§ 3405. VETTING.
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/usc/title-49/section-3405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Eligibility Requirements.— In general .— Not later than 180 days after the date of the enactment of this Act [ July 15, 2016 ], and subject to public notice and comment, the Administrator shall revise the regulations issued under section 44936 of title 49 , United States Code, in accordance with this section and current knowledge of insider threats and intelligence under section 3502, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport.
Disqualifying criminal offenses .— In revising the regulations under paragraph (1), the Administrator shall consider adding to the list of disqualifying criminal offenses and criteria the offenses and criteria listed in section 122.183(a)(4) of title 19, Code of Federal Regulations and section 1572.103 of title 49, Code of Federal Regulations. Waiver process for denied credentials .— Notwithstanding section 44936(b) of title 49 , United States Code, in revising the regulations under paragraph
(1)of this subsection, the Administrator shall— ensure there exists or is developed a waiver process for approving the issuance of credentials for unescorted access to any SIDA of an airport for an individual found to be otherwise ineligible for such credentials; and consider, as appropriate and practicable— 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 or a risk to aviation security warranting denial of the credential; and the elements of the appeals and waiver process established under section 70105(c) of title 46 , United States Code. Look back .— In revising the regulations under paragraph (1), the Administrator shall propose that an individual be disqualified if the individual was convicted, or found not guilty by reason of insanity, of a disqualifying criminal offense within 15 years before the date of an individual’s application, or if the individual was incarcerated for such crime and released from incarceration within five years before the date of the individual’s application. Certifications .— The Administrator shall require an airport or aircraft operator, as applicable, to certify for each individual who receives unescorted access to any SIDA of an airport that— a specific need exists for providing the individual with unescorted access authority; and the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a SIDA badge. Report to congress .— Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the status of the revision to the regulations issued under section 44936 of title 49 , United States Code, in accordance with this section. Rule of construction .— Nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the TSA. Recurrent Vetting.— In general .— Not later than 90 days after the date of the enactment of this Act, the Administrator and the Director of the Federal Bureau of Investigation shall fully implement the Rap Back service for recurrent vetting of eligible TSA-regulated populations of individuals with unescorted access to any SIDA of an airport. Requirements .— As part of the requirement in paragraph (1), the Administrator shall ensure that— any status notifications the TSA receives through the Rap Back service about criminal offenses be limited to only disqualifying criminal offenses in accordance with the regulations promulgated by the TSA under section 44903 of title 49 , United States Code, or other Federal law; and any information received by the Administration through the Rap Back service is provided directly and immediately to the relevant airport and aircraft operators. Report to congress .— Not later than 30 days after implementation of the Rap Back service described in paragraph (1), the Administrator shall submit to the appropriate congressional committees a report on the such implementation. Access to Terrorism-Related Data .— Not later than 30 days after the date of the enactment of this Act, the Administrator and the Director of National Intelligence shall coordinate to ensure that the Administrator is authorized to receive automated, real-time access to additional Terrorist Identities Datamart Environment
(TIDE)data and any other terrorism-related category codes to improve the effectiveness of the TSA’s credential vetting program for individuals who are seeking or have unescorted access to any SIDA of an airport. Access to E–Verify and SAVE Programs .— Not later than 90 days after the date of the enactment of this Act, the Secretary shall authorize each airport operator to have direct access to the E–Verify program and the Systematic Alien Verification for Entitlements
(SAVE)automated system to determine the eligibility of individuals seeking unescorted access to any SIDA of an airport.