46 U.S.C. § 70105
Section 70105 · Transportation security cards
Current version, with additions and removals from the August 3, 2007 version.
(a) Prohibition.—(1) The Secretary shall prescribe regulations to prevent an individual from 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) Prohibition.—(1) The Secretary shall prescribe regulations to prevent an individual from 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—
(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).
(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).
(2) This subsection applies to—
(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;
(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;
(C) a vessel pilot;
(C) a vessel pilot;
(E) an individual with access to security sensitive information as determined by the Secretary;
(E) an individual with access to security sensitive information 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
(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) Determination of Terrorism Security Risk.—
(c) Determination of Terrorism Security Risk.—
(1) Disqualifications.—
(1) Disqualifications.—
(i) Espionage or conspiracy to commit espionage.
(i) Espionage or conspiracy to commit espionage.
(ii) Sedition or conspiracy to commit sedition.
(ii) Sedition or conspiracy to commit sedition.
(iii) Treason or conspiracy to commit treason.
(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.
(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.
(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.
(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—
(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);
(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
(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).
(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.
(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.
(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.
(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).
(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).
(xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x).
(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) 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
(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) items contained on the U.S. Munitions Import List under section 447.21 of title 27, Code of Federal Regulations.
(ii) Extortion.
(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.
(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.
(iv) Bribery.
(v) Smuggling.
(v) Smuggling.
(vi) Immigration violations.
(vi) Immigration violations.
(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
(viii) Arson.
(viii) Arson.
(ix) Kidnaping or hostage taking.
(ix) Kidnaping or hostage taking.
(x) Rape or aggravated sexual abuse.
(x) Rape or aggravated sexual abuse.
(xi) Assault with intent to kill.
(xi) Assault with intent to kill.
(xii) Robbery.
(xii) Robbery.
(xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph.
(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.
(xiv) Fraudulent entry into a seaport in violation of section 1036 of title 18, or a comparable State law.
(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) 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
(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) 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);
(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
(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.
(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).
(E) Modification of listed offenses.—The Secretary may, by rulemaking, add to or modify the list of disqualifying crimes described in paragraph (1)(B).
(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.
(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.—
(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).
(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.
(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.
(D) Review of classified evidence by administrative law judge.—
(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.
(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) 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.
(ii) Security clearances.—Pursuant to existing procedures and requirements, the Secretary, in coordination (as necessary) 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.
(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.
(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.
(d) Background Records Check.—(1) On request of the Secretary, the Attorney General shall—
(d) Background Records Check.—(1) On request of the Secretary, the Attorney General shall—
(A) conduct a background records check regarding the individual; and
(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.
(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:
(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.
(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.
(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.
(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.
(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) 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.
(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.
(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)).
(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)).
(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.
(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) 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) 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.
(j) Transportation Security Card Processing Deadline.—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.
(i) 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 worker identification credentials 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.
(1) Pilot program.—
(1) Pilot program.—
(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.
(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.
(C) Commencement.—The pilot program shall commence not later than 180 days after the date of the enactment of the SAFE Port Act.
(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 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).
(2) the Secretary determines that the vessel is at risk of a severe transportation security incident.
(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) 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 worker identification credential under this section or is waiting for reissuance of such credential, including any individual whose credential 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 worker identification credential. Nothing in this subsection shall be construed as requiring or compelling an owner or operator to provide escorted access.
(n) Processing Time.—The Secretary shall review an initial transportation worker identification credential 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 worker identification credential 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.
(o) Receipt and Activation of Transportation Worker Identification Credential.—
(1) In general.—Not later than one year after the date of publication of final regulations required by subsection (j)(3) of this section the Secretary shall develop a plan to permit the receipt and activation of transportation worker identification credentials at any vessel or facility described in subsection (a) of this section that desires to implement this capability. Such receipt and activation 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 on-site receipt and activation of transportation worker identification credentials.