PRIA, Government Policy, Made Personal

Summary

People who need official credentials or background checks can meet that requirement by getting a valid transportation security card. The Secretary of Homeland Security must expand the card program so those people can apply, and may charge reasonable fees under existing fee rules to cover the checks. The program administrator must set up and use ongoing vetting tools, including the FBI’s Rap Back Service and the No‑Fly and Selectee lists, to get immediate alerts about any criminal activity involving someone with a valid card. Applicable individual who is subject to credentialing or a background investigation: a worker regulated by TSA, DOT, or the Coast Guard who must have a background check for things like hazardous materials endorsements or for access at regulated facilities. Valid transportation security card: an officially issued card that is not expired, not tampered with, and has the cardholder’s photo.

Title 6, §1119

Domestic Security, Source: USLM XML via OLRC

(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 investigation to apply for a transportation security card; and

(2)may charge reasonable fees, in accordance with section 469(a) of this title, 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

(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 no signs of tampering; and

(D)bears 2 a photograph of the individual representing such card.

Notes & Related Subsidiaries

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 For definition of “Administrator” 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