(a)
(A) holds a transportation worker identification credential 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 worker identification credential 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 worker identification credential; and
(iii) is otherwise eligible for such a credential; 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 worker identification credential 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 worker identification credential to an individual found to be otherwise ineligible for such a credential under subparagraph (A), (B), or (D) of paragraph (1). In deciding to issue a credential 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 credential; 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 worker identification credential that includes notice and an opportunity for a hearing.
(5) Upon application, the Secretary may issue a transportation worker identification credential 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 worker identification credential 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 credential under this section.
(f)
(g)
(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 worker identification credential 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 worker identification credential under this section.
(h)
(1) are for costs associated with the issuance, production, and management of the transportation worker identification credential, 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)
(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.
(j)
(1)
(A)
(B)
(C)
(2)
(A)
(B)
(3)
(k)
(1) the vessel has more individuals on the crew that are required to have a transportation worker identification credential than the number the Secretary determines, by regulation issued under subsection (j)(3), warrants such a reader; or
(2) the Secretary determines that the vessel is at risk of a severe transportation security incident.
(l) The Secretary may use a secondary authentication system to verify the identification of individuals using transportation worker identification credentials when the individual's fingerprints are not able to be taken or read.
(m)
(n)
(o)
(1)
(2)
(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; Pub. L. 117–263, div. K, title CXVIII, §11804(a), Dec. 23, 2022, 136 Stat. 4163.)
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 subsec. (j)(1)(C), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006.
2022—Pub. L. 117–263, §11804(a)(1), substituted "worker identification credentials" for "security cards" in section catchline.
Pub. L. 117–263, §11804(a)(2)–(4), substituted "transportation worker identification credential" for "transportation security card", "transportation worker identification credentials" for "transportation security cards", and "credential" for "card" wherever appearing.
Subsec. (b). Pub. L. 117–263, §11804(a)(5), substituted "Credentials" for "Cards" in heading.
Subsec. (g). Pub. L. 117–263, §11804(a)(6), substituted "Administrator of" for "Assistant Secretary of Homeland Security for" in introductory provisions.
Subsec. (i). Pub. L. 117–263, §11804(a)(7), redesignated subsec. (j) as (i) and struck out former subsec. (i) which related to implementation schedule.
Subsec. (j). Pub. L. 117–263, §11804(a)(9), substituted "Worker Identification Credential" for "Security Card", in subsec. heading, and "worker identification credential" for "security cards", in par. (2) heading.
Pub. L. 117–263, §11804(a)(7), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(4). Pub. L. 117–263, §11804(a)(11), which directed amendment of subsec. (k), as so redesignated, by striking par. (4), was executed to subsec. (j) to reflect the probable intent of Congress and amendment by Pub. L. 117–263, §11804(a)(8), which redesignated subsec. (k) as (j). Prior to amendment, par. (4) related to report on the pilot program.
Subsec. (k). Pub. L. 117–263, §11804(a)(8), redesignated subsec. (m) as (k). Former subsec. (k) redesignated (j).
Subsec. (k)(1). Pub. L. 117–263, §11804(a)(10), substituted "subsection (j)(3)" for "subsection (k)(3)".
Subsec. (l). Pub. L. 117–263, §11804(a)(8), redesignated subsec. (n) as (l) and struck out former subsec. (l). Prior to amendment, text read as follows: "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)."
Subsec. (m). Pub. L. 117–263, §11804(a)(8), redesignated subsec. (o) as (m). Former subsec. (m) redesignated (k).
Subsec. (n). Pub. L. 117–263, §11804(a)(8), redesignated subsec. (p) as (n). Former subsec. (n) redesignated (l).
Subsec. (o). Pub. L. 117–263, §11804(a)(12)(A), substituted "Worker Identification Credential" for "Security Card" in the subsec. heading.
Pub. L. 117–263, §11804(a)(8), redesignated subsec. (q) as (o). Former subsec. (o) redesignated (m).
Subsec. (o)(1). Pub. L. 117–263, §11804(a)(12)(B), substituted "subsection (j)(3)" for "subsection (k)(3)" and "Such receipt and activation shall" for "This plan shall".
Subsec. (o)(2). Pub. L. 117–263, §11804(a)(12)(C), substituted "on-site receipt and activation of transportation worker identification credentials" for "on-site activation capability".
Subsec. (p). Pub. L. 117–263, §11804(a)(8), redesignated subsec. (p) as (n).
Subsec. (q). Pub. L. 117–263, §11804(a)(8), redesignated subsec. (q) as (o).
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 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).
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]."
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.
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."
Pub. L. 117–263, div. K, title CXVIII, §11804(c), (d), Dec. 23, 2022, 136 Stat. 4164, provided that:
"(c)
"(d)
"(1) facilities that handle Certain Dangerous Cargoes in bulk and transfer such cargoes from or to a vessel;
"(2) facilities that handle Certain Dangerous Cargoes in bulk, but do not transfer it from or to a vessel; and
"(3) facilities that receive vessels carrying Certain Dangerous Cargoes in bulk but, during the vessel-to-facility interface, do not transfer it from or to the vessel."
[For definition of "Secretary" as used in section 11804(c) of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.]
Pub. L. 117–146, §23, June 16, 2022, 136 Stat. 1284, provided that:
"(a)
"(1)
"(2)
"(A) the transportation of a mixed load of cargo that includes—
"(i) cargo that does not originate from a United States port; or
"(ii) a container or cargo that is not bound for a United States port;
"(B) any period during which a motor carrier or driver is operating in interstate commerce to transport cargo or provide services not in support of transportation to or from a United States port; or
"(C) the period after a motor carrier dispatches the applicable driver or commercial motor vehicle of the motor carrier to another location to begin operation in interstate commerce in a manner that is not in support of transportation to or from a United States port.
"(b)
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]."
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."
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."
Pub. L. 111–281, title VIII, §808, Oct. 15, 2010, 124 Stat. 2994, provided that:
"(a)
"(b)
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)
Pub. L. 111–281, title VIII, §818(b), Oct. 15, 2010, 124 Stat. 3000, provided that:
"(1)
"(2)
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."