Page:United States Statutes at Large Volume 116 Part 3.djvu/482

 116 STAT. 2074 PUBLIC LAW 107-295—NOV. 25, 2002 paragraph (1). In deciding to issue a card to such an individual, the Secretary shall— "(A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual. Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk warranting denial of the card; and "(B) issue a waiver to an individual without regard to whether that individual would otherwise be disqualified if the individual's employer establishes alternate security arrangements acceptable to the Secretary, "(3) The Secretary shall establish an appeals process under this section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing. "(4) Upon application, the Secretary may issue a transportation security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does not pose a security risk. "(d) BACKGROUND RECORDS CHECK.— (1) On request of the Secretary, the Attorney General shall— "(A) conduct a background records check regarding the individual; and "(B) upon completing the background records check, notify the Secretary of the completion and results of the background records check. "(2) A background records check regarding an individual under this subsection shall consist of the following: "(A) A check of the relevant criminal history databases. "(B) In the case of an alien, a check of the relevant databases to determine the status of the alien under the immigration laws of the United States. "(C) As appropriate, a check of the relevant international databases or other appropriate means. "(D) Review of any other national security-related information or database identified by the Attorney General for purposes of such a background records check. "(e) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMA- TION. —<1) Information obtained by the Attorney General or the Secretary under this section may not be made available to the public, including the individual's employer. "(2) Any information constituting grounds for denial of a transportation security card under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section. The Secretary may share any such information with other Federal law enforcement agencies. An individual's employer may only be informed of whether or not the individual has been issued the card under this section. "(f) DEFINITION. —In this section, the term 'alien' has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).". "§ 70106. Maritime safety and security teams "(a) IN GENERAL.— To enhance the domestic maritime security capability of the United States, the Secretary shall establish such maritime safety and security teams as are needed to safeguard the public and protect vessels, harbors, ports, facilities, and cargo in waters subject to the jurisdiction of the United States from

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