6 U.S.C. § 1143 — Security background checks of covered individuals for public transportation
submitted 19 years ago by Pub. L. 110-53 to r/title-6-DOMESTIC-SECURITY · 1,040 words · no verdicts yet
This section governs security background-check guidance and required checks for public transportation workers. It sets disqualifying-offense rules, appeal and remedy rights, bans knowing misrepresentations, and preserves other laws and rights.
(a) Definitions. (1) “Security background check” means reviewing relevant criminal-history databases; for an “alien,” as defined in 8 U.S.C. § 1101(a)(3), immigration-status databases; and other relevant information or databases the Secretary* identifies, to find people who may threaten transportation security, national security, or pose a terrorism threat. This section does not otherwise define “alien.” (2) “Covered individual” means an employee of a public transportation agency* or its contractor or subcontractor.
(b) Guidance. (1) Any widely distributed voluntary guidance or recommendation from the Secretary about checking a covered individual must recommend the check’s proper scope and use, including the time period, disqualifying offenses, and a redress process consistent with (c) and (d). (2) Within 60 days after August 3, 2007, such guidance issued before that date had to be updated to comply. (3) If an agency* or contractor performs a check to fulfill the guidance, the Secretary may not treat the guidance as fulfilled unless covered individuals receive the adequate redress process in (d).
(c) Requirements. If the Secretary requires a check by rule, regulation, or directive, the Secretary must prohibit an adverse employment decision, including removal or suspension, based on it unless the agency or contractor determines the individual (1) was convicted of, found not guilty by reason of insanity of, or is wanted, under warrant, or indicted for a permanent disqualifying offense in 49 C.F.R. part 1572; (2) was convicted of or found not guilty by reason of insanity of an interim disqualifying offense there within 7 years before the check; or (3) was imprisoned for such an offense and released within 5 years before the check.
(d) Redress. If such a required check causes an adverse decision, the Secretary must (1) provide an adequate redress process consistent with both the appeals process and the waiver process established for applicants for commercial motor vehicle hazardous-materials endorsements and transportation workers at ports, as required by 49 U.S.C. § 70105(c), and (2) be able to order an appropriate remedy, including reinstatement, if the decision was wrongful.
(e) False statements. An agency or contractor may not knowingly misrepresent to an employee or other relevant person, including a labor-arbitration arbiter, the scope, application, or meaning of the Secretary’s check rules, directives, or guidance. Within 1 year after August 3, 2007, the Secretary had to issue a regulation prohibiting that conduct.
(f) Rights and responsibilities. This section does not limit an agency’s or contractor’s right or duty under other Federal, State*, or local law to make permitted adverse employment decisions. It also does not limit covered individuals’, agencies’, or contractors’ rights and duties under those laws or a collective-bargaining agreement. (g) No preemption. This section does not preempt a Federal, State, or local law requiring criminal-history, immigration-status, or other checks. (h) Construction. It does not affect the review process under 46 U.S.C. § 70105(c), including regulations under that section.
In this section, the following definitions apply:
The term “security background check” means reviewing the following for the purpose of identifying individuals who may pose a threat to transportation security, national security, or of terrorism:
Relevant criminal history databases.
In the case of an alien (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), the relevant databases to determine the status of the alien under the immigration laws of the United States.
Other relevant information or databases, as determined by the Secretary*.
The term “covered individual” means an employee of a public transportation agency* or a contractor or subcontractor of a public transportation agency*.
Any guidance, recommendations, suggested action items, or any other widely disseminated voluntary action item issued by the Secretary to a public transportation agency or a contractor or subcontractor of a public transportation agency relating to performing a security background check of a covered individual shall contain recommendations on the appropriate scope and application of such a security background check, including the time period covered, the types of disqualifying offenses, and a redress process for adversely impacted covered individuals consistent with subsections (c) and (d) of this section.
