6 U.S.C. § 1131 — Definitions

Page 450 TITLE 6—DOMESTIC SECURITY § 1119 1 See References in Text note below. 2 So in original. 1 So in original. Probably should be ‘‘part’’. Dec. 17, 2004, 118 Stat. 3638. For complete classification of this Act to the Code, see Tables. The Implementing Recommendations of the 9/11 Com- mission Act of 2007, referred to in subsec. (b), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the TSA Moderniza- tion Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Rec- ommendations of the 9/11 Commission Act of 2007 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Administrator’’, ‘‘appropriate committees of Congress’’, ‘‘Department’’, ‘‘Secretary’’, and ‘‘TSA’’ as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation. § 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) shall expand the transportation security card program, consistent with section 70105 of title 46, to allow an applicable individual who is subject to credentialing or a background in- vestigation to apply for a transportation secu- rity card; and (2) may charge reasonable fees, in accord- ance with section 469(a) of this title, for pro- viding the necessary credentialing and back- ground investigation. (c) Vetting The Administrator shall develop and imple- ment a plan to utilize, in addition to any back- ground check required for initial issue, the Fed- eral 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 investiga- tion The term ‘‘applicable individual who is sub- ject to credentialing or a background inves- tigation’’ means only an individual who— (A) because of employment is regulated by the Transportation Security Administra- tion, Department of Transportation, or Coast Guard and is required to have a back- ground records check to obtain a hazardous materials endorsement on a commercial driver’s license issued by a State under sec- tion 5103a of title 49; or (B) is required to have a credential and background records check under section 622(d)(2) 1 of this title at a facility with ac- tivities that are regulated by the Transpor- tation 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) issued under section 70105 of title 46; (B) not expired; (C) shows 2 no signs of tampering; and (D) bears 2 a photograph of the individual representing such card. (Pub. L. 115–254, div. K, title I, § 1977, Oct. 5, 2018, 132 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 Moderniza- tion Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Rec- ommendations of the 9/11 Commission Act of 2007 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Administrator’’ as used in this sec- tion, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation. SUBCHAPTER III—PUBLIC TRANSPORTATION SECURITY § 1131. Definitions For purposes of this subchapter, the following terms apply: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Banking, Housing, and Urban Affairs, and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate and the Com- mittee on Homeland Security and the Com- mittee on Transportation and Infrastructure of the House of Representatives. (2) Department The term ‘‘Department’’ means the Depart- ment of Homeland Security. (3) Disadvantaged businesses concerns The term ‘‘disadvantaged business concerns’’ means small businesses that are owned and controlled by socially and economically dis- advantaged individuals as defined in section 1 124, title 13, Code of Federal Regulations. (4) Frontline employee The term ‘‘frontline employee’’ means an employee of a public transportation agency who is a transit vehicle driver or operator, dis- Page 451 TITLE 6—DOMESTIC SECURITY § 1133 1 See References in Text note below. patcher, maintenance and maintenance sup- port employee, station attendant, customer service employee, security employee, or tran- sit police, or any other employee who has di- rect contact with riders on a regular basis, and any other employee of a public transportation agency that the Secretary determines should receive security training under section 1137 of this title. (5) Public transportation agency The term ‘‘public transportation agency’’ means a publicly owned operator of public transportation eligible to receive Federal as- sistance under chapter 53 of title 49. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Homeland Security. (Pub. L. 110–53, title XIV, § 1402, Aug. 3, 2007, 121 Stat. 400.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘National Transit Systems Security Act of 2007’’, see section 1401 of Pub. L. 110–53, set out as a note under section 1101 of this title. § 1132. Findings Congress finds that— (1) 182 public transportation systems throughout the world have been primary tar- gets of terrorist attacks; (2) more than 6,000 public transportation agencies operate in the United States; (3) people use public transportation vehicles 33,000,000 times each day; (4) the Federal Transit Administration has invested $93,800,000,000 since 1992 for construc- tion and improvements; (5) the Federal investment in transit secu- rity has been insufficient; and (6) greater Federal investment in transit se- curity improvements per passenger boarding is necessary to better protect the American peo- ple, given transit’s vital importance in cre- ating mobility and promoting our Nation’s economy. (Pub. L. 110–53, title XIV, § 1403, Aug. 3, 2007, 121 Stat. 401.) § 1133. National Strategy for Public Transpor- tation Security (a) National Strategy Not later than 9 months after August 3, 2007, and based upon the previous and ongoing secu- rity assessments conducted by the Department and the Department of Transportation, the Sec- retary, consistent with and as required by sec- tion 114(t) 1 of title 49, shall develop and imple- ment the modal plan for public transportation, entitled the ‘‘National Strategy for Public Transportation Security’’. (b) Purpose (1) Guidelines In developing the National Strategy for Pub- lic Transportation Security, the Secretary shall establish guidelines for public transpor- tation security that— (A) minimize security threats to public transportation systems; and (B) maximize the abilities of public trans- portation systems to mitigate damage re- sulting from terrorist attack or other major incident. (2) Assessments and consultations In developing the National Strategy for Pub- lic Transportation Security, the Secretary shall— (A) use established and ongoing public transportation security assessments as the basis of the National Strategy for Public Transportation Security; and (B) consult with all relevant stakeholders, including public transportation agencies, nonprofit labor organizations representing public transportation employees, emergency responders, public safety officials, and other relevant parties. (c) Contents In the National Strategy for Public Transpor- tation Security, the Secretary shall describe prioritized goals, objectives, policies, actions, and schedules to improve the security of public transportation. (d) Responsibilities The Secretary shall include in the National Strategy for Public Transportation Security a description of the roles, responsibilities, and au- thorities of Federal, State, and local agencies, tribal governments, and appropriate stake- holders. The plan shall also include— (1) the identification of, and a plan to ad- dress, gaps and unnecessary overlaps in the roles, responsibilities, and authorities of Fed- eral agencies; and (2) a process for coordinating existing or fu- ture security strategies and plans for public transportation, including the National Infra- structure Protection Plan required by Home- land Security Presidential Directive–7; Execu- tive Order No. 13416: Strengthening Surface Transportation Security dated December 5, 2006; the Memorandum of Understanding be- tween the Department and the Department of Transportation on Roles and Responsibilities dated September 28, 2004; and subsequent an- nexes and agreements. (e) Adequacy of existing plans and strategies In developing the National Strategy for Public Transportation Security, the Secretary shall use relevant existing risk assessments and strat- egies developed by the Department or other Fed- eral agencies, including those developed or im- plemented pursuant to section 114(t) 1 of title 49 or Homeland Security Presidential Directive–7. (f) Funding There is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for fiscal year 2008. (Pub. L. 110–53, title XIV, § 1404, Aug. 3, 2007, 121 Stat. 401.)