cfr_sections
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12 rows where part_number = 105 and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 28:28:2.0.1.1.44.2.31.1 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.10 Definitions, purpose, and scope. | DOJ | (a) Definitions. ATSA means the Aviation and Transportation Security Act, Public Law 107-71. Candidate means any person who is an alien as defined in section 101(a)(3) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(3), or a person specified by the Under Secretary of Transportation for Security, who seeks training in the operation of an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more from a Provider. Certificates with ratings recognized by the United States means a valid pilot or flight engineer certificate with ratings issued by the United States, or a valid foreign pilot or flight engineer license issued by a member of the Assembly of the International Civil Aviation Organization, as established by Article 43 of the Convention on International Civil Aviation. Notification means providing the information required under this regulation in the format and manner specified. Provider means a person or entity subject to regulation under Title 49 Subtitle VII, Part A, United States Code. This definition includes individual training providers, training centers, certificated carriers, and flight schools. Virtually all private providers of instruction in the operation of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more are covered by section 113 of ATSA (49 U.S.C. 44939) and are therefore subject to this rule. Providers located in countries other than the United States are included in this definition to the extent that they are providing training leading to a United States license, certification, or rating. Providers who “dry-lease” simulator equipment to individuals or entities for use within the United States are deemed to be providing the training themselves if the lessee is not subject to regulation under Title 49. Providers located in countries other than the United States who are providing training that does not lead to a United States pilot or flight engineer certification, or rating are not included in this definition. When the Department… | |||||
| 28:28:2.0.1.1.44.2.31.2 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.11 Individuals not requiring a security risk assessment. | DOJ | (a) Citizens and nationals of the United States. A citizen or national of the United States is not subject to section 113 of ATSA unless otherwise designated by the Under Secretary of Transportation for Security. A Provider must determine whether a prospective trainee is a citizen or national of the United States prior to providing training in the operation of an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more. To establish United States citizenship or nationality, the prospective trainee must show the Provider from whom he or she seeks training any of the following documents as proof of United States citizenship or nationality: (1) A valid, unexpired United States passport; (2) An original or government-issued certified birth certificate with a registrar's raised, embossed, impressed or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within 1 year of birth, together with a government-issued picture identification of the individual named in the birth certificate (the birth certificate must establish that the person was born in the United States or in an outlying possession, as defined in section 101(a)(29) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(29))); (3) An original United States naturalization certificate with raised seal, INS Form N-550 or INS Form N-570, together with a government-issued picture identification of the individual named in the certificate; (4) An original certification of birth abroad with raised seal, Department of State Form FS-545 or Form DS-1350, together with a government-issued picture identification of the individual named in the certificate; (5) An original certificate of United States citizenship with raised seal, INS Form N-560 or Form N-561, together with a government-issued picture identification of the individual named in the certificate; or (6) In the case of training provided to a federal employee (including military personnel) pursuant to a contract b… | |||||
| 28:28:2.0.1.1.44.2.31.3 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.12 Notification for candidates eligible for expedited processing. | DOJ | (a) Expedited processing. The Attorney General has determined that providing aviation training to certain categories of candidates presents a minimal additional risk to aviation or national security because of the aviation training already possessed by these individuals or because of risk assessments conducted by other agencies. Therefore, the following categories of candidates are eligible for expedited processing, unless the candidate is an individual specified by the Under Secretary of Transportation for Security: (1) Foreign nationals who are current and qualified as pilot in command, second in command, or flight engineer with respective certificates with ratings recognized by the FAA for aircraft with a maximum certificated takeoff weight of over 12,500 pounds, or who are currently employed and qualified by U.S. regulated air carriers as pilots on aircraft with a maximum certificated takeoff weight of 12,500 pounds or more; (2) Foreign nationals who are commercial, governmental, corporate, or military pilots of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more who are receiving training on a particular aircraft in connection with the sale of that aircraft, provided that the training provided is limited to familiarization ( i.e., training required by one who is already a competent pilot to become proficient in configurations and variations of a new aircraft) and not initial qualification or type rating; or (3) Foreign military or law enforcement personnel who must receive training on a particular aircraft given by the United States to a foreign government pursuant to a draw-down authorized by the President under section 506(a)(2) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2318(a)(2)), if the training provided is limited to familiarization. (b) Notification. Before a Provider may conduct training for a candidate eligible for expedited processing under paragraph (a) of this section, the Provider must submit the following information to the Department: (1) T… | |||||
