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

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-