I 

111TH CONGRESS 

2D SESSION H. R. 6326 

To amend title 49, United States Code, to provide waivers and appeals 

to certain individuals. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair and Impartial 

5 Recruitment Act of 2010’’. 

6 SEC. 2. WAIVER AND APPEALS PROCESS FOR DISQUALI7 FIED INDIVIDUALS. 

8 Section 44936 of title 49, United States Code, is 

9 amended— 


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1 (1) in subsection (a)(2) by striking ‘‘the Under 

2 Secretary requires is conducted’’ and inserting the 

3 following ‘‘the Assistant Secretary requires is con4 ducted and upon the Assistant Secretary’s request, 

5 a copy of the investigation report is provided to the 

6 Assistant Secretary.’’; 

7 (2) by redesignating subsections (d) and (e) as 

8 subsection (e) and (f), respectively; and 

9 (3) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) WAIVER AND APPEALS PROCESS ESTAB12 LISHED.— 

13 ‘‘(1) WAIVER PROCESS.— 

14 ‘‘(A) IN GENERAL.—Not later than one 

15 year after the date of enactment of the Fair 

16 and Impartial Recruitment Act of 2010, the As17 sistant Secretary shall issue regulations to es18 tablish a waiver process to allow an employer to 

19 hire an individual disqualified for employment 

20 under subsection (b)(1)(B). 

21 ‘‘(B) WAIVER APPLICATION.—To request 

22 such a waiver an individual shall apply to the 

23 Assistant Secretary who shall issue a waiver to 

24 an individual— 


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1 ‘‘(i) after the Assistant Secretary con2 siders the circumstances of any disquali3 fying act or offense, any restitution made 

4 by the individual, Federal and State miti5 gation remedies, and other factors that 

6 lead the Assistant Secretary to conclude 

7 that the individual does not pose a ter8 rorism risk warranting denial of employ9 ment; and 

10 ‘‘(ii) without regard to whether that 

11 individual would otherwise be disqualified 

12 under subsection (b)(1)(B) if the individ13 ual’s employer establishes alternate secu14 rity arrangements acceptable to the Assist15 ant Secretary. 

16 ‘‘(2) APPEALS PROCESS.—Not later than one 

17 year after the date of enactment of the Fair and Im18 partial Recruitment Act of 2010, the Assistant Sec19 retary shall establish an appeals process for an indi20 vidual disqualified for employment under subsection 

21 (b)(1)(B) that includes notice and an opportunity 

22 for a hearing before an impartial third party. 

23 ‘‘(3) SAVINGS CLAUSE.—An airport operator 

24 shall not be required to issue an airport credential 

25 providing unescorted access to a secured identificaVerDate Mar 15 2010 03:32 Oct 13, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6326.IH H6326

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1 tion display area to any individual based solely on 

2 the waiver or appeal process established pursuant to 

3 this subsection. 

4 ‘‘(4) LIMITATION ON LIABILITY.—No cause of 

5 action, suit, action, or other proceeding may arise 

6 from any denial of a request of a waiver, or from a 

7 subsequent disqualification for employment pursuant 

8 to subsection (b)(1)(B) if the cause of action, suit, 

9 action or proceeding is based solely on the fact that 

10 the applicant was granted a waiver or appeal under 

11 this subsection.’’. 

12 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

13 Section 44936 of title 49, United States Code, is 

14 amended— 

15 (1) by striking ‘‘Under Secretary of Transpor16 tation for Security’’ the first place it appears and in17 serting ‘‘Assistant Secretary (Transportation Secu18 rity Administration)’’; 

19 (2) except as provided in paragraph (1), by 

20 striking ‘‘Under Secretary of Transportation for Se21 curity’’ and ‘‘Under Secretary’’ each place they ap22 pear and inserting ‘‘Assistant Secretary’’; and 


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1 (3) in subsection (c)(1) by striking ‘‘Under Sec2 retary’s designee’’ and inserting ‘‘Assistant Sec3 retary’s designee’’. 

Æ 


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