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1 Transportation Security Administration Office of Intelligence and Analysis Program Management Division IMPLEMENTATION OF RAP BACK RECURRENT VETTING FOR AVIATION WORKERS 1 May 2017 Richard Conrad, Program Manager Walter Hamilton, Sr. Consultant - ID Technology Partners (Contractor)
2 TSA implementation of FBI Rap Back Services Provides recurrent vetting for aviation workers and air carrier population that are required by law to have fingerprint-based criminal history checks Initial Implementation began in May 2016 with two airports and one airline Participation is voluntary Roll-out to additional airports began in January 2017 TSA OIA PMD Aviation Branch: Rap Back Overview, May
3 What is Rap Back Rap Back is an FBI-provided service that is designed to assist federal, state and local agencies in the continuous vetting of individuals in a position of public trust following the initial submission of a fingerprint-based Criminal History Record Check (CHRC). Once the initial fingerprints are retained by the FBI and a Rap Back Subscription is set, if there is any subsequent criminal activity for the subscribed individual, the submitting agency will immediately be notified. TSA is deploying Rap Back recurrent vetting for up to 1 million aviation workers at up to 450 regulated airports/airlines currently, participation is voluntary TSA OIA PMD Aviation Branch: Rap Back Overview, May
4 Benefits of Rap Back With Rap Back, airports and air carriers will have a new tool available to them to help ensure those employees in positions of trust are not an insider threat. Rap Back is provided by the FBI at no additional cost Airports and air carriers who enroll their workers automatically receive notification of new criminal activity, removing the need to re-submit fingerprints periodically (e.g., every two years) Solves the snapshot in time issue associated with one-time fingerprint-based criminal background checks TSA OIA PMD Aviation Branch: Rap Back Overview, May
5 High Level Rap Back Functions There are three high level functions related to the TSA Rap Back Program for aviation workers. Search Retain Notify Agency submission of fingerprints for civil applicants to the FBI Next Generation Identification (NGI) system for a criminal history record check (CHRC) FBI retention of fingerprints (as new Identities or matched to existing Identities) in NGI FBI notification of any future reported events selected as Rap Back Triggering Events, for which the Subscriber is authorized TSA OIA PMD Aviation Branch: Rap Back Overview, May
6 Triggering Events Triggering events are criminal, and in some cases, civil, events that are recorded on an individual s rap sheet and may be deemed disqualifiers for employment in trusted positions. Arrests (Criminal Retain Submission) Dispositions Sex Offender Registry Entry Expungement/ Partial Expungement Warrant Entry with FBI Number included Death Notices Warrant Deletion Warrant Modification Sex Offender Registry Deletion Sex Offender Registry Modification When an airport/air carrier receives a Rap Back notification that lists a disqualifying trigger, there is an opportunity for timely adjudication and risk mitigation. TSA OIA PMD Aviation Branch: Rap Back Overview, May
7 Aviation Worker Disqualifying Crimes Within last 10 years, convicted, or found not guilty of by reason of insanity, of: (1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation (2) Interference with air navigation (3) Improper transportation of a hazardous material (4) Aircraft piracy (5) Interference with flight crew members or flight attendants (6) Commission of certain crimes aboard aircraft in flight (7) Carrying a weapon or explosive aboard aircraft (8) Conveying false information and threats (9) Aircraft piracy outside the special aircraft jurisdiction of the United States (10) Lighting violations involving transporting controlled substances (11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements (12) Destruction of an aircraft or aircraft facility (13) Murder (14) Assault with intent to murder (15) Espionage (16) Sedition (17) Kidnapping or hostage taking (18) Treason (19) Rape or aggravated sexual abuse (20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon (21) Extortion (22) Armed or felony unarmed robbery (23) Distribution of, or intent to distribute, a controlled substance (24) Felony arson (25) Felony involving a threat (26) Felony involving (i) Willful destruction of property; (ii) Importation or manufacture of a controlled substance; (iii) Burglary; (iv) Theft; (v) Dishonesty, fraud, or misrepresentation; (vi) Possession or distribution of stolen property; (vii) Aggravated assault; (viii) Bribery; or (ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. (27) Violence at international airports (28) Conspiracy or attempt to commit any of the criminal acts listed 7
