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)

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

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

(A)

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 section 5103a of title 49 ; or

(B)

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)

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.

( Pub. L. 115–254, div. K, title I, § 1977 , Oct. 5, 2018 , 132 Stat. 3617 .)