| 28:28:2.0.1.1.44.2.31.4 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.13 Notification for candidates not eligible for expedited processing. | DOJ | (a) A Provider must submit a complete Flight Training Candidate Checks Program (FTCCP) form and arrange for the submission of fingerprints to the Department in accordance with this section prior to providing flight training, except with respect to persons whom the Provider has determined, as provided in § 105.11 of this part, are not subject to a security risk assessment. A separate FTCCP form must be submitted for each course or instance of training requested by a candidate. A set of fingerprints must be submitted in accordance with this rule prior to the commencement of any training. Where a Provider enlists the assistance of another Provider in training a candidate, no additional request need be submitted, as long as the specific instance of training has been approved. (b) The completed FTCCP form must be sent to the Attorney General via electronic submission at https://www.flightschoolcandidates.gov. The form must be submitted no more than three months prior to the proposed training dates. No paper submissions of this form will be accepted. (1) In order to ensure that such electronic submissions are made by FAA certificated training providers, Providers must receive initial access to the system through the FAA. Providers should register through their local FAA Flight Standards District Offices. The FAA has decided that registration will be only by appointment. Upon registration, Providers will be sent (via electronic mail) an access password to use the system. (2) Candidates may complete the online FTCCP form at https://www.flightschoolcandidates.gov to reduce the burden on the Provider. After the form has been completed by a candidate, it will be forwarded electronically to the Provider for verification that the candidate is a bona fide applicant. Verification by the Provider will be considered submission of the form for purposes of paragraph (a) of this section. To reduce the burden on the candidates, personal information needs only to be updated, rather than reentered, for each subsequent training… | |||||
| 28:28:2.0.1.1.44.2.31.5 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.14 Risk assessment for candidates. | DOJ | (a) It is the responsibility of the Department of Justice to conduct a risk assessment for each candidate. The Department has made an initial determination that providing training to the aliens in the categories set forth in § 105.12(a) of this part presents minimal additional risk to aviation or national security and therefore has established an expedited processing procedure for these aliens. Based on the information contained in each FTCCP form and the corresponding set of fingerprints, the Department will determine whether a candidate not granted expedited processing presents a risk to aviation or national security. (b) After submission of the FTCCP form by the Provider, the Department will perform a preliminary risk assessment. (1) If the Department determines that a candidate does not present a risk to aviation or national security as a result of the preliminary risk assessment, the candidate or the Provider will be notified electronically that the Provider may supply the candidate with the appropriate materials and instructions to complete the fingerprinting process described in § 105.13(c) and (d) of this part. (2) If the Department determines that the candidate presents a risk to aviation or national security, when appropriate, it will notify the Provider electronically that training is prohibited. (3) For each complete training request submitted by a Provider, the Department will promptly conduct an appropriate risk assessment. Every effort will be made to respond to a training request in the briefest time possible. In routine cases, the Department anticipates granting approval to train within a fraction of the 45-day notification period after receiving a complete, properly submitted request, including fingerprints. In the unlikely event that no notification or authorization by the Department has occurred within 45 days after the proper submission under these regulations of all the required information, the Provider may proceed with the training, upon establishing the candidate's identity in accorda… | |||||
| 28:28:2.0.1.1.44.3.31.1 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | C | Subpart C—Private Security Officer Employment | § 105.21 Purpose and authority. | DOJ | (a) The purpose of this subpart is to regulate the exchange of criminal history record information (“CHRI”), as defined in 28 CFR 20.3(d), and related information authorized by Section 6402 (The Private Security Officer Employment Authorization Act of 2004) (Act) of Public Law 108-458 (The Intelligence Reform and Terrorism Prevention Act of 2004). Section 6402 authorizes a fingerprint-based criminal history check of state and national criminal history records to screen prospective and current private security officers, and section 6402(d)(2) requires the Attorney General to publish regulations to provide for the “security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and record keeping” of the CHRI and related information, standards for qualifying an authorized employer, and the imposition of fees. (b) The regulations in this subpart do not displace state licensing requirements for private security officers. A State retains the right to impose its own licensing requirements upon this industry. | |||||
