(a)
(A) holds a transportation security card issued under this section and is authorized to be in the area in accordance with the plan; or
(B) is accompanied by another individual who holds a transportation security card issued under this section and is authorized to be in the area in accordance with the plan.
(2) A person shall not admit an individual into such a secure area unless the entry of the individual into the area is in compliance with paragraph (1).
(b)
(2) This subsection applies to—
(A) an individual allowed unescorted access to a secure area designated in a vessel or facility security plan approved under section 70103 of this title;
(B) an individual issued a license, certificate of registry, or merchant mariners document under part E of subtitle II of this title allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title;
(C) a vessel pilot;
(D) an individual engaged on a towing vessel that pushes, pulls, or hauls alongside a tank vessel allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title;
(E) an individual with access to security sensitive information as determined by the Secretary;
(F) other individuals engaged in port security activities as determined by the Secretary;
(G) a member of the Armed Forces who—
(i) is undergoing separation, discharge, or release from the Armed Forces under honorable conditions;
(ii) applies for a transportation security card; and
(iii) is otherwise eligible for such a card; and
(H) other individuals as determined appropriate by the Secretary including individuals employed at a port not otherwise covered by this subsection.
(3) The Secretary may extend for up to one year the expiration of a biometric transportation security card required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73.
(c)
(1)
(A)
(i) Espionage or conspiracy to commit espionage.
(ii) Sedition or conspiracy to commit sedition.
(iii) Treason or conspiracy to commit treason.
(iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18), a crime under a comparable State law, or conspiracy to commit such crime.
(v) A crime involving a transportation security incident.
(vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49, or a comparable State law.
(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In this clause, an explosive or explosive device includes—
(I) an explosive (as defined in sections 232(5) and 844(j) of title 18);
(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); and
(III) a destructive device (as defined in 921(a)(4) of title 18 or section 5845(f) of the Internal Revenue Code of 1986).
(viii) Murder.
(ix) Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a State or other government facility, a public transportation system, or an infrastructure facility.
(x) A violation of chapter 96 of title 18, popularly known as the Racketeer Influenced and Corrupt Organizations Act, or a comparable State law, if one of the predicate acts found by a jury or admitted by the defendant consists of one of the crimes listed in this subparagraph.
(xi) Attempt to commit any of the crimes listed in clauses (i) through (iv).
(xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x).
(B)
(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, a firearm or other weapon. In this clause, a firearm or other weapon includes—
(I) firearms (as defined in section 921(a)(3) of title 18 or section 5845(a) of the Internal Revenue Code of 1986); and
(II) items contained on the U.S. Munitions Import List under section 447.21 of title 27, Code of Federal Regulations.
(ii) Extortion.
(iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering if the money laundering is related to a crime described in this subparagraph or subparagraph (A). In this clause, welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation.
(iv) Bribery.
(v) Smuggling.
(vi) Immigration violations.
(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
(viii) Arson.
(ix) Kidnaping or hostage taking.
(x) Rape or aggravated sexual abuse.
(xi) Assault with intent to kill.
(xii) Robbery.
(xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph.
(xiv) Fraudulent entry into a seaport in violation of section 1036 of title 18, or a comparable State law.
(xv) A violation of the chapter 96 of title 18 (popularly known as the Racketeer Influenced and Corrupt Organizations Act) or a comparable State law, other than any of the violations listed in subparagraph (A)(x).
(C)
(D)
(i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony—
(I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or
(II) for causing a severe transportation security incident;
(ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i);
(iii) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
(iv) otherwise poses a terrorism security risk to the United States.
(E)
(2) The Secretary shall prescribe regulations that establish a waiver process for issuing a transportation security card to an individual found to be otherwise ineligible for such a card under subparagraph (A), (B), or (D) of paragraph (1). In deciding to issue a card to such an individual, the Secretary shall—
(A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk warranting denial of the card; and
(B) issue a waiver to an individual without regard to whether that individual would otherwise be disqualified if the individual's employer establishes alternate security arrangements acceptable to the Secretary.
