1625-0044 Stat/Auth

§ 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-

Page 531

TITLE 46—SHIPPING

section (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction
of any of the following felonies:
(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) INTERIM DISQUALIFYING CRIMINAL OFFENSES.—Except as provided under paragraph (2), an individual is disqualified from
being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not
guilty by reason of insanity, during the 7year period ending on the date on which the
individual applies for such card, or was released from incarceration during the 5-year
period ending on the date on which the individual applies for such card, of any of the
following felonies:
(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt,

§ 70105

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) UNDER WANT,
MENT.—An applicant

WARRANT, OR INDICTwho is wanted, or under
indictment, in any civilian or military jurisdiction for a felony listed in paragraph
(1)(A), is disqualified from being issued a biometric transportation security card under
subsection (b) until the want or warrant is
released or the indictment is dismissed.
(D) OTHER POTENTIAL DISQUALIFICATIONS.—
Except as provided under subparagraphs (A)
through (C), an individual may not be denied
a transportation security card under subsection (b) unless the Secretary determines
that individual—
(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);

§ 70105

TITLE 46—SHIPPING

(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) MODIFICATION OF LISTED OFFENSES.—
The Secretary may, by rulemaking, add to
or modify the list of disqualifying crimes described in paragraph (1)(B).
(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) DENIAL OF WAIVER REVIEW.—
(A) IN GENERAL.—The Secretary shall establish a review process before an administrative law judge for individuals denied a
waiver under paragraph (2).
(B) SCOPE OF REVIEW.—In conducting a review under the process established pursuant
to subparagraph (A), the administrative law
judge shall be governed by the standards of
section 706 of title 5. The substantial evidence standard in section 706(2)(E) of title 5
shall apply whether or not there has been an
agency hearing. The judge shall review all
facts on the record of the agency.
(C) CLASSIFIED EVIDENCE.—The Secretary,
in consultation with the Director of National Intelligence, shall issue regulations to
establish procedures by which the Secretary,
as part of a review conducted under this
paragraph, may provide to the individual adversely affected by the determination an unclassified summary of classified evidence
upon which the denial of a waiver by the
Secretary was based.
(D) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE LAW JUDGE.—
(i) REVIEW.—As part of a review conducted under this section, if the decision
of the Secretary was based on classified information (as defined in section 1(a) of the
Classified Information Procedures Act (18
U.S.C. App.)), such information may be
submitted by the Secretary to the reviewing administrative law judge, pursuant to
appropriate security procedures, and shall
be reviewed by the administrative law
judge ex parte and in camera.
(ii) SECURITY CLEARANCES.—Pursuant to
existing procedures and requirements, the
Secretary, in coordination (as necessary)

Page 532

with the heads of other affected departments or agencies, shall ensure that administrative law judges reviewing negative
waiver decisions of the Secretary under
this paragraph possess security clearances
appropriate for such review.
(iii) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVIDENCE.—As part of a review conducted under this paragraph and upon the
request of the individual adversely affected by the decision of the Secretary not
to grant a waiver, the Secretary shall provide to the individual and reviewing administrative law judge, consistent with
the procedures established under clause (i),
an unclassified summary of any classified
information upon which the decision of the
Secretary was based.
(E) NEW EVIDENCE.—The Secretary shall establish a process under which an individual
may submit a new request for a waiver, notwithstanding confirmation by the administrative law judge of the Secretary’s initial
denial of the waiver, if the request is supported by substantial evidence that was not
available to the Secretary at the time the
initial waiver request was denied.
(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) BACKGROUND RECORDS CHECK.—(1) On request of the Secretary, the Attorney General
shall—
(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 securityrelated information or database identified by
the Attorney General for purposes of such a
background records check.
(e) RESTRICTIONS ON USE AND MAINTENANCE OF
INFORMATION.—(1) Information obtained by the
Attorney General or the Secretary under this
section may not be made available to the public,
including the individual’s employer.
(2) Any information constituting grounds for
denial of a transportation security card under
this section shall be maintained confidentially