| 28:28:2.0.1.1.44.3.31.2 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | C | Subpart C—Private Security Officer Employment | § 105.22 Definitions. | DOJ | As used in this subpart: (a) Authorized employer means any person that employs private security officers and is authorized by the regulations in this subpart to request a criminal history record information search of an employee through a state identification bureau. An employer is not authorized within the meaning of these regulations if it has not executed and submitted to the appropriate state agency the certification required in § 105.25(g), if its authority to do business in a State has been suspended or revoked pursuant to state law, or, in those states that regulate private security officers, the employer has been found to be out of compliance with any mandatory standards or requirements established by the appropriate regulatory agency or entity. (b) Employee means both a current employee and an applicant for employment as a private security officer. (c) Charged , with respect to a criminal felony, means being subject to a complaint, indictment, or information. (d) Felony means a crime punishable by imprisonment for more than one year, regardless of the period of imprisonment actually imposed. (e) Participating State means a State that has not elected to opt out of participating in the Act by statutory enactment or gubernatorial order. A State may decline to participate in the background check system authorized by the Act by enacting a law or issuing an order by the Governor (if consistent with state law) providing that the State is declining to participate. The regulations in this subpart that pertain to States apply only to participating states. (f) Person means an individual, partnership, firm, company, corporation or institution that performs security services, whether for a third party for consideration or as an internal, proprietary function. (g) Private Security Officer means an individual other than an employee of a Federal, State, or local government whose primary duty is to perform security services, full or part time, for consideration, whether armed or unarmed and in uniform… | |||||
| 28:28:2.0.1.1.44.3.31.3 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | C | Subpart C—Private Security Officer Employment | § 105.23 Procedure for requesting criminal history record check. | DOJ | These procedures only apply to participating states. An authorized employer may obtain a State and national criminal history record check as authorized by section 6402 of Public Law 105-458 as follows: (a) An authorized employer is required to execute a certification to the State, developed by the SIB or the relevant state agency for purposes of accepting requests for these background checks, declaring that it is an authorized employer that employs private security officers; that all fingerprints and requests for criminal history background checks are being submitted for private security officers; that it will use the information obtained as a result of the state and national criminal history record checks solely for the purpose of screening its private security officers; and that it will abide by other regulatory obligations. To help ensure that only legitimate use is made of this authority, the certification shall be executed under penalties of perjury, false statement, or other applicable state laws. (b) An authorized employer must obtain a set of fingerprints and the written consent of its employee to submit those prints for a state and national criminal history record check. An authorized employer must submit the fingerprints and appropriate state and federal fees to the SIB in the manner specified by the SIB. (c) Upon receipt of an employee's fingerprints, the SIB shall perform a fingerprint-based search of its criminal records. If no relevant criminal record is found, the SIB shall submit the fingerprints to the FBI for a national search. (d) Upon the conclusion of the national search, the FBI will disseminate the results to the SIB. (e) Based upon the results of the state check and, if necessary, the national check: (1) If the State has standards for qualifying a private security officer, the SIB or other designated state agency shall apply those standards to the CHRI and notify the authorized employer of the results of the application of the state standards; or (2) If the State does not have stand… | |||||
| 28:28:2.0.1.1.44.3.31.4 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | C | Subpart C—Private Security Officer Employment | § 105.24 Employee's rights. | DOJ | An employee is entitled to: (a) Obtain a copy from the authorized employer of any information concerning the employee provided under these regulations to the authorized employer by the participating State; (b) Determine the status of his or her CHRI by contacting the SIB or other state agency providing information to the authorized employer; and (c) Challenge the CHRI by contacting the agency originating the record or complying with the procedures contained in 28 CFR 16.34. | |||||
