Guide to TSA's Alien Flight Training/Citizenship Validation Rule from AOPA
For aircraft weighing less than 12,500 pounds, these requirements apply only to flight training for a recreational pilot, sport pilot, private pilot, instrument rating, or multiengine rating.
Use
the links and information on this page to learn how TSA's alien flight
training/citizenship validation rule affects you. Whether you are a
pilot or flight instructor, U.S. citizen, or alien, this page is
designed to allow you access to the information you need to know. As
you read down the page, you will find information relevant to the rule
including TSA clarifications and questions and answers.
Significant Provisions/Clarifications
TSA Recurrent Security Awareness Training Module
Active
flight instructors, ground instructors, and flight school employees now
have a means available to complete the TSA's recurrent security
awareness training. TSA offers an online training module, "Recurrent Flight School Security Awareness Training," which can be used to fulfill the recurrent training requirements or to develop an alternate training program.
Recurrent Security Awareness Training Exemption
TSA issued an exemption
that the required recurrent security awareness training occurs in the
same month as the initial security awareness training. Under this
exemption, flight schools and independent instructors are allowed to
complete their first recurrent security awareness training within 18
months of their initial security awareness training.
TSA Clarification of "Flight Training"
TSA has provided clarification on the definition of "flight training"
for aircraft with an MTOW of 12,500 pounds or less; it now only
includes flight training for a recreational pilot, sport pilot, or
private pilot certificate; multiengine rating (at any level); or
instrument rating.
TSA Defines "Recurrent Training"
TSA interprets the definition of "recurrent training"
to NOT include any flight review, proficiency check, or other check
whose purpose is to review rules, maneuvers, or procedures or to
demonstrate a pilot's existing skills.
Security Awareness Training — Applicability
TSA
has clarified the applicability of the Security Awareness Training.
Current and active instructors are required to have taken the training
by January 18, 2005. Those who failed to meet this deadline should
comply with this requirement as soon as possible. Current and inactive
instructors are not required to take the training, but it is
recommended. Expired instructors are not required to complete the
training.
- Security Awareness Training Certificates
Many people have been unable to print the Flight School Security Awareness (FSSA) training completion certificate at the end of the training module. Therefore, the following forms have been provided for individuals to be able to document their completion of the TSA required FSSA training. The documentation requirements are slightly different, depending on whether you are an independent CFI [PDF document] or a CFI/employee of a flight school [PDF document]. For those who are still unable to print a certificate using this method, an endorsement may be made in that person's logbook or other record to show compliance with the training. It is imperative that the same wording provided on these certificates is used when making this endorsement. - Enforcement of Security Awareness Training Compliance
According to the TSA rule, flight school employees (and flight instructors) not in compliance may be subject to civil penalties under federal regulations. TSA may also deal with violators by issuing verbal warnings and/or written notices. TSA considers each day a person operates in violation to the requirements of the rule an additional occurrence subject to penalty.Definitions
Alien. Any person not a citizen or national of the United States. This also refers to resident aliens (green-card holders) and visa holders in the United States.
Aircraft Simulator. A flight simulator or flight training device as defined by 14 CFR 61.1.
Candidate. An alien or other individual designated by TSA who applies for flight training. It does not include an individual endorsed by the Department of Defense for flight training.
Flight School. Any pilot, flight training center, air carrier flight training facility, or flight instructor certificated under 14 CFR Part 61, 121, 135, 141, or 142; or any other person or entity that provides instruction under 49 U.S.C. Subtitle VII, Part A, in the operation of any aircraft or aircraft flight simulator. This also includes any individual or entity located outside the United States that provides such instruction. For example, a flight school located in Canada that provides instruction in the operation of an aircraft or aircraft simulator that would enable an individual to receive a U.S. airman certificate is subject to this rule.
Flight Training. The TSA rule initially defined "flight training" as instruction received from a flight school in an aircraft or aircraft simulator that a candidate could use toward a new airman certificate or type rating. On January 5, 2005, TSA clarified the definition to include only three types of training that substantially enhance piloting skills. The first is training that a candidate could use toward a recreational, sport, or private pilot certificate because such training provides a candidate with basic piloting skills. The second is training that a candidate could use toward a multiengine rating because such training provides a pilot access to larger, faster aircraft. The third is training that a candidate could use toward an instrument rating because such training enhances a pilot's abilities to pilot an aircraft in bad weather and enables a pilot to better understand the instruments and physiological experiences of flying without reference to visual cues outside the aircraft. Recurrent training, such as flight reviews and instrument proficiency checks, are exempt from the rule, as well as flight training listed under 14 CFR 61.31.Flight Schools and Flight Instructors
Whether providing flight training to U.S. citizens or aliens, all active flight instructors must complete the TSA Initial Security Awareness Training prior to giving any further flight or ground instruction. Ground instructors and administrative personnel who come into direct contact with flight students must also complete this training. CFIs who have current certificates but are not actively involved in teaching, and CFIs whose certificates have expired, are encouraged to take the free training but not required.
Additionally, active flight instructors, ground instructors, and flight school employees now have a means available to complete the TSA's recurrent security awareness training. TSA posted an online training module, which can be used to fulfill the recurrent training requirements or to develop an alternate training program.