8 Civil Applicant Subscription Process The following depicts the process of subscribing an aviation worker to Rap Back, from the initial fingerprinting process to when the prints are retained in the NGI system. Airport Badging Office Designated Aviation Channelers FBI NGI TSA Fingerprint Record Fingerprint Record & Subscription Request No Match in NGI Confirmation Received Response & Confirmation of Rap Back Subscription Identity established & Rap Back Subscription Created TSA OIA PMD Aviation Branch: Rap Back Overview, May
9 Rap Back Notification Process The following depicts the Rap Back Notification process from when an aviation worker has their fingerprints submitted by any law enforcement agency to when TSA receives the notification. State Police Department State Investigative Bureau FBI NGI Employee Commits Crime Fingerprints sent Criminal fingerprints uploaded to state repository Identity Match to Subscribed Identity Police Department does or does not take action Airport Badging Office Response & Identity History Summary (rap sheet) Returned TSA Update Identity & Send Rap Back Notification Opportunity for Review and Adjudication Does or Does Not Take Action Rap Back Activity Notification TSA OIA PMD Aviation Branch: Rap Back Overview, May
10 TSA s Rap Back Implementation Operational Impacts
11 NO. OF PEOPLE SUBSCRIBED TSA Rap Back Subscriptions thru 28 Apr Over 60,000 Active Subscriptions JAN FEB MAR APR MAY
12 Rap Back Activity Notifications thru 28 April 2017 Triggering Event Rap Back Activity Notifications Arrest 353 Court Dispositions 209 Warrant Issued 45 Warrant Modified 12 Warrant Deleted 24 Expungement/Partial Expungement 63 Sexual Offender Registry Deletion Notifications through 28 April 2017 Sex Offender Add or Modification 4 Consolidations & Death Notices 4 Total Notifications 715 Unique Individuals 579 Note: A Consolidation notice is issued by FBI when two records for an individual are combined into one, usually to correct an administrative error 12
13 Rap Back Activity Notifications thru 28 April % 1% 1% Arrest 2% 3% 9% Court Dispositions 6% Warrant Issued 49% Warrant Modified Warrant Deleted 29% Expungement/Partial Expungement Sexual Offender Registry Deletion Sex Offender Add or Modification Consolidations & Death Notices 13
14 TSA Rap Back Statistics 24 airports and 1 air carrier voluntarily participating Over 80 additional airports in process About 1 Rap Back Activity Notification received per week for every 1,200 people subscribed Averaging about 50 Rap Back Activity Notifications per week now Only 3-5% of Rap Back Activity Notifications result in a disqualification TSA OIA PMD Aviation Branch: Rap Back Overview, May
15 Examples of Rap Back Operational Impact May 2016: The initial Criminal History Check shows no record at FBI; a badge is issued and the person is subscribed in Rap Back July 2016: FBI sends Rap Back Notification showing updated information New information disclosed a prior arrest for aggravated robbery (causing serious bodily injury to another or using or exhibiting a deadly weapon) Updated information from Rap Back Notification resulted in suspension of access Without Rap Back, the badging office may not have been aware of the updated information for 22 months until the Criminal History Check was renewed in May 2018 TSA OIA PMD Aviation Branch: Rap Back Overview, May
16 Examples of Rap Back Activity Notifications Resulting in Disqualification Disqualifying Event Date of Rap Back Activity Notification of Disqualifying Event Days Remaining on Badge Until Next Criminal History Check Arson 8/7/ Felony Marijuana Possession 10/19/ Sexual Assault 12/28/ Felony Drug Charges 1/4/
17 Feedback from Airport My team and I appreciate the support that the TSA team have provided to us during the Rap Back pilot and ongoing utilization of the Rap Back Service. we are strong supporters of the value and efficacy of the RB Service as a single instance of undisclosed criminal history activity that the airport or air carrier was not aware of has the capability to seriously compromise security on both a local and national level, as well as cause significant reputational damage. Heightened situational awareness and being able to make informed decisions regarding the suitability of our badge holders are significant benefits of this program.dialogue between our airport, State Police, and TSA has been extremely valuable and we are very appreciative of our partnership with the TSA team supporting this program. Michele R. Freadman Deputy Director, Aviation Security Operations Massachusetts Port Authority 17
18 Lessons Learned TSA sees great value in Rap Back through enhanced situational awareness cost avoidance of periodic re-submission of fingerprints FBI provides excellent support and guidance Not as simple to implement as expected Allow more time for required FBI check-list approval 90-day Initial Implementation phase was very useful Received more Rap Back Activity Notifications than expected - but less than 3% are disqualifying Stakeholder training and outreach is important 18
19 Point of Contact TSA Rap Back Program Manager Richard Conrad TSA OIA PMD Aviation Branch: Rap Back Overview, May
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