46 U.S.C. § 70105 — Transportation worker identification

Page 568 TITLE 46—SHIPPING § 70104 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 8507(d)(1) of div. G of Pub. L. 116–283 effective Dec. 4, 2018, as if included in Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—283, set out as a note under section 1226 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 2018 AMENDMENT Amendment of section by section 1805(d) of Pub. L. 115–254 applicable to assessments or security plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under subsection 1805(a) of Pub. L. 115–254, set out as a note under section 70112 of this title, see section 1805(d)(3) of Pub. L. 115–254, set out as a note under section 70102 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SEAMEN’S SHORESIDE ACCESS Pub. L. 111–281, title VIII, § 811, Oct. 15, 2010, 124 Stat. 2995, provided that: ‘‘Each facility security plan ap- proved under section 70103(c) of title 46, United States Code, shall provide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamen’s welfare and labor organizations to board and depart the vessel through the facility in a timely man- ner at no cost to the individual.’’ RISK ASSESSMENT TOOL Pub. L. 109–347, title I, § 111, Oct. 13, 2006, 120 Stat. 1894, provided that: ‘‘In updating Area Maritime Secu- rity Plans required under section 70103(b)(2)(F) [now section 70103(b)(2)(G)] of title 46, United States Code, and in applying for grants under section 70107 of such title, the Secretary of the Department in which the Coast Guard is operating shall make available, and Area Maritime Security Committees may use a risk as- sessment tool that uses standardized risk criteria, such as the Maritime Security Risk Assessment Tool used by the Coast Guard.’’ REVISION OF PORT SECURITY PLANNING GUIDE Pub. L. 107–295, title I, § 113, Nov. 25, 2002, 116 Stat. 2093, provided that: ‘‘The Secretary of Transportation, acting through the Maritime Administration and after consultation with the National Maritime Security Ad- visory Committee and the Coast Guard, shall publish a revised version of the document entitled ‘Port Secu- rity: A National Planning Guide’, incorporating the re- quirements prescribed under chapter 701 of title 46, United States Code, as amended by this Act, within 3 years after the date of enactment of this Act [Nov. 25, 2002], and make that revised document available on the Internet.’’ § 70104. Transportation security incident re- sponse (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 Admin- istrator of the Federal Emergency Manage- ment Agency for inclusion in the Administra- tor’s response plan for United States ports and waterways. (b) CONTENTS.—Response plans developed under subsection (a) shall provide a comprehen- sive response to an emergency, including noti- fying and coordinating with local, State, and Federal authorities, including the Adminis- trator 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 Manage- ment 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 Emer- gency 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 sec- tion 313 of Title 6. TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization 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 worker identification credentials (a) PROHIBITION.—(1) The Secretary shall pre- scribe 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 fa- cility that is approved by the Secretary under section 70103 of this title unless the individual— (A) holds a transportation worker identifica- tion credential issued under this section and is authorized to be in the area in accordance with the plan; or Page 569 TITLE 46—SHIPPING § 70105 (B) is accompanied by another individual who holds a transportation worker identifica- tion 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 indi- vidual into the area is in compliance with para- graph (1). (b) ISSUANCE OF CREDENTIALS.—(1) The Sec- retary shall issue a biometric transportation worker identification credential to an individual specified in paragraph (2), unless the Secretary determines under subsection (c) that the indi- vidual poses a security risk warranting denial of the credential. (2) This subsection applies to— (A) an individual allowed unescorted access to a secure area designated in a vessel or facil- ity 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 sec- tion 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 ap- proved under section 70103 of this title; (E) an individual with access to security sen- sitive information as determined by the Sec- retary; (F) other individuals engaged in port secu- rity 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 honor- able conditions; (ii) applies for a transportation worker identification credential; and (iii) is otherwise eligible for such a creden- tial; and (H) other individuals as determined appro- priate 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 transpor- tation 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.— (1) DISQUALIFICATIONS.— (A) PERMANENT DISQUALIFYING CRIMINAL OFFENSES.—Except as provided under para- graph (2), an individual is permanently dis- qualified from being issued a biometric transportation worker identification creden- tial under subsection (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 se- dition. (iii) Treason or conspiracy to commit treason. (iv) A Federal crime of terrorism (as de- fined 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 haz- ardous material in violation of section 5104(b) of title 49, or a comparable State law. (vii) Unlawful possession, use, sale, dis- tribution, manufacture, purchase, receipt, transfer, shipment, transportation, deliv- ery, import, export, or storage of, or deal- ing in, an explosive or explosive device. In this clause, an explosive or explosive de- vice 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 deliver- ance, placement, or detonation of an ex- plosive or other lethal device in or against a place of public use, a State or other gov- ernment facility, a public transportation system, or an infrastructure facility. (x) A violation of chapter 96 of title 18, popularly known as the Racketeer Influ- enced and Corrupt Organizations Act, or a comparable State law, if one of the predi- cate 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 OF- FENSES.