On May 23, 2023 (88 FR 33472), the Transportation Security Administration (TSA) published a Notice in the Federal Register (FR) proposing to revise 49 CFR Parts 1500 - 1584 to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) that requires security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. In accordance with the 9/11 Act, TSA proposes to require security-sensitive employees of certain public transportation operators and railroads to undergo a Level 2 security threat assessment (STA) that includes an immigration check and terrorism watchlist check to determine whether the applicant may pose a security threat. Further, TSA proposes to require security coordinators of certain public transportation, railroad, and OTRB operators to undergo a Level 3 STA, which includes the Level 2 check plus a criminal history records check. TSA proposes appeal and waiver procedures for individuals who are adversely impacted by the vetting. Finally, TSA proposes to establish user fees to recover TSA’s costs for vetting, as required by law. Please submit comments on or August 21, 2023.

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TSA 05-23-2023 NPRM security vetting and fee schedule