View Rule

As required by the FESSA, TSA will propose a rule to revise its regulations, reflecting current knowledge of insider threat and intelligence, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport. Consistent with the statutory mandate, TSA will consider adding to the list of disqualifying criminal offenses and criteria, develop an appeal and waiver process for the issuance of credentials for unescorted access, and propose an extension of the lookback period for disqualifying crimes. As part of TSA’s reevaluation of the eligibility and redress standards for aviation workers required by the Act, TSA is also reevaluating the current vetting process to minimize any security risks that may exist.

Overall Description of Deadline: Section 3405 of title III of the FAA Extension, Safety, and Security Act of 2016 (FESSA) Extension, Pub. L. 114-190 (130 Stat. 615, July 15, 2016), requires the Transportation Security Administration (TSA) to revise the regulations issued under 49 U.S.C. 44936 within 180 days after the date of enactment.

Statement of Need:

Employee vetting is an important and effective tool for averting or mitigating potential attacks by those with malicious intent who wish to target aviation and plan or perpetrate actions that may cause significant injuries, loss of life, or economic disruption.  Enhancing eligibility standards for airport workers will improve transportation and national security.

Anticipated Costs and Benefits:

TSA anticipates costs associated with implementing and administering revised aspects of aviation vetting including potential changes to the list of disqualifying criminal offenses, the lookback period for convictions, and new waiver eligibility.  Anticipated benefits include reducing security risks through enhanced vetting of aviation workers while also providing greater flexibility and access through waivers as well as increased efficiencies of the vetting process.