[House Report 114-227]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      114-227

======================================================================



 
       IMPROVED SECURITY VETTING FOR AVIATION WORKERS ACT OF 2015

                                _______
                                

 July 27, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2750]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2750) to reform programs of the Transportation 
Security Administration, streamline transportation security 
regulations, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
      Purpose and Summary.............................................3
      Background and Need for Legislation.............................3
      Hearings........................................................3
      Committee Consideration.........................................4
      Committee Votes.................................................5
      Committee Oversight Findings....................................5
      New Budget Authority, Entitlement Authority, and Tax Expenditure5
      Congressional Budget Office Estimate............................5
      Statement of General Performance Goals and Objectives...........7
      Duplicative Federal Programs....................................7
      Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
      Benefits........................................................7
      Federal Mandates Statement......................................7
      Preemption Clarification........................................7
      Disclosure of Directed Rule Makings.............................8
      Advisory Committee Statement....................................8
      Applicability to Legislative Branch.............................8
      Section-by-Section Analysis of the Legislation..................8
      Changes in Existing Law Made by the Bill, as Reported...........9
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Improved Security Vetting for Aviation 
Workers Act of 2015''.

SEC. 2. AVIATION SECURITY.

  (a) In General.--Subtitle A of title XVI of the Homeland Security Act 
of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section 1601 
the following new section:

``SEC. 1602. VETTING OF AVIATION WORKERS.

  ``(a) In General.--By not later than December 31, 2015, the 
Administrator, in coordination with the Assistant Secretary for Policy 
of the Department, shall request from the Director of National 
Intelligence access to additional data from the Terrorist Identities 
Datamart Environment (TIDE) data and any or other terrorism-related 
information to improve the effectiveness of the Administration's 
credential vetting program for individuals with unescorted access to 
sensitive areas of airports.
  ``(b) Security Inspection.--By not later than December 31, 2015, the 
Administrator shall issue guidance for Transportation Security 
Inspectors to annually review airport badging office procedures for 
applicants seeking access to sensitive areas of airports. Such guidance 
shall include a comprehensive review of applicants' Criminal History 
Records Check (CHRC) and work authorization documentation during the 
course of an inspection.
  ``(c) Information Sharing.--By not later than December 31, 2015, the 
Administrator may conduct a pilot program of the Rap Back Service, in 
coordination with the Director of the Federal Bureau of Investigation, 
to determine the feasibility of full implementation of a service 
through which the Administrator would be notified of a change in status 
of an individual holding a valid credential granting unescorted access 
to sensitive areas of airports across eligible Administration-regulated 
populations.
  ``(d) Procedures.--The pilot program under subsection (c) shall 
evaluate whether information can be narrowly tailored to ensure that 
the Administrator only receives notification of a change with respect 
to a disqualifying offense under the credential vetting program under 
subsection (a), as specified in 49 C.F.R. 1542.209, and in a manner 
that complies with current regulations for fingerprint-based criminal 
history records checks. The pilot program shall be carried out in a 
manner so as to ensure that, in the event that notification is made 
through the Rap Back Service of a change but a determination of arrest 
status or conviction is in question, the matter will be handled in a 
manner that is consistent with current regulations. The pilot program 
shall also be carried out in a manner that is consistent with current 
regulations governing an investigation of arrest status, correction of 
Federal Bureau of Investigation records and notification of 
disqualification, and corrective action by the individual who is the 
subject of an inquiry.
  ``(e) Determination and Submission.--If the Administrator determines 
that full implementation of the Rap Back Service is feasible and can be 
carried out in a manner that is consistent with current regulations for 
fingerprint-based criminal history checks, including the rights of 
individuals seeking credentials, the Administrator shall submit such 
determination, in writing, to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate, together with information on the costs 
associated with such implementation, including the costs incurred by 
the private sector. In preparing this determination, the Administrator 
shall consult with the Chief Civil Rights and Civil Liberties Officer 
of the Department to ensure that protocols are in place to align the 
period of retention of personally identifiable information and 
biometric information, including fingerprints, in the Rap Back Service 
with the period in which the individual who is the subject of an 
inquiry has a valid credential.
  ``(f) Credential Security.--By not later than September 30, 2015, the 
Administrator shall issue guidance to airports mandating that all 
federalized airport badging authorities place an expiration date on 
airport credentials commensurate with the period of time during which 
an individual is lawfully authorized to work in the United States.
  ``(g) Aviation Worker Lawful Status.--By not later than December 31, 
2015, the Administrator shall review the denial of credentials due to 
issues associated with determining an applicant's lawful status in 
order to identify airports with specific weaknesses and shall 
coordinate with such airports to mutually address such weaknesses, as 
appropriate.
  ``(h) Reports to Congress.--Upon completion of the determinations and 
reviews required under this section, the Administrator shall brief the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate on the results of 
such determinations and reviews.''.
  (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1601 the following new item:

