Editorial Notes
References in Text
Section 5845 of the Internal Revenue Code of 1986, referred to in subsec. (c)(1)(A)(vii)(III), (B)(i)(I), is classified to section 5845 of Title 26, Internal Revenue Code.
The Immigration and Nationality Act, referred to in subsec. (c)(1)(D)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The Classified Information Procedures Act, referred to in subsec. (c)(3)(D)(i), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
The date of the enactment of the SAFE Port Act, referred to in subsecs. (k)(1)(C) and (l), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006.
Section 2(1) of the SAFE Port Act, referred to in subsecs. (k)(4) and (l), is classified to section 901(1) of Title 6, Domestic Security.
Amendments
2016—Subsec. (b)(2)(G), (H). Pub. L. 114–328, § 3509(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H).
Subsec. (c)(1)(B)(xv). Pub. L. 114–120, § 306(a)(9)(A), substituted “18 (popularly” for “18, popularly” and “Act)” for “Act”.
Subsec. (c)(2). Pub. L. 114–120, § 306(a)(9)(B), substituted “(D) of paragraph” for “(D) paragraph” in introductory provisions.
Subsec. (j). Pub. L. 114–328, § 3509(a)(2), amended subsec. (j) generally. Prior to amendment, text read as follows: “Not later than January 1, 2009, the Secretary shall process and issue or deny each application for a transportation security card under this section for individuals with current and valid merchant mariners’ documents on the date of the enactment of the SAFE Port Act.”
2010—Subsec. (b)(2)(B). Pub. L. 111–281, § 809(1), inserted “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title” after “subtitle II of this title”.
Subsec. (b)(2)(D). Pub. L. 111–281, § 809(2), inserted “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title” after “tank vessel”.
Subsec. (b)(3). Pub. L. 111–281, § 819, as amended by Pub. L. 111–330, added par. (3).
Subsec. (c)(3)(C). Pub. L. 111–281, § 903(c)(2), substituted “Director of National Intelligence” for “National Intelligence Director”.
Subsec. (n). Pub. L. 111–281, § 814, added subsec. (n).
Subsecs. (o), (p). Pub. L. 111–281, § 818(a), added subsecs. (o) and (p).
Subsec. (q). Pub. L. 111–281, § 823, added subsec. (q).
2007—Subsec. (b)(1). Pub. L. 110–53, § 1309(a)(1), substituted “determines under subsection (c) that the individual poses a security risk” for “decides that the individual poses a security risk under subsection (c)”.
Subsec. (c)(1). Pub. L. 110–53, § 1309(a)(2), inserted heading and amended text of par. (1) generally, substituting provisions relating to disqualifications, consisting of subpars. (A) to (E), for former provisions relating to when individuals may be denied transportation security cards, consisting of subpars. (A) to (D).
2006—Subsec. (b)(2)(G). Pub. L. 109–347, § 104(b)(1), added subpar. (G).
Subsec. (c)(2). Pub. L. 109–347, § 104(b)(2), inserted “subparagraph (A), (B), or (D)” before “paragraph (1)”.
Subsec. (c)(3) to (5). Pub. L. 109–241 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsecs. (g) to (m). Pub. L. 109–347, § 104(a), added subsecs. (g) to (m).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–328, div. C, title XXXV, § 3509(c), Dec. 23, 2016, 130 Stat. 2781, provided that:
“
Section 70105(j)(2) of title 46, United States Code, as amended by this section, shall apply to applications for transportation security cards submitted after the expiration of the 180-day period beginning on the date of the enactment of this Act [
Dec. 23, 2016].”
Deadline for Memorandum
Pub. L. 114–328, div. C, title XXXV, § 3509(b), Dec. 23, 2016, 130 Stat. 2781, provided that:
“The
Secretary of the department in which the
Coast Guard is operating and the
Secretary of Defense shall enter into the memorandum of understanding required by the amendment made by subsection (a)(2) by not later than 180 days after the date of the enactment of this Act [
Dec. 23, 2016].”
Deadline for Section 70105 Regulations
Pub. L. 109–347, title I, § 104(c), Oct. 13, 2006, 120 Stat. 1891, provided that:
“Not later than
January 1, 2007, the
Secretary [of Homeland Security] shall promulgate final regulations implementing the requirements for issuing transportation security cards under
section 70105 of title 46, United States Code. The regulations shall include a background check process to enable newly hired workers to begin working unless the
Secretary makes an initial determination that the worker poses a security risk. Such process shall include a check against the consolidated and integrated terrorist watch list maintained by the Federal Government.”
Transportation Worker Identification Credential Security Card Program Improvements and Assessment
Pub. L. 114–278, § 1, Dec. 16, 2016, 130 Stat. 1410, provided that:
“(a) 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;
“(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.”
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 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.”