49 C.F.R. § 1552.31

Current through May 31, 2024
Section 1552.31 - [Effective 7/30/2024] Security threat assessment required for flight training candidates
(a)Scope of security threat assessment. Each candidate must complete a security threat assessment and receive a Determination of Eligibility from TSA prior to initiating flight training.
(b)Information required. To apply for a security threat assessment, each candidate must submit the following, in a form and manner acceptable to TSA-
(1) Biographic and biometric information determined by TSA to be necessary for conducting a security threat assessment;
(2) Identity verification documents; and
(3) The applicable security threat assessment fee identified in § 1552.39.
(c)TSA Determination of Eligibility. TSA may issue a Determination of Eligibility to the flight training provider after conducting a security threat assessment of the candidate that includes, at a minimum-
(1) Confirmation of the candidate's identity;
(2) A check of relevant databases and other information to determine whether the candidate may pose or poses a security threat and to confirm the individual's identity;
(3) An immigration check; and
(4) An FBI fingerprint-based criminal history records check to determine whether the individual has a disqualifying criminal offense in accordance with the requirements of § 1544.229 of this subchapter.
(d)Term of TSA Determination of Eligibility.
(1) The TSA Determination of Eligibility expires 5 years after the date it was issued, unless-
(i) The candidate commits a disqualifying criminal offense described in § 1544.229(d) of this subchapter and, in such case, the Determination of Eligibility expires on the date the candidate was convicted or found not guilty by reason of insanity;
(ii) TSA determines that the candidate poses a security threat; or
(iii) The candidate's authorization to remain in the United States expires earlier than 5 years and, in such case, the Determination of Eligibility expires on the date that the candidate's authorization to remain in the United States expires. Candidates may extend the term of their Determination of Eligibility up to a total of 5 years by submitting updated documentation of authorization to remain in the United States.
(2) No candidate may engage in flight training after the expiration of the candidate's Determination of Eligibility.
(e)Processing time. TSA will process complete security threat assessment applications within 30 days.
(f)Correction of the record. A Determination of Ineligibility made by TSA on the basis of a candidate's complete and accurate record is final. If the Determination of Ineligibility was based on a record that the candidate believes is erroneous, the candidate may correct the record by submitting all missing or corrected documents, plus all additional documents or information that TSA may request, within 180 days of TSA's initial determination.

49 C.F.R. §1552.31

89 FR 35626, 7/30/2024