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Title 6, Domestic SecurityRelease 119-110

§1143 Security Background Checks of Covered Individuals for Public Transportation

Title 6 › CHAPTER 4 — TRANSPORTATION SECURITY › SUBCHAPTER III — PUBLIC TRANSPORTATION SECURITY › § 1143

Last updated Sep 23, 2026|Official source

Summary

Requires public transportation employers and their contractors to follow clear rules when doing security background checks on workers. A security background check means looking at criminal history, an immigrant’s U.S. immigration records, and other relevant databases to find people who might threaten transportation or national security. A covered individual is an employee, contractor, or subcontractor who works for a public transportation agency. The Secretary must give guidance that says how deep checks should be, how far back in time to look, which offenses disqualify someone, and a way for workers to appeal. Any guidance issued before August 3, 2007 must be updated within 60 days after that date. If employers use that guidance, the Secretary will not treat it as met unless a proper appeal and redress process is available. If the Secretary issues a binding rule forcing checks, employers may not suspend or fire a covered individual for that reason unless the person meets specific disqualification rules in 49 C.F.R. part 1572: a permanent disqualifying conviction or related warrant/indictment; an interim disqualifying conviction within 7 years; or release from jail for an interim disqualifying offense within 5 years. The Secretary must provide an appeals and waiver process like the one in 49 U.S.C. 70105(c) and can order remedies, including reinstatement. Employers may not knowingly misstate what the rules mean; the Secretary must issue a regulation banning such misrepresentation within one year after August 3, 2007. Nothing here overrides other federal, state, or local laws or affects the review process in 46 U.S.C. 70105(c).

Full Legal Text

Title 6, §1143

Domestic Security, Source: USLM XML via OLRC

(a)Definitions
In this section, the following definitions apply:
(1)Security background check
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:
(A)Relevant criminal history databases.
(B)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.
(C)Other relevant information or databases, as determined by the Secretary.
(2)Covered individual
The term “covered individual” means an employee of a public transportation agency or a contractor or subcontractor of a public transportation agency.
(b)Guidance
(1)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.
(2)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).
(3)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.
(c)Requirements
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—
(1)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;
(2)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
(3)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.
(d)Redress process
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—
(1)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; and
(2)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.
(e)False statements
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.
(f)Rights and responsibilities
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 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.
(g)No preemption of Federal or State law
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.
(h)Statutory construction
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.

Reference

Citations & Metadata

Citation

6 U.S.C. § 1143

Title 6, Domestic Security

Last Updated

Sep 23, 2026

Release point: 119-110