Sec. 232. Aviation workers vetting
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/bill/114/s/2377/is/section-232A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, in coordination with the heads of all appropriate agencies, shall make available to the Administrator all names and identifying information from records within the Terrorist Screening Database of the Federal Bureau of Investigation's Terrorist Screening Center in a manner that will permit the Administrator to conduct such automated vetting as the Administrator determines to be necessary to effectively administer the credential vetting program for individuals with unescorted access to sensitive transportation environments, such as but not limited to secure areas of airports, on board aircraft, or in the vicinity of cargo or property that will be transported by air.
The Administrator is authorized to use the information described in paragraph
(1)when determining whether to approve an airport or air carrier to issue an individual credentials, access to a trusted population, or other security privileges. The Administrator shall review the existing list of disqualifying criminal offenses for aviation workers to determine the applicability of the list and potential need for modification in light of current threats. The Administrator shall review the existing database for aviation workers who have been issued identification media by an airport and take appropriate measures to enhance the database to include— for each aviation worker with unescorted access to a secured area— the record of the aviation worker’s background check, including the status and date it was performed; a photo or other biometric data the Administrator determines necessary to improve aviation security, either from identification credential or other verified means; legal name, as shown on an acceptable Federal or State government issued identity document; current address; any instances of misuse or loss of credentials issued to individuals for unescorted access to sensitive air transportation environments; and if applicable, length of authorization to work in the United States; the capability to add additional information requirements; and such other categories of information as the Administrator considers necessary to effectively administer the Administration’s credential vetting program for individuals with unescorted access to sensitive air transportation environments. In enhancing the database information required under paragraph (1), the Administrator may work with Federal agencies, contractors, or other third parties. Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of, and report to Congress on, the progress to implement the database changes required by paragraph (1), including a review of any obstacles to implementation. The Administrator shall communicate clear instructions to all airport operators and air carriers regarding the recommended or required name format and method of submission for background checks and aviation worker vetting for unescorted access to sensitive air transportation environments. Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report detailing any obstacles to the effective vetting of aviation workers with, or applying for, unescorted access to sensitive transportation environments, including— any issues accessing databases maintained by other Federal agencies, including the Federal Bureau of Investigation and any other agency that contributes to watch lists; incomplete identification information provided by aviation workers or airport operators; specific airport operators that consistently fail to report information required under subsection (c)(1) to the TSA; and any unnecessary delay in inputting aviation worker data into the database. The Administrator shall establish a waiver process for issuing credentials for unescorted access to sensitive air transportation environments, such as Security Identification Display Area
(SIDA)credentials, for an individual found to be otherwise ineligible for such credentials. In establishing the waiver process, the Administrator shall— give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk warranting denial of the card; and consider the appeals and waiver process established under section 70105(c) of title 46, United States Code. The Administrator shall review available media credentials used for unescorted access to sensitive air transportation environments to determine whether technology is available— to make a meaningful improvement upon existing credentials technology; to strengthen airport security, through biometrics or other technologies; to effectively or more effectively prevent fraudulent replication of credentials; and that is cost-effective. Based upon the findings of the review in paragraph (1), the Administrator may conduct a pilot program to test new access media at airports. The Administrator shall work with the Director of the Federal Bureau of Investigation to implement the Rap Back Service from the Federal Bureau of Investigation’s Next Generation Identification program for purposes of vetting individuals with unescorted access to sensitive transportation environments. The Administrator may review and update the procedures for aviation workers with escorted access to sensitive transportation environments.