ments a redress process in accordance with sub-
section (b) for covered individuals adversely im-
pacted by a background check described in sub-
section (b). 
(2) STANDARDS.—The redress process shall be 
modeled after the appeals and waiver process estab-
lished for hazmat drivers and transportation workers 
at ports, as required by section 1515 of title 49, 
Code of Federal Regulations. 
(3) COMPONENTS.—The redress process shall 
include the following: 
(A) A waiver process that will allow a cov-
ered individual to demonstrate, through reha-
bilitation, or facts surrounding the conviction or 
other mitigating factors, that the individual is 
not a security risk. 
(B) An appeal process during which a cov-
ered individual will have an opportunity to dem-
onstrate that the individual does not have a dis-
qualifying conviction either by—
(i) correcting outdated underlying 
court records; 
(ii) proving mistaken identity; or 
(iii) establishing that the conviction 
cannot serve as the basis for an adverse
employment decision in accordance with 
the limitations contained in subsection (d). 
(C) A proceeding providing an independent 
review. 
(D) A process to ensure compliance with 
the requirements of this section. 
(4) 
PROCEEDINGS
PROVIDING
AN
INDE-
PENDENT
REVIEW.—A covered individual who re-
quests a proceeding under paragraph (3)(C) shall 
have the right to have waiver and appeal decisions 
heard by an independent decisionmaker with the 
ability to order reinstatement expeditiously or pro-
vide other remedy. 
(5) PREVIOUS BACKGROUND CHECKS.—A cov-
ered individual subjected to and adversely affected 
by a background check conducted by a provider of 
covered transportation (or a contractor or subcon-
tractor of such a provider), in the period beginning 
on June 23, 2006, and ending on the date of enact-
ment of this Act, to satisfy any rules, regulations, 
directives, or other guidance issued by the Secretary 
to protect covered transportation from the threat of 
terrorism shall have an immediate right to a pro-
ceeding with an independent decisionmaker to deter-
mine if the adverse action was in compliance with
this section and shall have a right to immediate rein-
statement or other remedy if the background check 
fails to comply with this section. 
(d) LIMITATIONS.—
(1) IN GENERAL.—Subject to paragraph (2), if 
an employer performs background checks to satisfy 
any rule, regulation, directive, or other guidance 
issued by the Secretary regarding background checks 
of covered individuals, the employer shall be prohib-
ited from making an adverse employment decision, 
including removal or suspension, with respect to a 
covered individual based on—
(A) a felony conviction that occurred 7 or 
more years ago; 
(B) a conviction of any offense for which 
the individual was released from incarceration 5 
or more years ago; or 
(C) any felony not listed in section 
1572.103 of title 49, Code of Federal Regula-
tions. 
(2) EXCEPTIONS.—The limitations contained in 
paragraph (1) shall not apply to a covered individual 
who has been convicted of any of the following: 
(A) Treason (or conspiracy to commit trea-
son).
(B) Espionage (or conspiracy to commit 
espionage). 
(C) Sedition (or conspiracy to commit sedi-
tion). 
(D) Any crime listed in chapter 113B of 
title 18, United States Code (or conspiracy to 
commit such a crime). 
(e) NO PREEMPTION OF FEDERAL OR STATE LAW.—
Nothing in this section shall be construed as preempting 
a Federal, State, or local law that requires criminal his-
tory background checks of covered employees. 
(f) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect the process for review 
established under section 70105(c) of title 46, United 
States Code, including regulations issued pursuant to such 
section. 
SEC. 121. TASK FORCE ON DISQUALIFYING CRIMES. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a task force to review the lists of crimes that disqualify 
individuals from certain transportation-related employ-
ment under current regulations of the Transportation Se-
curity Administration and assess whether such lists of 
crimes are accurate indicators of a terrorism security risk. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of appropriate industries, including rep-
resentatives of nonprofit employee labor organizations, 
and Federal agencies. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the task force shall transmit to 
the Secretary and Congress a report containing the results 
of the review, including recommendations for a common 
list of disqualifying crimes and the rationale for the inclu-
sion of each crime on the list. 
SEC. 122. PENALTIES. 
(a) REGULATIONS
AND
ORDERS
OF
THE
SEC-
RETARY.—Section 114 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(u) GENERAL CIVIL PENALTIES
AND ENFORCE-
MENT
OF REGULATIONS
AND ORDERS
OF
THE SEC-
RETARY OF HOMELAND SECURITY.—
‘‘(1) APPLICATION.—This subsection applies to 
the enforcement of regulations prescribed, and or-
ders issued, by the Secretary of Homeland Security 
under a provision of chapter 701 of title 46 and this 
title (other than chapter 449) (in this subsection re-
ferred to as an ‘applicable provision of this title’). 
Penalties for violation of regulations prescribed, and 
orders issued, by the Secretary of Homeland Secu-
rity under a provision of chapter 449 are provided 
under chapter 463.