1625--NEW Stat/Authority

§ 70104

TITLE 46—SHIPPING

§ 70104. Transportation
sponse

security

incident

re-

(a) FACILITY AND VESSEL RESPONSE PLANS.—
The Secretary shall—
(1) establish security incident response plans
for vessels and facilities that may be involved
in a transportation security incident; and
(2) make those plans available to the Administrator of the Federal Emergency Management Agency for inclusion in the Administrator’s response plan for United States ports and
waterways.
(b) CONTENTS.—Response plans developed
under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local, State, and
Federal authorities, including the Administrator of the Federal Emergency Management
Agency, securing the facility or vessel, and
evacuating facility and vessel personnel.
(c) INCLUSION IN SECURITY PLAN.—A response
plan required under this subsection for a vessel
or facility may be included in the security plan
prepared under section 70103(c).
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2072; amended Pub. L. 109–295, title
VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator’s’’ substituted for
‘‘Director of the Federal Emergency Management
Agency’’ and ‘‘Director’s’’, respectively, on authority
of section 612(c) of Pub. L. 109–295, set out as a note
under section 313 of Title 6, Domestic Security. Any
reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295
or an amendment by title VI to be considered to refer
and apply to the Director of the Federal Emergency
Management Agency until Mar. 31, 2007, see section
612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
DEADLINE
Pub. L. 107–295, title I, § 102(c), Nov. 25, 2002, 116 Stat.
2084, provided that: ‘‘The Secretary shall establish the
plans required under section 70104(a)(1) of title 46,
United States Code, as enacted by this Act, before April
1, 2003.’’

§ 70105. Transportation security cards
(a) PROHIBITION.—(1) The Secretary shall prescribe regulations to prevent an individual from

Page 530

entering an area of a vessel or facility that is
designated as a secure area by the Secretary for
purposes of a security plan for the vessel or facility that is approved by the Secretary under
section 70103 of this title unless the individual—
(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) ISSUANCE OF CARDS.—(1) The Secretary
shall issue a biometric transportation security
card to an individual specified in paragraph (2),
unless the Secretary determines under subsection (c) that the individual poses a security
risk warranting denial of the card.
(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) DETERMINATION OF TERRORISM SECURITY
RISK.—
(1) DISQUALIFICATIONS.—
(A) PERMANENT DISQUALIFYING CRIMINAL
OFFENSES.—Except as provided under paragraph (2), an individual is permanently disqualified from being issued a biometric
transportation security card under sub-