Sec. 1977. VOLUNTARY USE OF CREDENTIALING
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## SEC. 1977 VOLUNTARY USE OF CREDENTIALING **[**[6 U.S.C. 1119](/us/usc/t6/s1119)**]** ###
(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, United States Code, 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 520(a) of the Department of Homeland Security Appropriations Act, 2004 (6 U.S.C. 469(a)), 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, United States Code; or #####
(B)is required to have a credential and background records check under section 2102(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 622(d)(2)) 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, United States Code; #####
(B)not expired; #####
(C)shows no signs of tampering; and #####
(D)bears a photograph of the individual representing such card.
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- 6 USC 622(d)(2)
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