Not later than 60 days after August 3, 2007, any guidance, recommendations, suggested action items, or any other widely disseminated voluntary action item issued by the Secretary prior to August 3, 2007, to a public transportation agency or a contractor or subcontractor of a public transportation agency relating to performing a security background check of a covered individual shall be updated in compliance with paragraph (b)(1).
If a public transportation agency or a contractor or subcontractor of a public transportation agency performs a security background check on a covered individual to fulfill guidance issued by the Secretary under paragraph (1) or (2), the Secretary shall not consider such guidance fulfilled unless an adequate redress process as described in subsection (d) is provided to covered individuals.
If the Secretary issues a rule, regulation or directive requiring a public transportation agency or contractor or subcontractor of a public transportation agency to perform a security background check of a covered individual, then the Secretary shall prohibit a public transportation agency or contractor or subcontractor of a public transportation agency from making an adverse employment decision, including removal or suspension of the employee, due to such rule, regulation, or directive with respect to a covered individual unless the public transportation agency or contractor or subcontractor of a public transportation agency determines that the covered individual—
has been convicted of, has been found not guilty of by reason of insanity, or is under want, warrant, or indictment for a permanent disqualifying criminal offense listed in part 1572 of title 49, Code of Federal Regulations;
was convicted of or found not guilty by reason of insanity of an interim disqualifying criminal offense listed in part 1572 of title 49, Code of Federal Regulations, within 7 years of the date that the public transportation agency or contractor or subcontractor of the public transportation agency performs the security background check; or
was incarcerated for an interim disqualifying criminal offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the date that the public transportation agency or contractor or subcontractor of a public transportation agency performs the security background check.
If the Secretary issues a rule, regulation, or directive requiring a public transportation agency or contractor or subcontractor of a public transportation agency to perform a security background check of a covered individual, the Secretary shall—
provide an adequate redress process for a covered individual subjected to an adverse employment decision, including removal or suspension of the employee, due to such rule, regulation, or directive that is consistent with the appeals and waiver process established for applicants for commercial motor vehicle hazardous materials endorsements and transportation workers at ports, as required by section 70105(c) of title 49; 1 and
have the authority to order an appropriate remedy, including reinstatement of the covered individual, should the Secretary determine that a public transportation agency or contractor or subcontractor of a public transportation agency wrongfully made an adverse employment decision regarding a covered individual pursuant to such rule, regulation, or directive.
A public transportation agency or a contractor or subcontractor of a public transportation agency may not knowingly misrepresent to an employee or other relevant person, including an arbiter involved in a labor arbitration, the scope, application, or meaning of any rules, regulations, directives, or guidance issued by the Secretary related to security background check requirements for covered individuals when conducting a security background check. Not later than 1 year after August 3, 2007, the Secretary shall issue a regulation that prohibits a public transportation agency or a contractor or subcontractor of a public transportation agency from knowingly misrepresenting to an employee or other relevant person, including an arbiter involved in a labor arbitration, the scope, application, or meaning of any rules, regulations, directives, or guidance issued by the Secretary related to security background check requirements for covered individuals when conducting a security background check.
Nothing in this section shall be construed to abridge a public transportation agency’s or a contractor or subcontractor of a public transportation agency’s rights or responsibilities to make adverse employment decisions permitted by other Federal, State*, or local laws. Nothing in the 2 section shall be construed to abridge rights and responsibilities of covered individuals, a public transportation agency, or a contractor or subcontractor of a public transportation agency under any other Federal, State, or local laws or collective bargaining agreement.
Nothing in this section shall be construed to preempt a Federal, State, or local law that requires criminal history background checks, immigration status checks, or other background checks of covered individuals.
Nothing in this section shall be construed to affect the process for review established under section 70105(c) of title 46, including regulations issued pursuant to such section.
Source credit: (Pub. L. 110–53, title XIV, § 1414, Aug. 3, 2007, 121 Stat. 419.)
- 2007Enacted · Pub. L. 110-53 · 121 Stat. 419
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-53 on 2007-08-03.
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