(3)
(A)
(B)
(C)
(D)
(i)
(ii)
(iii)
(E)
(4) The Secretary shall establish an appeals process under this section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing.
(5) Upon application, the Secretary may issue a transportation security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does not pose a security risk.
(d)
(A) conduct a background records check regarding the individual; and
(B) upon completing the background records check, notify the Secretary of the completion and results of the background records check.
(2) A background records check regarding an individual under this subsection shall consist of the following:
(A) A check of the relevant criminal history databases.
(B) In the case of an alien, a check of the relevant databases to determine the status of the alien under the immigration laws of the United States.
(C) As appropriate, a check of the relevant international databases or other appropriate means.
(D) Review of any other national security-related information or database identified by the Attorney General for purposes of such a background records check.
(e)
(2) Any information constituting grounds for denial of a transportation security card under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section. The Secretary may share any such information with other Federal law enforcement agencies. An individual's employer may only be informed of whether or not the individual has been issued the card under this section.
(f)
(g)
(h)
(1) are for costs associated with the issuance, production, and management of the transportation security card, as determined by the Secretary; and
(2) do not include costs associated with performing a background check for that individual, except for any incremental costs in the event that the scope of such background checks diverge.
(i)
(1) establish a priority for each United States port based on risk, including vulnerabilities assessed under section 70102; and
(2) implement the program, based upon such risk and other factors as determined by the Secretary, at all facilities regulated under this chapter at—
(A) the 10 United States ports that the Secretary designates top priority not later than July 1, 2007;
(B) the 40 United States ports that are next in order of priority to the ports described in subparagraph (A) not later than January 1, 2008; and
(C) all other United States ports not later than January 1, 2009.
(j)
(2) Not later than 30 days after the submission of such an application by an individual who is eligible to submit such an application, the Secretary shall process and approve or deny the application unless an appeal or waiver applies or further application documentation is necessary.
(k)
(1)
(A)
(B)
(C)
(2)
(A)
(B)
(3)
(4)
(A) the findings of the pilot program with respect to technical and operational impacts of implementing a transportation security card reader system;
(B) any actions that may be necessary to ensure that all vessels and facilities to which this section applies are able to comply with such regulations; and
(C) an analysis of the viability of equipment under the extreme weather conditions of the marine environment.
(l)
(m)
(1) the vessel has more individuals on the crew that are required to have a transportation security card than the number the Secretary determines, by regulation issued under subsection (k)(3), warrants such a reader; or
(2) the Secretary determines that the vessel is at risk of a severe transportation security incident.
(n) The Secretary may use a secondary authentication system to verify the identification of individuals using transportation security cards when the individual's fingerprints are not able to be taken or read.
(o)
(p)
(q)
(1)
(2)
Editorial Notes
References in Text
Section 5845 of the Internal Revenue Code of 1986, referred to in subsec. (c)(1)(A)(vii)(III), (B)(i)(I), is classified to section 5845 of Title 26, Internal Revenue Code.
The Immigration and Nationality Act, referred to in subsec. (c)(1)(D)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The Classified Information Procedures Act, referred to in subsec. (c)(3)(D)(i), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
The date of the enactment of the SAFE Port Act, referred to in subsecs. (k)(1)(C) and (l), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006.
Section 2(1) of the SAFE Port Act, referred to in subsecs. (k)(4) and (l), is classified to section 901(1) of Title 6, Domestic Security.
Amendments
2016—Subsec. (b)(2)(G), (H). Pub. L. 114–328, §3509(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H).
Subsec. (c)(1)(B)(xv). Pub. L. 114–120, §306(a)(9)(A), substituted "18 (popularly" for "18, popularly" and "Act)" for "Act".
Subsec. (c)(2). Pub. L. 114–120, §306(a)(9)(B), substituted "(D) of paragraph" for "(D) paragraph" in introductory provisions.
Subsec. (j). Pub. L. 114–328, §3509(a)(2), amended subsec. (j) generally. Prior to amendment, text read as follows: "Not later than January 1, 2009, the Secretary shall process and issue or deny each application for a transportation security card under this section for individuals with current and valid merchant mariners' documents on the date of the enactment of the SAFE Port Act."
