(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.

(a) A candidate may be eligible to participate in flight training if the candidate—

(1) Is lawfully admitted to the United States, or entered the United States and has been granted permission to stay by the U.S. Government, or is otherwise authorized to be employed in the United States; and

(2) Is within their period of authorized stay in the United States.

(b) A candidate who has yet to obtain a valid document issued by the United States evidencing eligibility to take flight training may be issued a preliminary Determination of Eligibility pending the individual's ability to provide proof of eligibility.

(c) A candidate who engages in a flight training event that takes place entirely outside the United States is not required to provide eligibility for flight training in the United States, but must provide any United States visas held by the candidate.

(d) Any history of denial of a United States visa may be a factor in determining whether a candidate is eligible to participate in flight training, regardless of training location.

(a) TSA may accept the results of a comparable, valid, and unexpired security threat assessment, background check, or investigation conducted by TSA or by another U.S. Government agency, which TSA generally describes as a Determination of Eligibility. A candidate seeking to rely on a comparable security threat assessment must submit documents confirming their Determination of Eligibility through the FTSP Portal, including the biographic and biometric information required under § 1552.31. TSA will post a list of acceptable comparable security threat assessments on the FTSP Portal.

(b) TSA will charge a fee to cover the costs of confirming a comparable security threat assessment, but this fee may be a reduced fee.

(c) An FTSP reduced-fee security threat assessment based on a comparable security threat assessment will be valid in accordance with § 1552.31.

(a) Imposition of fees. (1) A candidate must remit the fees required by this part, as determined by TSA, which will be published through notice in the Federal Register and posted on the FTSP Portal.

(2) Changes to the fee amounts will be published through notice in the Federal Register and posted on the FTSP Portal.

(3) TSA will publish the details of the fee methodology in the rulemaking docket.

(b) Refunding fees. TSA will not issue fee refunds unless the fee is paid in error.