``Sec. 1602. Vetting of aviation workers.''.

SEC. 3. STATUS UPDATE ON RAP BACK SERVICE PILOT PROGRAM.

  Not later than 60 days after the date of the enactment of this Act, 
the Administrator of the Transportation Security Administration shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and Transportation of 
the Senate a report on the status of plans to conduct a pilot program 
in coordination with the Federal Bureau of Investigation of the Rap 
Back Service in accordance with subsection (c) of section 1602 of the 
Homeland Security Act of 2002, as added by section 2 of this Act. The 
report shall include details on the business, technical, and resource 
requirements for the Transportation Security Administration and pilot 
program participants, and provide a timeline and goals for the pilot 
program.

                          Purpose and Summary

    The purpose of H.R. 2750 is to reform programs of the 
Transportation Security Administration, streamline 
transportation security regulations, and for other purposes.

                  Background and Need for Legislation

    The Department of Homeland Security Inspector General 
recently released a report entitled ``TSA Can Improve Aviation 
Worker Vetting'' (DHS OIG-15-98) which found that 73 aviation 
workers with access to secure areas in our nation's airports 
had links to terrorism. Some of the issues noted by the report 
included policies that prevented the Transportation Security 
Administration (TSA) from having access to all the terrorism 
category codes in the agency's extract of the Terrorist 
Screening Database used to vet employees, and limited oversight 
of airport operators performing criminal history and work 
authorization checks on the aviation workers. The report made 
six recommendations to strengthen the vetting of credentialed 
aviation workers. This legislation codifies several of those 
recommendations and ensures that TSA has access to the 
necessary data to properly vet aviation employees, strengthen 
its criminal background check capabilities, and better-resolve 
issues of lawful status for credential applicants.
    The need for enhanced and robust employee vetting stems 
from the threat to aviation posed by those with access to 
sensitive and secure areas at airports. A number of incidents 
in recent years have highlighted security gaps in the employee 
vetting process, including gun and drug smuggling operations, 
as well as instances of radicalization of aviation workers. 
While there has not yet been a successful instance of terrorism 
perpetrated by an aviation worker, the Committee seeks to close 
perceived gaps in vetting and strengthen the overall security 
of the aviation sector.

                                Hearings

    No legislative hearings were held on H.R. 2750, however, 
the Committee held the following oversight hearings on airport 
access control:
    112th Congress
    The Subcommittee on Transportation Security held a hearing 
on May 16, 2012, entitled ``Access Control Point Breaches at 
Our Nation's Airports: Anomalies or Systemic Failures?'' The 
Subcommittee received testimony from Mr.John P. Sammon, 
Assistant Administrator, Office of Security Policy and Industry 
Engagement, Transportation Security Administration, Department 
of Homeland Security; Mr.Charles K. Edwards, Acting Inspector 
General, Department of Homeland Security; Mr.Mark Crosby, Chief 
of Public Safety and Security, Portland International Airport, 
testifying on behalf of the American Association of Airport 
Executives; Captain Sean P. Cassidy, First Vice President, Air 
Line Pilots Association, International; and Mr.William Swift, 
Chairman, Airport Minority Advisory Council.
    114th Congress
    On February 3, 2015, the Subcommittee on Transportation 
Securit held a hearing entitled ``A Review of Access Control 
Measures at Our Nation's Airports.'' The Subcommittee received 
testimony from Mr. Mark Hatfield, Acting Deputy Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Mr. Doug Perdue, Deputy Assistant Director, 
Counterterrorism Division, Federal Bureau of Investigation, 
U.S. Department of Justice; Ms. Sharon L. Pinkerton, Senior 
Vice President, Legislative and Regulatory Policy, Airlines for 
America; and Mr. Miguel Southwell, General Manager, Hartsfield-
Jackson Atlanta International Airport.
    The Subcommittee continued its hearing on April 30, 2015, 
with a hearing entitled ``A Review of Access Control Measures 
at Our Nation's Airports, Part II.'' The Subcommittee received 
testimony from Mr. Melvin J. Carraway, Acting Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Jeanne M. Olivier, A.A.E., Assistant 
Director, Aviation Security and Technology, Security Operations 
and Programs Department, The Port Authority of New York & New 
Jersey, testifying on behalf of The American Association of 
Airport Executives; and Mr. Steven Grossman, Chief Executive 
Officer/Executive Director, Jacksonville International Airport, 
Jacksonville Aviation Authority, testifying on behalf of The 
Airports Council International, North America.
    On June 16, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``How TSA Can Improve Aviation 
Worker Vetting.'' The Subcommittee received testimony from Hon. 
John Roth, Inspector General, U.S. Department of Homeland 
Security; Ms. Stacey Fitzmaurice, Deputy Assistant 
Administrator, Office of Intelligence and Analysis, 
Transportation Security Administration, U.S. Department of 
Homeland Security; and Ms. Jennifer Grover, Director, 
Transportation Security and Coast Guard Issues, Homeland 
Security and Justice Team, U.S. Government Accountability 
Office.