Page 533

TITLE 46—SHIPPING

§ 70105

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) DEFINITION.—In this section, the term
‘‘alien’’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
(g) APPLICATIONS FOR MERCHANT MARINERS’
DOCUMENTS.—The Assistant Secretary of Homeland Security for the Transportation Security
Administration and the Commandant of the
Coast Guard shall—
(1) develop and, no later than 2 years after
the date of enactment of the Elijah E.
Cummings Coast Guard Authorization Act of
2020, implement a joint application for merchant mariner’s documents under chapter 73
and for a transportation security card issued
under this section; and
(2) upon receipt of a joint application developed under paragraph (1) concurrently process
an application from an individual for merchant mariner’s documents under chapter 73
and an application from such individual for a
transportation security card under this section.

(j) PRIORITY PROCESSING FOR SEPARATING
SERVICE MEMBERS.—(1) The Secretary and the
Secretary of Defense shall enter into a memorandum of understanding regarding the submission and processing of applications for transportation security cards under subsection (b)(2)(G).
(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) DEPLOYMENT OF TRANSPORTATION SECURITY
CARD READERS.—
(1) PILOT PROGRAM.—
(A) IN GENERAL.—The Secretary shall conduct a pilot program to test the business
processes, technology, and operational impacts required to deploy transportation security card readers at secure areas of the
marine transportation system.
(B) GEOGRAPHIC LOCATIONS.—The pilot program shall take place at not fewer than 5
distinct geographic locations, to include vessels and facilities in a variety of environmental settings.
(C) COMMENCEMENT.—The pilot program
shall commence not later than 180 days after
the date of the enactment of the SAFE Port
Act.

(h) FEES.—The Secretary shall ensure that the
fees charged each individual applying for a
transportation security card under this section
who has passed a background check under section 5103a(d) of title 49, United States Code, and
who has a current hazardous materials endorsement in accordance with section 1572 of title 49,
Code of Federal Regulations, and each individual with a current merchant mariners’ document who has passed a criminal background
check under section 7302(d)—
(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.

(2) CORRELATION WITH TRANSPORTATION SECURITY CARDS.—
(A) IN GENERAL.—The pilot program de-

(i) IMPLEMENTATION SCHEDULE.—In implementing the transportation security card program under this section, the Secretary shall—
(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.

scribed in paragraph (1) shall be conducted
concurrently with the issuance of the transportation security cards described in subsection (b) to ensure card and card reader
interoperability.
(B) FEE.—An individual charged a fee for a
transportation security card issued under
this section may not be charged an additional fee if the Secretary determines different transportation security cards are
needed based on the results of the pilot program described in paragraph (1) or for other
reasons related to the technology requirements for the transportation security card
program.
(3) REGULATIONS.—Not later than 2 years
after the commencement of the pilot program
under paragraph (1)(C), the Secretary, after a
notice and comment period that includes at
least 1 public hearing, shall promulgate final
regulations that require the deployment of
transportation security card readers that are
consistent with the findings of the pilot program and build upon the regulations prescribed under subsection (a).
(4) REPORT.—Not later than 120 days before
the promulgation of regulations under paragraph (3), the Secretary shall submit a comprehensive report to the appropriate congressional committees (as defined in section 2(1) of
SAFE Port Act) that includes—
(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

