2014 US Code
Title 6 - Domestic Security (Sections 101 - 1405)
Chapter 1 - Homeland Security Organization (Sections 101 - 629)
Subchapter VIII - Coordination With Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions (Sections 361 - 488i)
Part H - Miscellaneous Provisions (Sections 451 - 471)
Sec. 469 - Fees for credentialing and background investigations in transportation
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 6 - DOMESTIC SECURITY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER VIII - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS Part H - Miscellaneous Provisions Sec. 469 - Fees for credentialing and background investigations in transportation |
Contains | section 469 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 108-90, title V, §520, Oct. 1, 2003, 117 Stat. 1156; Pub. L. 110-329, div. D, title V, §543, Sept. 30, 2008, 122 Stat. 3689. |
Statutes at Large References | 117 Stat. 1156 122 Stat. 3689 |
Public and Private Laws | Public Law 108-90, Public Law 110-329 |
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For fiscal year 2004 and thereafter, the Secretary of Homeland Security shall charge reasonable fees for providing credentialing and background investigations in the field of transportation: Provided, That the establishment and collection of fees shall be subject to the following requirements:
(1) such fees, in the aggregate, shall not exceed the costs incurred by the Department of Homeland Security associated with providing the credential or performing the background record checks;
(2) the Secretary shall charge fees in amounts that are reasonably related to the costs of providing services in connection with the activity or item for which the fee is charged;
(3) a fee may not be collected except to the extent such fee will be expended to pay for the costs of conducting or obtaining a criminal history record check and a review of available law enforcement databases and commercial databases and records of other governmental and international agencies; reviewing and adjudicating requests for waiver and appeals of agency decisions with respect to providing the credential, performing the background record check, and denying requests for waiver and appeals; and any other costs related to providing the credential or performing the background record check; and
(4) any fee collected shall be available for expenditure only to pay the costs incurred in providing services in connection with the activity or item for which the fee is charged and shall remain available until expended.
(b) Recurrent training of aliens in operation of aircraft(1) Process for reviewing threat assessmentsNotwithstanding section 44939(e) of title 49, the Secretary shall establish a process to ensure that an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)) applying for recurrent training in the operation of any aircraft is properly identified and has not, since the time of any prior threat assessment conducted pursuant to section 44939(a) of such title, become a risk to aviation or national security.
(2) Interruption of trainingIf the Secretary determines, in carrying out the process established under paragraph (1), that an alien is a present risk to aviation or national security, the Secretary shall immediately notify the person providing the training of the determination and that person shall not provide the training or if such training has commenced that person shall immediately terminate the training.
(3) FeesThe Secretary may charge reasonable fees under subsection (a) for providing credentialing and background investigations for aliens in connection with the process for recurrent training established under paragraph (1). Such fees shall be promulgated by notice in the Federal Register.
(Pub. L. 108–90, title V, §520, Oct. 1, 2003, 117 Stat. 1156; Pub. L. 110–329, div. D, title V, §543, Sept. 30, 2008, 122 Stat. 3689.)
CODIFICATIONSection was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
AMENDMENTS2008—Pub. L. 110–329 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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