(1) and (2) of this title; and 
(2) an assessment of the steps being taken, and the progress being 
made, in ensuring compliance with section 40916 of this title for each 
foreign air carrier security program at airports outside the United 
States— 
(A) at which the Administrator decides that Foreign Security 
Liaison Officers are necessary for air transportation security; and 
(B) for which extraordinary security measures are in place. 
§ 40957. Training to operate certain aircraft 
(a) WAITING PERIOD.— 
(1) DEFINITION OF TRAINING.—In this subsection, the term ‘‘train-
ing’’— 
(A) means training received from an instructor in an aircraft 
or aircraft simulator; but 
(B) does not include recurrent training, ground training, or 
demonstration flights for marketing purposes. 
(2) REQUIREMENTS.—A person operating as a flight instructor, pilot 
school, or aviation training center or subject to regulation under part 
A of subtitle VII of title 49 may provide training in the operation of 
an aircraft having a maximum certificated takeoff weight of more than 
12,500 pounds to an alien (as defined in section 101(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a))) or to another indi-
vidual specified by the Secretary only if— 
(A) that person has first notified the Secretary that the alien 
or individual has requested training and submitted to the Sec-
retary, in the form the Secretary prescribes, the following informa-
tion about the alien or individual: 
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(i) Full name, including aliases used by the applicant or 
variations in spelling of the applicant’s name. 
(ii) Passport and visa information. 
(iii) Country of citizenship. 
(iv) Date of birth. 
(v) Dates of training. 
(vi) Fingerprints collected by, or under the supervision of, 
a Federal, State, or local law enforcement agency or by an-
other entity approved by the Federal Bureau of Investigation 
or the Secretary, including fingerprints taken by United 
States Government personnel at a United States embassy or 
consulate; and 
(B) the Secretary has not directed, within 30 days after being 
notified under subparagraph (A), 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, 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 part A of 
subtitle VII of title 49 may provide training in the operation of an aircraft 
having a maximum certificated takeoff weight of 12,500 pounds or less to 
an alien (as defined in section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) or to another individual specified by the Secretary 
only if that person has notified the Secretary that the individual has re-
quested the training and furnished the Secretary with that individual’s iden-
tification in the form the Secretary requires. 
(d) EXPEDITED PROCESSING.—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) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a))) who— 
(1) holds an airman’s certification of a foreign country that is recog-
nized 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 
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program approved under part 1546 of title 49, Code of Federal Regula-
tions; 
(3) is an individual that has unescorted access to a secured area of 
an airport designated under section 40954(a)(1)(A)(ii) of this title; or 
(4) is an individual that is part of a class of individuals that the Sec-
retary has determined that providing aviation training to presents mini-
mal risk to aviation or national security because of the aviation train-
ing already possessed by the class of individuals. 
(e) NONAPPLICABILITY TO CERTAIN FOREIGN MILITARY PILOTS.—The 
procedures and processes required by subsections (a) through (d) do 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 sub-
section (a)(1) in the United States. 
(f) FEE.— 
(1) IN GENERAL.—The Secretary may assess a fee for an investiga-
tion under this section. The Secretary may adjust the maximum 
amount of the fee to reflect the costs of an investigation. 
(2) OFFSET.—Notwithstanding section 3302 of title 31, a fee col-
lected 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) remains available until expended. 
(g) INTERAGENCY COOPERATION.—The Attorney General, the Director of 
National Intelligence, and the Administrator of the Federal Aviation Admin-
istration shall cooperate with the Secretary in implementing this section. 
(h) 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 cir-
cumstances and activities of individuals enrolling in or attending flight 
school. 
§ 40958. Security service fee 
(a) GENERAL AUTHORITY.— 
(1) PASSENGER FEES.—The Administrator shall impose a uniform 
fee, on passengers of air carriers and foreign air carriers in air trans-
portation and intrastate air transportation originating at airports in 
the United States, to pay for the following costs of providing civil avia-
tion security services: 
(A) Salary, benefits, overtime, retirement and other costs of 
screening personnel, their supervisors and managers, Federal law 
enforcement personnel, and State and local law enforcement offi-
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