2010—Subsec. (b)(2)(B). Pub. L. 111–281, §809(1), inserted "allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title" after "subtitle II of this title".
Subsec. (b)(2)(D). Pub. L. 111–281, §809(2), inserted "allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title" after "tank vessel".
Subsec. (b)(3). Pub. L. 111–281, §819, as amended by Pub. L. 111–330, added par. (3).
Subsec. (c)(3)(C). Pub. L. 111–281, §903(c)(2), substituted "Director of National Intelligence" for "National Intelligence Director".
Subsec. (n). Pub. L. 111–281, §814, added subsec. (n).
Subsecs. (o), (p). Pub. L. 111–281, §818(a), added subsecs. (o) and (p).
Subsec. (q). Pub. L. 111–281, §823, added subsec. (q).
2007—Subsec. (b)(1). Pub. L. 110–53, §1309(a)(1), substituted "determines under subsection (c) that the individual poses a security risk" for "decides that the individual poses a security risk under subsection (c)".
Subsec. (c)(1). Pub. L. 110–53, §1309(a)(2), inserted heading and amended text of par. (1) generally, substituting provisions relating to disqualifications, consisting of subpars. (A) to (E), for former provisions relating to when individuals may be denied transportation security cards, consisting of subpars. (A) to (D).
2006—Subsec. (b)(2)(G). Pub. L. 109–347, §104(b)(1), added subpar. (G).
Subsec. (c)(2). Pub. L. 109–347, §104(b)(2), inserted "subparagraph (A), (B), or (D)" before "paragraph (1)".
Subsec. (c)(3) to (5). Pub. L. 109–241 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsecs. (g) to (m). Pub. L. 109–347, §104(a), added subsecs. (g) to (m).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–328, div. C, title XXXV, §3509(c), Dec. 23, 2016, 130 Stat. 2781, provided that: "Section 70105(j)(2) of title 46, United States Code, as amended by this section, shall apply to applications for transportation security cards submitted after the expiration of the 180-day period beginning on the date of the enactment of this Act [Dec. 23, 2016]."
Effective Date of 2010 Amendment
Pub. L. 111–330, §1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(13) is effective with the enactment of Pub. L. 111–281.
Deadline for Memorandum
Pub. L. 114–328, div. C, title XXXV, §3509(b), Dec. 23, 2016, 130 Stat. 2781, provided that: "The Secretary of the department in which the Coast Guard is operating and the Secretary of Defense shall enter into the memorandum of understanding required by the amendment made by subsection (a)(2) by not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016]."
Deadline for Section 70105 Regulations
Pub. L. 109–347, title I, §104(c), Oct. 13, 2006, 120 Stat. 1891, provided that: "Not later than January 1, 2007, the Secretary [of Homeland Security] shall promulgate final regulations implementing the requirements for issuing transportation security cards under section 70105 of title 46, United States Code. The regulations shall include a background check process to enable newly hired workers to begin working unless the Secretary makes an initial determination that the worker poses a security risk. Such process shall include a check against the consolidated and integrated terrorist watch list maintained by the Federal Government."
Transportation Worker Identification Credential Security Card Program Improvements and Assessment
Pub. L. 114–278, §1, Dec. 16, 2016, 130 Stat. 1410, provided that:
"(a)
"(1)
"(2)
"(A) conducting a comprehensive risk analysis of security threat assessment procedures, including—
"(i) identifying those procedures that need additional internal controls; and
"(ii) identifying best practices for quality assurance at every stage of the security threat assessment;
"(B) implementing the additional internal controls and best practices identified under subparagraph (A);
"(C) improving fraud detection techniques, such as—
"(i) by establishing benchmarks and a process for electronic document validation;
"(ii) by requiring annual training for Trusted Agents; and
"(iii) by reviewing any security threat assessment-related information provided by Trusted Agents and incorporating any new threat information into updated guidance under subparagraph (D);
"(D) updating the guidance provided to Trusted Agents regarding the vetting process and related regulations;
"(E) finalizing a manual for Trusted Agents and adjudicators on the vetting process; and
"(F) establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions.
