6 U.S.C. § 1206

section 70105 of title 46section 5103a of title 49An individual who has a valid transportation employee identification card issued by the Secretary under shall be deemed to have met the background records check required under .

Nothing in this section prevents or preempts a State from conducting a criminal records check of an individual that has applied for a license to operate a motor vehicle transporting in commerce a hazardous material.