§ 70105

TITLE 46—SHIPPING

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) PROGRESS REPORTS.—Not later than 6
months after the date of the enactment of the
SAFE Port Act, and every 6 months thereafter
until the requirements under this section are
fully implemented, the Secretary shall submit a
report on progress being made in implementing
such requirements to the appropriate congressional committees (as defined in section 2(1) of
the SAFE Port Act).
(m) LIMITATION.—The Secretary may not require the placement of an electronic reader for
transportation security cards on a vessel unless—
(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) ESCORTING.—The Secretary shall coordinate with owners and operators subject to this
section to allow any individual who has a pending application for a transportation security
card under this section or is waiting for
reissuance of such card, including any individual
whose card has been lost or stolen, and who
needs to perform work in a secure or restricted
area to have access to such area for that purpose
through escorting of such individual in accordance with subsection (a)(1)(B) by another individual who holds a transportation security card.
Nothing in this subsection shall be construed as
requiring or compelling an owner or operator to
provide escorted access.
(p) PROCESSING TIME.—The Secretary shall review an initial transportation security card application and respond to the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30
days after receipt of the initial application. The
Secretary shall, to the greatest extent practicable, review appeal and waiver requests submitted by a transportation security card applicant, and send a written decision or request for
additional information required for the appeal
or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written
request. For an applicant that is required to
submit additional information for an appeal or
waiver determination, the Secretary shall send
a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.
(q) RECEIPT AND ACTIVATION OF TRANSPORTATION SECURITY CARD.—
(1) IN GENERAL.—Not later than one year
after the date of publication of final regulations required by subsection (k)(3) of this sec-

Page 534

tion the Secretary shall develop a plan to permit the receipt and activation of transportation security cards at any vessel or facility
described in subsection (a) of this section that
desires to implement this capability. This plan
shall comply, to the extent possible, with all
appropriate requirements of Federal standards
for personal identity verification and credential.
(2) LIMITATION.—The Secretary may not require any such vessel or facility to provide onsite activation capability.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2073; amended Pub. L. 109–241, title
III, § 309, July 11, 2006, 120 Stat. 528; Pub. L.
109–347, title I, § 104(a), (b), Oct. 13, 2006, 120 Stat.
1888, 1890; Pub. L. 110–53, title XIII, § 1309(a), Aug.
3, 2007, 121 Stat. 397; Pub. L. 111–281, title VIII,
§§ 809, 814, 818(a), 819, 823, title IX, § 903(c)(2), Oct.
15, 2010, 124 Stat. 2995, 2999–3001, 3003, 3011; Pub.
L. 111–330, § 1(13), Dec. 22, 2010, 124 Stat. 3570;
Pub. L. 114–120, title III, § 306(a)(9), Feb. 8, 2016,
130 Stat. 54; Pub. L. 114–328, div. C, title XXXV,
§ 3509(a), Dec. 23, 2016, 130 Stat. 2780; Pub. L.
116–283, div. G, title LVXXXIII [LXXXIII], § 8346,
Jan. 1, 2021, 134 Stat. 4718.)
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 enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, referred to in
subsec. (g)(1), is the date of enactment of Pub. L.
116–283 which was approved Jan. 1, 2021.
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
2021—Subsec. (g). Pub. L. 116–283 substituted ‘‘shall—
’’ and pars. (1) and (2) for ‘‘shall concurrently process
an application from an individual for merchant mariner’s documents under chapter 73 of title 46, United
States Code, and an application from that individual
for a transportation security card under this section.’’
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

Page 535

TITLE 46—SHIPPING

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 180day 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

§ 70105

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) CREDENTIAL IMPROVEMENTS.—
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act [Dec. 16, 2016], the Administrator of the Transportation Security Administration shall commence actions, consistent with section 70105 of title 46, United States Code, to improve
the Transportation Security Administration’s process for vetting individuals with access to secure areas
of vessels and maritime facilities.
‘‘(2) REQUIRED ACTIONS.—The actions described
under paragraph (1) shall include—
‘‘(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) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report to Congress that evaluates the implementation
of the actions described in paragraph (1).
‘‘(b) COMPREHENSIVE SECURITY ASSESSMENT OF THE
TRANSPORTATION SECURITY CARD PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act [Dec. 16, 2016], the Secretary of Homeland Security shall commission an assessment of the effectiveness of the transportation
security card program (referred to in this section as
‘Program’) required under section 70105 of title 46,
United States Code, at enhancing security and reducing security risks for facilities and vessels regulated
under chapter 701 of that title.
‘‘(2) LOCATION.—The assessment commissioned
under paragraph (1) shall be conducted by a research
organization with significant experience in port or
maritime security, such as—
‘‘(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) CONTENTS.—The assessment commissioned
under paragraph (1) shall—
‘‘(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;