"(3)
"(b)
"(1)
"(2)
"(A) a national laboratory;
"(B) a university-based center within the Science and Technology Directorate's centers of excellence network; or
"(C) a qualified Federally-funded research and development center.
"(3)
"(A) review the credentialing process by determining—
"(i) the appropriateness of vetting standards;
"(ii) whether the fee structure adequately reflects the current costs of vetting;
"(iii) whether there is unnecessary redundancy or duplication with other Federal- or State-issued transportation security credentials; and
"(iv) the appropriateness of having varied Federal and State threat assessments and access controls;
"(B) review the process for renewing applications for Transportation Worker Identification Credentials, including the number of days it takes to review application, appeal, and waiver requests for additional information; and
"(C) review the security value of the Program by—
"(i) evaluating the extent to which the Program, as implemented, addresses known or likely security risks in the maritime and port environments;
"(ii) evaluating the potential for a non-biometric credential alternative;
"(iii) identifying the technology, business process, and operational impacts of the use of the transportation security card and transportation security card readers in the maritime and port environments;
"(iv) assessing the costs and benefits of the Program, as implemented; and
"(v) evaluating the extent to which the Secretary of Homeland Security has addressed the deficiencies in the Program identified by the Government Accountability Office and the Inspector General of the Department of Homeland Security before the date of enactment of this Act.
"(4)
"(5)
"(c)
"(1) responds to findings of the assessment;
"(2) includes an implementation plan with benchmarks;
"(3) may include programmatic reforms, revisions to regulations, or proposals for legislation; and
"(4) shall be considered in any rulemaking by the Department of Homeland Security relating to the Program.
"(d)
"(1) not later than 120 days after the date of such submission, review the extent to which such plan implements the requirements under subsection (c); and
"(2) not later than 18 months after the date of such submission, and annually thereafter for 3 years, submit a report to the congressional committees set forth in subsection (c) that describes the progress of the implementation of such plan."
Transportation Worker Identification Credential Process Reform
Pub. L. 112–213, title VII, §709, Dec. 20, 2012, 126 Stat. 1581, provided that: "Not later than 270 days after the date of enactment of this Act [Dec. 20, 2012], the Secretary of Homeland Security shall reform the process for Transportation Worker Identification Credential enrollment, activation, issuance, and renewal to require, in total, not more than one in-person visit to a designated enrollment center except in cases in which there are extenuating circumstances, as determined by the Secretary, requiring more than one such in-person visit."
Pilot Program for Fingerprinting of Maritime Workers
Pub. L. 111–281, title VIII, §808, Oct. 15, 2010, 124 Stat. 2994, provided that:
"(a)
"(b)
Assessment of Transportation Security Card Enrollment Sites
Pub. L. 111–281, title VIII, §815, Oct. 15, 2010, 124 Stat. 2999, provided that:
"(a)
"(1) the feasibility of keeping those enrollment sites open after the date of enactment of this Act; and
"(2) the quality of customer service, including the periods of time individuals are kept on hold on the telephone, whether appointments are kept, and processing times for applications.
"(b)
Receipt of Cards
Pub. L. 111–281, title VIII, §818(b), Oct. 15, 2010, 124 Stat. 3000, provided that:
"(1)
"(2)
Prohibition of Issuance of Transportation Security Cards to Persons Convicted of Certain Felonies
Pub. L. 109–347, title I, §106, Oct. 13, 2006, 120 Stat. 1891, provided that: "The Secretary [of Homeland Security], in issuing a final rule pursuant to section 70105 of title 46, United States Code, shall provide for the disqualification of individuals who have been found guilty or have been found not guilty by reason of insanity of a felony, involving—
"(1) treason, or conspiracy to commit treason;
"(2) espionage, or conspiracy to commit espionage;
"(3) sedition, or conspiracy to commit sedition; or
"(4) a crime listed in chapter 113B of title 18, United States Code, a comparable State law, or conspiracy to commit such crime."