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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair and Impartial 
Recruitment Act of 2010’’. 
SEC. 2. WAIVER AND APPEALS PROCESS FOR DISQUALI-
FIED INDIVIDUALS. 
Section 44936 of title 49, United States Code, is 
amended— 
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(1) in subsection (a)(2) by striking ‘‘the Under 
Secretary requires is conducted’’ and inserting the 
following ‘‘the Assistant Secretary requires is con-
ducted 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 fol-
lowing: 
‘‘(d) WAIVER
AND
APPEALS
PROCESS
ESTAB-
LISHED.— 
‘‘(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 As-
sistant Secretary shall issue regulations to es-
tablish 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— 
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‘‘(i) after the Assistant Secretary con-
siders the circumstances of any disquali-
fying act or offense, any restitution made 
by the individual, Federal and State miti-
gation remedies, and other factors that 
lead the Assistant Secretary to conclude 
that the individual does not pose a ter-
rorism risk warranting denial of employ-
ment; and 
‘‘(ii) without regard to whether that 
individual would otherwise be disqualified 
under subsection (b)(1)(B) if the individ-
ual’s employer establishes alternate secu-
rity arrangements acceptable to the Assist-
ant Secretary. 
‘‘(2) APPEALS PROCESS.—Not later than one 
year after the date of enactment of the Fair and Im-
partial Recruitment Act of 2010, the Assistant Sec-
retary shall establish an appeals process for an indi-
vidual 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 identifica-
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