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A lesser known component of TSA’s efforts to vet pilots (whether they be GA pilots, charter pilots, or airline pilots), aircraft mechanics, and dispatchers is the use of threat assessments to screen holders of and applicants for FAA certificates, ratings, or authorizations. Rules pertaining to the security threat assessments for FAA certificate holders and applicants were promulgated on January 24, 2003.65 Under these rules, the TSA notifies the FAA whenever a FAA certificate holder or applicant is determined to present a security threat. The FAA, in turn, will deny, suspend, or revoke the individual’s FAA certificate as appropriate. While parallel rules were initially issued to carry out security threat assessments for both alien applicants and citizen applicants, the rule pertaining to U.S. citizens was criticized because it lacked adequate safeguards for redress and remedy if FAA certificate actions were taken in response to what the TSA determined to be a security threat. Critics argued that the rule gave the TSA significant power over the issuance of pilot certificates and other aviation credentials without any oversight or redress for the TSA to demonstrate the specific evidence or basis for its decision to identify a certificate holder or applicant as a security threat.66 In response to concerns raised regarding the TSA’s power over security-related certificate actions and the lack of an adequate redress process, Vision 100 (P.L. 108-176, Sec.601) mandated the TSA to establish a redress and remedy process entitling U.S. citizens subject to certificate action on the basis of a security threat assessment to a formal redress hearing before an administrative law judge and an appeals process before a panel convened by the Transportation Security Oversight Board. The TSA has not yet issued revised rulemaking to conform with the statutory requirements set forth in Vision 100, and therefore, existing regulations to enforce FAA certificate actions on the basis of security threat assessments no longer apply to U.S. citizens.67 However, security threat assessments for alien FAA certificate holders and applicants remains unchanged.
Although security threat assessments for citizen pilots, mechanics and other FAA certificate holders and applicants has been suspended until the TSA develops a process and issues rulemaking to conform with statutory requirements for redress and remedy, regulations still require fingerprint-based criminal history records checks for charter pilots who fly aircraft weighing more than 12,500 pounds.68 However, other GA pilots – who make up the majority of the more than 600,000 active pilots in the United States – are not required to submit to any formal background screening or checks. Some critics of background checks and vetting maintain that they are costly and an unnecessary intrusion into the privacy of citizens. On a pragmatic level, some question whether background checks for GA are needed at all, particularly at small, rural airports where pilots, ramp workers, and others who
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Securing General Aviation(29)
