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2026-07-06 09:52:37 -04:00

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LegalText 6 U.S.C. § 469 Fees for credentialing and background investigations in transportation us united_states_code code_section 6 DOMESTIC SECURITY 1 HOMELAND SECURITY ORGANIZATION 469 6 U.S.C. § 469 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc06@119-100.zip /us/usc/t6/s469 data/legal/raw/us/code/title-06/usc06.xml 390695154b8cc6bf61788dc5dfd9242030f4206d1004f9a82becbff5dcaa257b a286ebc069cd8c7d317b4084d217abe94cd2a3642b1a3e409a909d1e92452161 9067c7e60d660995db39b28ee5251bbfcb6a8def1dcbde5d618dc9a55265e6a7 2026-07-04 official
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6 U.S.C. § 469 - Fees for credentialing and background investigations in transportation

Text

(a) Fees 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 assessments Notwithstanding 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 training If 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) Fees The 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. 10890, title V, § 520, Oct. 1, 2003, 117 Stat. 1156; Pub. L. 110329, div. D, title V, § 543, Sept. 30, 2008, 122 Stat. 3689.)

Notes

Editorial Notes

Codification Section 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. 110329 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).