Page:United States Statutes at Large Volume 121.djvu/469

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[121 STAT. 448]
[121 STAT. 448]
PUBLIC LAW 110-000—MMMM. DD, 2007

121 STAT. 448

PUBLIC LAW 110–53—AUG. 3, 2007 the Secretary of Homeland Security shall respond promptly to such person and acknowledge receipt of the report. ‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall take appropriate steps to address any problems or deficiencies identified.’’.

6 USC 1170.

SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.

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(a) DEFINITIONS.—In this section, the following definitions apply: (1) SECURITY BACKGROUND CHECK.—The term ‘‘security background check’’ means reviewing, for the purpose of identifying individuals who may pose a threat to transportation security or national security, or of terrorism— (A) relevant criminal history databases; (B) in the case of an alien (as defined in 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; and (C) other relevant information or databases, as determined by the Secretary. (2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means an employee of a railroad carrier or a contractor or subcontractor of a railroad carrier. (b) GUIDANCE.— (1) Any guidance, recommendations, suggested action items, or any other widely disseminated voluntary action items issued by the Secretary to a railroad carrier or a contractor or subcontractor of a railroad carrier 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) Within 60 days after the date of enactment of this Act, any guidance, recommendations, suggested action items, or any other widely disseminated voluntary action item issued by the Secretary prior to the date of enactment of this Act to a railroad carrier or a contractor or subcontractor of a railroad carrier relating to performing a security background check of a covered individual shall be updated in compliance with paragraph (1). (3) If a railroad carrier or a contractor or subcontractor of a railroad carrier 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 railroad carrier or contractor or subcontractor of a railroad carrier to perform a security background check of a covered individual, then the Secretary shall prohibit the railroad carrier or contractor or subcontractor of a railroad carrier from making an adverse employment decision, including removal

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