§ 70105

TITLE 46—SHIPPING

‘‘(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) DEADLINES.—The assessment commissioned
under paragraph (1) shall be completed not later than
1 year after the date on which the assessment is commissioned.
‘‘(5) SUBMISSION TO CONGRESS.—Not later than 60
days after the date that the assessment is completed,
the Secretary of Homeland Security shall submit to
the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives the results of the assessment commissioned under this subsection.
‘‘(c) CORRECTIVE ACTION PLAN; PROGRAM REFORMS.—If
the assessment commissioned under subsection (b)
identifies a deficiency in the effectiveness of the Program, the Secretary of Homeland Security, not later
than 60 days after the date on which the assessment is
completed, shall submit a corrective action plan to the
Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives
that—
‘‘(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) INSPECTOR GENERAL REVIEW.—If a corrective action plan is submitted under subsection (c), the Inspector General of the Department of Homeland Security
shall—
‘‘(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.’’

Page 536

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) IN GENERAL.—Within 180 days after the date of
enactment of this Act [Oct. 15, 2010], the Secretary of
Homeland Security shall establish procedures providing for an individual who is required to be
fingerprinted for purposes of obtaining a transportation
security card under section 70105 of title 46, United
States Code, the ability to be fingerprinted at any of
not less than 20 facilities operated by or under contract
with an agency of the Department of Homeland Security that fingerprints the public for the Department.
These facilities shall be in addition to facilities established under section 70105 of title 46, United States
Code.
‘‘(b) EXPIRATION.—The requirement made by subsection (a) expires 1 year after the date the Secretary
establishes the facilities required under that subsection.’’
ASSESSMENT OF TRANSPORTATION SECURITY CARD
ENROLLMENT SITES
Pub. L. 111–281, title VIII, § 815, Oct. 15, 2010, 124 Stat.
2999, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act [Oct. 15, 2010], the
Secretary of the department in which the Coast Guard
is operating shall prepare an assessment of the enrollment sites for transportation security cards issued
under section 70105 of title 46, United States Code, including—
‘‘(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) TIMELINES AND BENCHMARKS.—The Secretary
shall develop timelines and benchmarks for implementing the findings of the assessment as the Secretary deems necessary.’’
RECEIPT OF CARDS
Pub. L. 111–281, title VIII, § 818(b), Oct. 15, 2010, 124
Stat. 3000, provided that:
‘‘(1) REPORT BY COMPTROLLER GENERAL.—Within 180
days after the date of enactment of this Act [Oct. 15,
2010], the Comptroller General of the United States
shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
a report assessing the costs, technical feasibility, and
security measures associated with implementing procedures to deliver a transportation security card to an
approved applicant’s place of residence in a secure
manner or to allow an approved applicant to receive
the card at an enrollment center of the individual’s
choosing.
‘‘(2) PROCESS FOR ALTERNATIVE MEANS OF RECEIPT.—If
the Comptroller General finds in the final report under
paragraph (1) that it is feasible for a transportation security card to be sent to an approved applicant’s place

Page 537

§ 70107

TITLE 46—SHIPPING

of residence in a secure manner, the Secretary shall,
within 1 year after the date of issuance of the final report by the Comptroller General, implement a secure
process to permit an individual approved for a transportation security card to receive the card at the applicant’s place of residence or at the enrollment center of
the individual’s choosing. The individual shall be responsible for any additional cost associated with the
secure delivery of a transportation security card.’’
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.’’

