Editorial Notes
References in TextSection 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 Puspan. 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 Puspan. 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 Puspan. L. 109–347, which was approved Oct. 13, 2006.
Amendments2022—Puspan. L. 117–263, § 11804(a)(1), substituted “worker identification credentials” for “security cards” in section catchline.
Puspan. 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. (span). Puspan. L. 117–263, § 11804(a)(5), substituted “Credentials” for “Cards” in span.
Subsec. (g). Puspan. L. 117–263, § 11804(a)(6), substituted “Administrator of” for “Assistant Secretary of Homeland Security for” in introductory provisions.
Subsec. (i). Puspan. L. 117–263, § 11804(a)(7), redesignated subsec. (j) as (i) and struck out former subsec. (i) which related to implementation schedule.
Subsec. (j). Puspan. L. 117–263, § 11804(a)(9), substituted “Worker Identification Credential” for “Security Card”, in subsec. span, and “worker identification credential” for “security cards”, in par. (2) span.
Puspan. L. 117–263, § 11804(a)(7), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(4). Puspan. 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 Puspan. 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). Puspan. L. 117–263, § 11804(a)(8), redesignated subsec. (m) as (k). Former subsec. (k) redesignated (j).
Subsec. (k)(1). Puspan. L. 117–263, § 11804(a)(10), substituted “subsection (j)(3)” for “subsection (k)(3)”.
Subsec. (l). Puspan. 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). Puspan. L. 117–263, § 11804(a)(8), redesignated subsec. (o) as (m). Former subsec. (m) redesignated (k).
Subsec. (n). Puspan. L. 117–263, § 11804(a)(8), redesignated subsec. (p) as (n). Former subsec. (n) redesignated (l).
Subsec. (o). Puspan. L. 117–263, § 11804(a)(12)(A), substituted “Worker Identification Credential” for “Security Card” in the subsec. span.
Puspan. L. 117–263, § 11804(a)(8), redesignated subsec. (q) as (o). Former subsec. (o) redesignated (m).
Subsec. (o)(1). Puspan. 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). Puspan. 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). Puspan. L. 117–263, § 11804(a)(8), redesignated subsec. (p) as (n).
Subsec. (q). Puspan. L. 117–263, § 11804(a)(8), redesignated subsec. (q) as (o).
2021—Subsec. (g). Puspan. 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. (span)(2)(G), (H). Puspan. L. 114–328, § 3509(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H).
Subsec. (c)(1)(B)(xv). Puspan. L. 114–120, § 306(a)(9)(A), substituted “18 (popularly” for “18, popularly” and “Act)” for “Act”.
Subsec. (c)(2). Puspan. L. 114–120, § 306(a)(9)(B), substituted “(D) of paragraph” for “(D) paragraph” in introductory provisions.
Subsec. (j). Puspan. 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. (span)(2)(B). Puspan. 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. (span)(2)(D). Puspan. 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. (span)(3). Puspan. L. 111–281, § 819, as amended by Puspan. L. 111–330, added par. (3).
Subsec. (c)(3)(C). Puspan. L. 111–281, § 903(c)(2), substituted “Director of National Intelligence” for “National Intelligence Director”.
Subsec. (n). Puspan. L. 111–281, § 814, added subsec. (n).
Subsecs. (o), (p). Puspan. L. 111–281, § 818(a), added subsecs. (o) and (p).
Subsec. (q). Puspan. L. 111–281, § 823, added subsec. (q).
2007—Subsec. (span)(1). Puspan. 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). Puspan. L. 110–53, § 1309(a)(2), inserted span 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. (span)(2)(G). Puspan. L. 109–347, § 104(span)(1), added subpar. (G).
Subsec. (c)(2). Puspan. L. 109–347, § 104(span)(2), inserted “subparagraph (A), (B), or (D)” before “paragraph (1)”.
Subsec. (c)(3) to (5). Puspan. L. 109–241 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsecs. (g) to (m). Puspan. L. 109–347, § 104(a), added subsecs. (g) to (m).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPuspan. 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].”
Effective Date of 2010 AmendmentPuspan. 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 Puspan. L. 111–281.
Transportation Worker Identification Credential Reader Requirements Rule ImplementationPuspan. L. 117–263, div. K, title CXVIII, § 11804(c), (d), Dec. 23, 2022, 136 Stat. 4164, provided that:“(c)Limitation on Implementation.—The Secretary may not implement the rule entitled ‘Transportation Worker Identification Credential (TWIC)–Reader Requirements’ (81 Fed. Reg. 57651) for covered facilities before May 8, 2026.
“(d)Covered Facilities Defined.—In this section, the term ‘covered facilities’ means—“(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 Puspan. L. 117–263, set out above, see section 11002 of Puspan. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.]
Deadline for Section 70105 RegulationsPuspan. 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 CredentialsPuspan. L. 117–146, § 23, June 16, 2022, 136 Stat. 1284, provided that:“(a)Definition of Direct Assistance to a United States Port.—In this section:“(1)In general.—The term ‘direct assistance to a United States port’ means the transportation of cargo directly to or from a United States port.
“(2)Exclusions.—The term ‘direct assistance to a United States port’ does not include—“(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.
“(span)Transportation Worker Identification Credentials.—The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall jointly prioritize and expedite the consideration of applications for a Transportation Worker Identification Credential with respect to applicants that reasonably demonstrate that the purpose of the Transportation Worker Identification Credential is for providing, within the interior of the United States, direct assistance to a United States port.”
Deadline for MemorandumPuspan. L. 114–328, div. C, title XXXV, § 3509(span), 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].”
Transportation Worker Identification Credential Security Card Program Improvements and AssessmentPuspan. 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).
“(span)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 (span) 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 ReformPuspan. 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 WorkersPuspan. 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.
“(span)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 SitesPuspan. 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.
“(span)Timelines and Benchmarks.—The Secretary shall develop timelines and benchmarks for implementing the findings of the assessment as the Secretary deems necessary.”
Receipt of CardsPuspan. L. 111–281, title VIII, § 818(span), 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 FeloniesPuspan. 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.”
