I 111th CONGRESS 2d Session H. R. 6326 IN THE HOUSE OF REPRESENTATIVES September 29, 2010 Mr. Dent introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend title 49, United States Code, to provide waivers and appeals to certain individuals.

1.

Short title

This Act may be cited as the Fair and Impartial Recruitment Act of 2010.

2.

Waiver and appeals process for disqualified individuals

Section 44936 of title 49, United States Code, is amended— (1)in subsection (a)(2) by striking the Under Secretary requires is conducted and inserting the following the Assistant Secretary requires is conducted and upon the Assistant Secretary’s request, a copy of the investigation report is provided to the Assistant Secretary.; (2)by redesignating subsections (d) and (e) as subsection (e) and (f), respectively; and (3)by inserting after subsection (c) the following: (d)

Waiver and appeals process established

(1)

Waiver process

(A)

In general

Not later than one year after the date of enactment of the Fair and Impartial Recruitment Act of 2010, the Assistant Secretary shall issue regulations to establish a waiver process to allow an employer to hire an individual disqualified for employment under subsection (b)(1)(B). (B)

Waiver application

To request such a waiver an individual shall apply to the Assistant Secretary who shall issue a waiver to an individual— (i)after the Assistant Secretary considers the circumstances of any disqualifying act or offense, any restitution made by the individual, Federal and State mitigation remedies, and other factors that lead the Assistant Secretary to conclude that the individual does not pose a terrorism risk warranting denial of employment; and (ii)without regard to whether that individual would otherwise be disqualified under subsection (b)(1)(B) if the individual’s employer establishes alternate security arrangements acceptable to the Assistant Secretary. (2)

Appeals Process

Not later than one year after the date of enactment of the Fair and Impartial Recruitment Act of 2010, the Assistant Secretary shall establish an appeals process for an individual disqualified for employment under subsection (b)(1)(B) that includes notice and an opportunity for a hearing before an impartial third party. (3)

Savings clause

An airport operator shall not be required to issue an airport credential providing unescorted access to a secured identification display area to any individual based solely on the waiver or appeal process established pursuant to this subsection. (4)

Limitation on liability

No cause of action, suit, action, or other proceeding may arise from any denial of a request of a waiver, or from a subsequent disqualification for employment pursuant to subsection (b)(1)(B) if the cause of action, suit, action or proceeding is based solely on the fact that the applicant was granted a waiver or appeal under this subsection. .

3.

Technical and conforming amendments

Section 44936 of title 49, United States Code, is amended— (1)by striking Under Secretary of Transportation for Security the first place it appears and inserting Assistant Secretary (Transportation Security Administration); (2)except as provided in paragraph (1), by striking Under Secretary of Transportation for Security and Under Secretary each place they appear and inserting Assistant Secretary ; and (3)in subsection (c)(1) by striking Under Secretary’s designee and inserting Assistant Secretary’s designee.