6 U.S.C. § 1119 | Voluntary use of credentialing

(a)

In general

An applicable individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card.

(b)

Issuance of cards

The Secretary of Homeland Security—

(1)

section 70105 of title 46 shall expand the transportation security card program, consistent with , to allow an applicable individual who is subject to credentialing or a background investigation to apply for a transportation security card; and

(2)

section 469(a) of this title may charge reasonable fees, in accordance with , for providing the necessary credentialing and background investigation.

(c)

Vetting

The Administrator shall develop and implement a plan to utilize, in addition to any background check required for initial issue, the Federal Bureau of Investigation’s Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to any person with a valid transportation security card.

(d)

Definitions

In this section:

(1)

Applicable individual who is subject to credentialing or a background investigation

The term “applicable individual who is subject to credentialing or a background investigation” means only an individual who—

(A)

section 5103a of title 49 because of employment is regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver’s license issued by a State under ; or

(B)

1 See References in Text note below.

is required to have a credential and background records check under section 622(d)(2)  of this title at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard.

(2)

Valid transportation security card

The term “valid transportation security card” means a transportation security card that is—

(A)

section 70105 of title 46 issued under ;

(B)

not expired;

(C)

2 So in original.

shows  no signs of tampering; and

(D)

² bears  a photograph of the individual representing such card.

Pub. L. 115–254, div. K, title I, § 1977Oct. 5, 2018132 Stat. 3617(, , .)

Editorial Notes

References in Text

Section 622 of this title, referred to in subsec. (d)(1)(B), was omitted from the Code.

Codification

Section was enacted as part of the TSA Modernization Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition

section 1902 of Pub. L. 115–254 section 101 of Title 49For definition of “Administrator” as used in this section, see , set out as a note under , Transportation.