                        Committee Consideration

    The Committee met on June 23, 2015, to consider H.R. 2750, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:

 An Amendment in the Nature of a Substitute offered by Mr. 
Katko (#1); was AGREED TO by voice vote.

 An amendment offered by Mr. Thompson of Mississippi to the 
Amendment in the Nature of a Substitute (#1A); was AGREED TO by 
voice vote.
     Page 2, line 15, strike ``in criminal or certain civil activity of 
an individual'' and insert ``in status of an individual''.
     Page 2 beginning line 19, insert a new subsections entitled ``(d) 
Procedures.'' and ``(e) Determination and Submission.''

    The Subcommittee on Transportation Security met on June 16, 
2015, to consider H.R. 2750, and ordered the measure reported 
to the Full Committee with a favorable recommendation, amended, 
by voice vote. The Subcommittee took the following actions:
    The following amendments were offered:

 An en bloc amendment offered by Miss Rice of New York (#1); 
was AGREED TO by voice vote.
     Consisting of the following amendments:
    An Amendment:
     In section 2 of the bill, in the proposed section 1601 of the 
Homeland Security Act of 2002, amend subsection (a) with a new 
subsection entitled ``(a) In General.''

    An amendment:
     In section 2 of the bill, in the proposed section 1601 of the 
Homeland Security Act of 2002, amend subsection (c) with a new 
subsection entitled ``(c) Information Sharing.''
     At the end of the bill, add new section entitled ``Sec. 3. Status 
Update on Rap Back Service Pilot Program.''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 2750.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2750, the Improved Security Vetting for Aviation Workers Act of 
2015, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2750, the Improved 
Security Vetting for Aviation Workers Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Robert A. Sunshine
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 2750--Improved Security Vetting for Aviation Workers Act of 2015

