Rule requiring
fingerprint-based driver background checks delayed until 2005
The rule requiring fingerprint-based
background checks for drivers seeking hazardous materials endorsements on
their commercial driver licenses (CDLs) has been delayed until Jan 31, 2005.
In addition, while the Transportation Safety Administration (TSA) is
conducting the driver's security threat assessments, the state that issued
the endorsement may extend the CDL expiration date to June 28, 2005,
according to the April 6 in the Federal Register.
TSA originally set the deadline for the states to begin the program as Dec
31, 2003, but it was delayed until April 1, 2004. It was further delayed
because at least 35 states asked for more time to change their existing CDL
programs to meet the new requirements. Another concern was establishing fees
to cover the expenses of the new procedures.
The rule (49 CFR Part 1572) forbids a state from issuing the hazmat
endorsement unless TSA has first determined that the individual does not
pose a security risk warranting denial of the license. In addition, the
attorney general is required to carry out a background records check of the
individual applying for the endorsement, and upon completing the check, to
notify TSA of the results. TSA then determines whether the individual poses
a security risk warranting denial of the endorsement, and subsequently
notifies the state.
The background records check must consist of: (1) a check of the relevant
criminal history databases; (2) in the case of an alien, a check of the
relevant databases to determine the status of the alien under US immigration
laws; and (3) as appropriate, a check of the relevant international
databases through Interpol-US National Central Bureau or other appropriate
means.
This latest rule stems from a May 5, 2003, interim final rule that required
the security threat assessment. At that time, TSA also said it would provide
guidance on how fingerprints would be collected and adjudicated.
TSA is preparing rulemaking documents to establish what it says are
reasonable fees for this and other similar credentialing programs, according
to the information.
If TSA determines that an individual does not meet the security threat
assessment standards before completing the fingerprint-based criminal
history records check, and directs the state to revoke the individual's
hazmat endorsement, the individual may submit fingerprints in a form and
manner specified by TSA if he or she believes that the determination is
based on mistaken identity.
Beginning Jan 31, 2005, states must notify drivers holding a hazmat
endorsement that they will be subject to the assessment.
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