| 28:28:2.0.1.1.44.3.31.5 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | C | Subpart C—Private Security Officer Employment | § 105.25 Authorized employer's responsibilities. | DOJ | An authorized employer is responsible for: (a) Executing and providing to the appropriate state agency the certification to the State required under § 105.23(a) before a State can accept requests on private security guard employees; (b) Obtaining the written consent of an employee to submit the employee's fingerprints for purposes of a CHRI check as described herein; (c) Submitting an employee's fingerprints and appropriate state and federal fees to the SIB not later than one year after the date the employee's consent is obtained; (d) Retaining an employee's written consent to submit his fingerprints for a criminal history record check for a period of no less than three years from the date the consent was last used to request a CHRI check; (e) Upon request, providing an employee with confidential access to and a copy of the information provided to the employer by the SIB; and (f) Maintaining the confidentiality and security of the information contained in a participating State's notification by: (1) Storing the information in a secure container located in a limited access office or space; (2) Limiting access to the information strictly to personnel involved in the employer's personnel and administration functions; and (3) Establishing internal rules on the handling and dissemination of such information and training personnel with such access on such rules, on the need to safeguard and control the information, and on the consequences of failing to abide by such rules. | |||||
| 28:28:2.0.1.1.44.3.31.6 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | C | Subpart C—Private Security Officer Employment | § 105.26 State agency's responsibilities. | DOJ | (a) Each State will determine whether it will opt out of participation by statutory enactment or gubernatorial order and communicating such determination to the Attorney General. Failure to inform the Attorney General of the determination will result in a State being considered a participating State. (b) Each participating State is responsible for: (1) Determining whether to establish a fee to perform a check of state criminal history records and related fees for administering the Act; (2) Developing a certification form for execution by authorized employers under § 105.25(a) and receiving authorized employers' certifications; (3) Receiving the fingerprint submissions and fees from the authorized employer; performing a check of state criminal history records; if necessary, transmitting the fingerprints to the FBI; remitting the FBI fees consistent with established interagency agreements; and receiving the results of the FBI check; (4) Applying the relevant standards to any CHRI returned by the fingerprint check and notifying the authorized employer of the results of the application of the standards as required under § 105.23(e); (5) Providing to an employee upon his or her request a copy of CHRI upon which an adverse determination was predicated; and (6) Maintaining, for a period of no less than three years, auditable records regarding (i) Maintenance and dissemination of CHRI; and (ii) The employer's certification. (c) If relevant CHRI is lacking disposition information, the SIB or responsible agency in a participating State will make reasonable efforts to obtain such information to promote the accuracy of the record and the integrity of the application of the relevant standards. If additional time beyond a State's standard response time is needed to find relevant disposition information, the SIB or responsible agency may advise the authorized employer that additional research is necessary before a final response can be provided. If raised, a participating State should take into account the effect of p… | |||||
| 28:28:2.0.1.1.44.3.31.7 | 28 | Judicial Administration | I | 105 | PART 105—CRIMINAL HISTORY BACKGROUND CHECKS | C | Subpart C—Private Security Officer Employment | § 105.27 Miscellaneous provisions. | DOJ | (a) Alternate State availability. (1) An authorized employer may submit the employee's fingerprints to the SIB of a participating State other than the State of employment—provided it obtains the permission of the accommodating State—if the authorized employer is prevented from submitting an employee's fingerprints because the employee's employment is in: (i) A State that does not have an applicable Public Law 92-544 statute authorizing state and national fingerprint-based criminal history checks of prospective and current private security officers and has elected to opt out; or (ii) A participating State that has not yet established a process for receiving fingerprints and processing the checks under the regulations in this subpart. (2) A participating State agreeing to process checks under this subsection will discontinue doing so if thereafter the State of the employee's employment establishes a process State and national fingerprint-based criminal history checks of prospective and current private security officers. (b) FBI fees for national check. The fee imposed by the FBI to perform a fingerprint-based criminal history record check is that routinely charged for noncriminal justice fingerprint submissions as periodically noticed in the Federal Register. (c) Penalties for misuse. (1) In addition to incarceration for a period not to exceed two years, one who knowingly and intentionally misuses information (including a State's notification) received pursuant to the Act may be subject to a fine pursuant to 18 U.S.C. 3571. (2) Consistent with State law, a violation of these regulations may also result in the divestiture of “authorized employer” status, thereby precluding an employer which provides security services from submitting fingerprints for a State and national criminal history record check. (d) Exclusion from coverage. [Reserved] |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);