49 U.S.C. § 44939 — Training to operate certain aircraft

(a) Waiting period for large aircraft. A flight instructor, pilot school, aviation training center, or other person covered by this part may train an individual who is an "alien" (as defined in section 101(a)(3) of the Immigration and Nationality Act; this section does not define that term), or another individual named by the Secretary of Homeland Security, to operate an aircraft with a maximum certificated takeoff weight above 12,500 pounds only after two things happen. First, the trainer must notify the Secretary that the individual requested the training and submit the required information: the individual’s full name and aliases or spelling variations; passport and visa information; citizenship; birth date; training dates; and fingerprints collected by or under the supervision of a law-enforcement agency or another entity approved by the FBI or the Secretary, including fingerprints taken by United States Government personnel at an embassy or consulate. Second, within 30 days after receiving the notice, the Secretary must not have directed the trainer not to provide the training because the Secretary determined that the individual presents a risk to aviation or national security.

(b) Interrupting training. If, more than 30 days after receiving the notice, the Secretary determines that the individual presents a risk to aviation or national security, the Secretary must immediately notify the trainer of that determination, and the trainer must immediately end the training.

(c) Notification for smaller aircraft. A covered trainer may train an "alien" (as defined in section 101(a)(3) of the Immigration and Nationality Act; this section does not define that term), or another individual named by the Secretary, to operate an aircraft with a maximum certificated takeoff weight of 12,500 pounds or less only if the trainer has notified the Secretary that the individual requested the training and provided the individual’s identification in the form the Secretary requires.

(d) Faster processing. The Secretary must create a process ensuring that the waiting period under subsection (a) does not exceed 5 days for an "alien" (as defined in section 101(a)(3) of the Immigration and Nationality Act; this section does not define that term) who: (1) holds a foreign airman’s certificate recognized by a United States agency, including a military agency, that permits operation of a multi-engine aircraft above 12,500 pounds; (2) is employed by a foreign air carrier certified under part 129 of title 14, Code of Federal Regulations, with a security program approved under section 1546 of title 49, Code of Federal Regulations; (3) has unescorted access to a secured airport area designated under section 44936(a)(1)(A)(ii); or (4) belongs to a class that the Secretary has determined presents minimal risk because of the aviation training already possessed by that class.

(e) Meaning of “training.” In subsection (a), “training” means training received from an instructor in an aircraft or aircraft simulator. It does not include recurrent training, ground training, or demonstration flights for marketing purposes.

(f) Exception for 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 who seeks the training described in subsection (e) in the United States.

(g) Fee. (1) The Secretary may charge a fee for an investigation under this section of no more than $100 per individual, not counting the cost of transmitting fingerprints collected at overseas facilities, during fiscal years 2003 and 2004. For fiscal year 2005 and later, the Secretary may adjust the maximum fee to reflect the investigation’s costs. (2) Despite section 3302 of title 31, each fee collected under this section must be credited to the Treasury account from which the expenses were paid and made available to the Secretary for those expenses, and remains available until spent.

(h) Cooperation between agencies. The Attorney General, the Director of Central Intelligence, and the Administrator of the Federal Aviation Administration must cooperate with the Secretary in carrying out this section.

(i) Security awareness training. The Secretary must 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.