(8) assist with facility vulnerability assessments required under this chapter; and
(9) carry out any other missions of the Coast
Guard as are assigned to it by the Secretary.
(c) MINIMIZATION OF RESPONSE TIMES.—The enhanced teams established under subsection (a)(2)
shall, to the extent practicable, be stationed in
such a way so as to minimize the response time
to maritime terrorist threats and potential or
actual transportation security incidents.
(d) COORDINATION WITH OTHER AGENCIES.—To
the maximum extent feasible, the combined
force of the specialized forces established under
subsection (a) shall coordinate their activities
with other Federal, State, and local law enforcement and emergency response agencies.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2074; amended Pub. L. 109–241, title
III, § 305, July 11, 2006, 120 Stat. 528; Pub. L.
111–281, title VIII, § 804(a), Oct. 15, 2010, 124 Stat.
2990.)
Editorial Notes

§ 70106. Deployable, specialized forces
(a) ESTABLISHMENT.—
(1) IN GENERAL.—To enhance the domestic
maritime security capability of the United
States,
the
Secretary
shall
establish
deployable specialized forces of varying capabilities as are needed to safeguard the public
and protect vessels, harbors, ports, facilities,
and cargo in waters subject to the jurisdiction
of the United States from destruction, loss or
injury from crime, or sabotage due to terrorist
activity, and to respond to such activity in accordance with the transportation security
plans developed under section 70103.
(2) ENHANCED TEAMS.—Such specialized
forces shall include no less than two enhanced
teams to serve as deployable forces capable of
combating terrorism, engaging in interdiction,
law enforcement, and advanced tactical maritime security operations to address known or
potentially armed security threats (including
non-compliant actors at sea), and participating in homeland security, homeland defense, and counterterrorism exercises in the
maritime environment.
(b) MISSION.—The combined force of the specialized forces established under subsection (a)
shall be trained, equipped, and capable of being
deployed to—
(1) deter, protect against, and rapidly respond to threats of maritime terrorism;
(2) conduct maritime operations to protect
against and disrupt illegal use, access to, or
proliferation of weapons of mass destruction;
(3) enforce moving or fixed safety or security
zones established pursuant to law;
(4) conduct high speed intercepts;
(5) board, search, and seize any article or
thing on or at, respectively, a vessel or facility found to present a risk to the vessel or facility, or to a port;
(6) rapidly deploy to supplement United
States armed forces domestically or overseas;
(7) respond to criminal or terrorist acts so as
to minimize, insofar as possible, the disruption caused by such acts;

AMENDMENTS
2010—Pub. L. 111–281 amended section generally. Prior
to amendment, section related to maritime safety and
security teams.
2006—Subsec. (b)(8). Pub. L. 109–241 substituted ‘‘any
other missions of the Coast Guard’’ for ‘‘other security
missions’’.
Statutory Notes and Related Subsidiaries
COAST GUARD DETECTION CANINE TEAM PROGRAM
EXPANSION
Pub. L. 111–281, title VIII, § 805, Oct. 15, 2010, 124 Stat.
2991, provided that:
‘‘(a) DEFINITIONS.—For purposes of this section:
‘‘(1) CANINE DETECTION TEAM.—The term ‘detection
canine team’ means a canine and a canine handler
that are trained to detect narcotics or explosives, or
other threats as defined by the Secretary.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of Homeland Security.
‘‘(b) DETECTION CANINE TEAMS.—
‘‘(1) INCREASED CAPACITY.—Not later than 1 year
after the date of enactment of this Act [Oct. 15, 2010],
and subject to the availability of appropriations, the
Secretary shall—
‘‘(A) begin to increase the number of detection canine teams certified by the Coast Guard for the purposes of maritime-related security by no fewer than
10 canine teams annually through fiscal year 2012;
and
‘‘(B) encourage owners and operators of port facilities, passenger cruise liners, oceangoing cargo
vessels, and other vessels identified by the Secretary to strengthen security through the use of
highly trained detection canine teams.
‘‘(2) CANINE PROCUREMENT.—The Secretary, acting
through the Commandant of the Coast Guard, shall
procure detection canine teams as efficiently as possible, including, to the greatest extent possible,
through increased domestic breeding, while meeting
the performance needs and criteria established by the
Commandant.
‘‘(c) DEPLOYMENT.—The Secretary shall prioritize deployment of the additional canine teams to ports based
on risk, consistent with the Security and Accountability For Every Port Act of 2006 (Public Law 109–347)
[see Tables for classification].’’

§ 70107. Grants
(a) IN GENERAL.—The Secretary shall establish
a grant program for the allocation of funds