    The Transportation Security Administration (TSA) is 
responsible for ensuring that workers who require unescorted 
access to secure areas of airports are vetted in accordance 
with security-related requirements. Such vetting procedures 
include checks of individuals' criminal backgrounds and 
immigration status as well as checks against terrorist 
databases. H.R. 2750 would direct TSA to undertake additional 
activities to enhance procedures for vetting airport workers, 
particularly by expanding efforts to share data and terrorist-
related information among federal agencies responsible for 
intelligence and law enforcement.
    Based on information from TSA, CBO estimates that 
implementing H.R. 2750 would have no significant effect on the 
federal budget. According to the agency, many of the data-
sharing activities authorized under H.R. 2750 are already 
occurring under current law. As a result, CBO estimates that 
any additional costs incurred under the legislation would not 
exceed $500,000 annually; such spending would be subject to the 
availability of appropriated funds. Enacting H.R. 2750 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    H.R. 2750 would impose an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act 
(UMRA) on airport authorities that issue badges to people 
authorized to work at airports. The bill would require those 
authorities to set the expiration of badges to correspond with 
a person's authorization to work in the United States. Under 
current law, badges must expire at least every two years. This 
bill would require airport authorities to change practices for 
the issuance of badges. Based on information from TSA and 
groups representing airport authorities, CBO estimates that the 
cost to both public and private airports of complying with the 
mandate would be small and well below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($77 million and $154 million, respectively in 2015, 
adjusted annually for inflation).
    The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs), Melissa Merrell (for intergovernmental 
mandates), and Amy Petz (for private-sector mandates). The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 2750 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This bill requires that the Administrator of the 
Transportation Security Administration provide a briefing to 
the appropriate Congressional committees on the status of the 
various actions required by the legislation, including 
requesting additional data from the Director of National 
Intelligence, issuing additional guidance to Transportation 
Security Inspectors for reviewing airport badging procedures, 
determining the feasibility of implementing the Rap Back 
Service for credentialed aviation workers, and requiring that 
airport badging officials place expiration dates on airport 
credentials that are commensurate with an individual's lawful 
authorization to work in the United States.
    Additionally, the bill requires the Administrator to report 
to the House of Representatives Committee on Homeland Security 
and the Senate Committee on Commerce, Science, and 
Transportation on the status of the pilot program of the 
Federal Bureau of Investigation's Rap Back Service. This report 
is required to include details on the business, technical, and 
resource requirements for the TSA and pilot program 
participants, and provide a timeline for the pilot program.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 2750 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 2750 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2750 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that bill may be cited as the 
``Improved Security Vetting for Aviation Workers Act of 2015''.

Section 2.   Aviation Security.

    This section amends the Homeland Security Act of 2002 to 
require the Administrator of the Transportation Security 
Administration (TSA), in coordination with the Assistant 
Secretary for Policy of the Department of Homeland Security, to 
request additional Terrorist Identities Datamart Environment 
data from the Director of National Intelligence to improve the 
effectiveness of the Administration's credential vetting 
program for individuals with unescorted access to secure areas 
of airports. The Committee expects the coordination and request 
to be conducted in a manner which seeks to result in TSA being 
provided the appropriate data needed to adequately vet TSA-
regulated populations.
    Additionally, this section directs TSA to issue additional 
guidance for agency inspectors to review airport badging 
procedures for workers applying for access to sensitive, 
secured areas of airports, as well as documentation pertaining 
to applicants' Criminal History Records Check and lawful work 
authorization. The provision further allows TSA to coordinate a 
pilot program of the Rap Back Service with the Federal Bureau 
of Investigation among TSA-regulated populations, in order to 
provide more timely visibility into aviation workers' criminal 
history. Such pilot is to be conducted in compliance with 
existing laws and regulations and should examine the ability of 
the Rap Back Service to be tailored to the needs of the 
Administrator in determining disqualifying offense occurrences. 
The Administrator is also directed to submit to the appropriate 
Congressional committees estimates on the costs associated with 
the Rap Back Service's implementation, including costs incurred 
by the private sector. The Administrator is also required to 
consult with the Chief Civil Rights and Civil Liberties Officer 
of the Department concerning the retention of personally 
identifiable information and biometric information utilized by 
Rap Back. The Committee sees the implementation of the Rap Back 
Service as a positive step forward in perpetually vetting 
populations of individuals with access to secure and sterile 
areas of airports.
    In this section, the bill also directs the Administrator of 
TSA to issue guidance to airports requiring them to place 
expiration dates on aviation worker credentials that are 
commensurate with lawful work status in the United States and 
to identify airports with consistent weaknesses in determining 
lawful status to address shortfalls. The Administrator is also 
required to review instances of credential denials based on 
lawful status and work with airports to address weaknesses in 
identifying individuals' lawful status. Lastly, the section 
mandates a briefing to relevant Congressional committees on the 
reviews required by the legislation, as well as a clerical 
amendment to the Homeland Security Act.
    The Committee takes seriously the insider threat posed to 
the aviation sector and expects the Administration to work 
closely with aviation stakeholders to close security 
vulnerabilities in a cooperative and constructive manner, with 
an emphasis on closing existing communication and information 
gaps which prevent the Administration and the aviation sector 
from adequately vetting individuals applying for access to 
secure areas of airports.

Section 3.   Status Update on Rap Back Service Pilot Program.

    This section requires the Administrator to submit a report 
to the appropriate Congressional committees on the status of 
the Rap Back Service pilot program. This report is to include 
details on the business, technical, and resource requirements 
for the TSA and pilot program participants, along with a 
timeline and goals for the pilot program.
    The Committee sees the implementation of enhanced perpetual 
vetting for Administration-regulated populations as a key 
priority in enhancing aviation security and adressing the 
evolving threat landscape. The Committee expects the 
Administration to take all practicable steps to develop a 
robust and comprehensive vetting system that is responsive to 
the Administration's needs.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                   TITLE XVI--TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

     * * * * * * *
Sec. 1602. Vetting of aviation workers.

           *       *       *       *       *       *       *


                   TITLE XVI--TRANSPORTATION SECURITY

Subtitle A--General Provisions

           *       *       *       *       *       *       *


SEC. 1602. VETTING OF AVIATION WORKERS.

  (a) In General.--By not later than December 31, 2015, the 
Administrator, in coordination with the Assistant Secretary for 
Policy of the Department, shall request from the Director of 
National Intelligence access to additional data from the 
Terrorist Identities Datamart Environment (TIDE) data and any 
or other terrorism-related information to improve the 
effectiveness of the Administration's credential vetting 
program for individuals with unescorted access to sensitive 
areas of airports.
  (b) Security Inspection.--By not later than December 31, 
2015, the Administrator shall issue guidance for Transportation 
Security Inspectors to annually review airport badging office 
procedures for applicants seeking access to sensitive areas of 
airports. Such guidance shall include a comprehensive review of 
applicants' Criminal History Records Check (CHRC) and work 
authorization documentation during the course of an inspection.
  (c) Information Sharing.--By not later than December 31, 
2015, the Administrator may conduct a pilot program of the Rap 
Back Service, in coordination with the Director of the Federal 
Bureau of Investigation, to determine the feasibility of full 
implementation of a service through which the Administrator 
would be notified of a change in status of an individual 
holding a valid credential granting unescorted access to 
sensitive areas of airports across eligible Administration-
regulated populations.
  (d) Procedures.--The pilot program under subsection (c) shall 
evaluate whether information can be narrowly tailored to ensure 
that the Administrator only receives notification of a change 
with respect to a disqualifying offense under the credential 
vetting program under subsection (a), as specified in 49 C.F.R. 
1542.209, and in a manner that complies with current 
regulations for fingerprint-based criminal history records 
checks. The pilot program shall be carried out in a manner so 
as to ensure that, in the event that notification is made 
through the Rap Back Service of a change but a determination of 
arrest status or conviction is in question, the matter will be 
handled in a manner that is consistent with current 
regulations. The pilot program shall also be carried out in a 
manner that is consistent with current regulations governing an 
investigation of arrest status, correction of Federal Bureau of 
Investigation records and notification of disqualification, and 
corrective action by the individual who is the subject of an 
inquiry.
  (e) Determination and Submission.--If the Administrator 
determines that full implementation of the Rap Back Service is 
feasible and can be carried out in a manner that is consistent 
with current regulations for fingerprint-based criminal history 
checks, including the rights of individuals seeking 
credentials, the Administrator shall submit such determination, 
in writing, to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, 
and Transportation of the Senate, together with information on 
the costs associated with such implementation, including the 
costs incurred by the private sector. In preparing this 
determination, the Administrator shall consult with the Chief 
Civil Rights and Civil Liberties Officer of the Department to 
ensure that protocols are in place to align the period of 
retention of personally identifiable information and biometric 
information, including fingerprints, in the Rap Back Service 
with the period in which the individual who is the subject of 
an inquiry has a valid credential.
  (f) Credential Security.--By not later than September 30, 
2015, the Administrator shall issue guidance to airports 
mandating that all federalized airport badging authorities 
place an expiration date on airport credentials commensurate 
with the period of time during which an individual is lawfully 
authorized to work in the United States.
  (g) Aviation Worker Lawful Status.--By not later than 
December 31, 2015, the Administrator shall review the denial of 
credentials due to issues associated with determining an 
applicant's lawful status in order to identify airports with 
specific weaknesses and shall coordinate with such airports to 
mutually address such weaknesses, as appropriate.
  (h) Reports to Congress.--Upon completion of the 
determinations and reviews required under this section, the 
Administrator shall brief the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate on the results of 
such determinations and reviews.

           *       *       *       *       *       *       *


                                  [all]