—Except as provided under para- graph (2), an individual is disqualified from being issued a biometric transportation worker identification credential under sub- section (b) if the individual has been con- victed, or found not guilty by reason of in- sanity, during the 7-year period ending on the date on which the individual applies for such credential, or was released from incar- ceration during the 5-year period ending on the date on which the individual applies for such credential, of any of the following felo- nies: (i) Unlawful possession, use, sale, manu- facture, purchase, distribution, receipt, transfer, shipment, transportation, deliv- ery, import, export, or storage of, or deal- ing in, a firearm or other weapon. In this clause, a firearm or other weapon in- cludes— Page 570 TITLE 46—SHIPPING § 70105 (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. Muni- tions Import List under section 447.21 of title 27, Code of Federal Regulations. (ii) Extortion. (iii) Dishonesty, fraud, or misrepresenta- tion, including identity fraud and money laundering if the money laundering is re- lated to a crime described in this subpara- graph or subparagraph (A). In this clause, welfare fraud and passing bad checks do not constitute dishonesty, fraud, or mis- representation. (iv) Bribery. (v) Smuggling. (vi) Immigration violations. (vii) Distribution of, possession with in- tent to distribute, or importation of a con- trolled 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 subpara- graph. (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 In- fluenced and Corrupt Organizations Act) or a comparable State law, other than any of the violations listed in subparagraph (A)(x). (C) UNDER WANT, WARRANT, OR INDICT- MENT.—An applicant who is wanted, or under indictment, in any civilian or military juris- diction for a felony listed in paragraph (1)(A), is disqualified from being issued a bi- ometric transportation worker identifica- tion credential under subsection (b) until the want or warrant is released or the in- dictment is dismissed. (D) OTHER POTENTIAL DISQUALIFICATIONS.— Except as provided under subparagraphs (A) through (C), an individual may not be denied a transportation worker identification cre- dential under subsection (b) unless the Sec- retary determines that individual— (i) has been convicted within the pre- ceding 7-year period of a felony or found not guilty by reason of insanity of a fel- ony— (I) that the Secretary believes could cause the individual to be a terrorism se- curity 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 Nation- ality 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 de- scribed in paragraph (1)(B). (2) The Secretary shall prescribe regulations that establish a waiver process for issuing a transportation worker identification creden- tial to an individual found to be otherwise in- eligible for such a credential under subpara- graph (A), (B), or (D) of paragraph (1). In decid- ing to issue a credential to such an individual, the Secretary shall— (A) give consideration to the cir- cumstances of any disqualifying act or of- fense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be con- cluded that the individual does not pose a terrorism risk warranting denial of the cre- dential; and (B) issue a waiver to an individual without regard to whether that individual would oth- erwise be disqualified if the individual’s em- ployer establishes alternate security ar- rangements acceptable to the Secretary. (3) DENIAL OF WAIVER REVIEW.— (A) IN GENERAL.—The Secretary shall es- tablish a review process before an adminis- trative law judge for individuals denied a waiver under paragraph (2). (B) SCOPE OF REVIEW.—In conducting a re- view 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 evi- dence 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 Na- tional 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 ad- versely affected by the determination an un- classified summary of classified evidence upon which the denial of a waiver by the Secretary was based. (D) REVIEW OF CLASSIFIED EVIDENCE BY AD- MINISTRATIVE LAW JUDGE.— (i) REVIEW.—As part of a review con- ducted under this section, if the decision of the Secretary was based on classified in- formation (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 review- ing 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 depart- ments or agencies, shall ensure that ad- ministrative law judges reviewing negative Page 571 TITLE 46—SHIPPING § 70105 waiver decisions of the Secretary under this paragraph possess security clearances appropriate for such review. (iii) UNCLASSIFIED SUMMARIES OF CLASSI- FIED EVIDENCE.—As part of a review con- ducted under this paragraph and upon the request of the individual adversely af- fected by the decision of the Secretary not to grant a waiver, the Secretary shall pro- vide to the individual and reviewing ad- ministrative 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 es- tablish a process under which an individual may submit a new request for a waiver, not- withstanding confirmation by the adminis- trative law judge of the Secretary’s initial denial of the waiver, if the request is sup- ported 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 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) BACKGROUND RECORDS CHECK.—(1) On re- quest of the Secretary, the Attorney General shall— (A) conduct a background records check re- garding 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 rel- evant 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) 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 worker identification credential under this section shall be main- tained 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) DEFINITION.—In this section, the term ‘‘alien’’ has the meaning given the term in sec- tion 101(a)(3) of the Immigration and Nation- ality Act (8 U.S.C. 1101(a)(3)). (g) APPLICATIONS FOR MERCHANT MARINERS’ DOCUMENTS.—The Administrator of the Trans- portation Security Administration and the Com- mandant 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 mer- chant 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 devel- oped under paragraph (1) concurrently process an application from an individual for mer- chant mariner’s documents under chapter 73 and an application from such individual for a transportation worker identification creden- tial under this section. (h) FEES.—The Secretary shall ensure that the fees charged each individual applying for a transportation worker identification credential 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 sec- tion 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 transpor- tation worker identification credential, as de- termined by the Secretary; and (2) do not include costs associated with per- forming a background check for that indi- vidual, except for any incremental costs in the event that the scope of such background checks diverge. (i) PRIORITY PROCESSING FOR SEPARATING SERVICE MEMBERS.—(1) The Secretary and the Secretary of Defense shall enter into a memo- randum of understanding regarding the submis- sion and processing of applications for transpor- tation 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 Sec- retary shall process and approve or deny the ap- plication unless an appeal or waiver applies or further application documentation is necessary. (j) DEPLOYMENT OF TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL READERS.— (1) PILOT PROGRAM.— (A) IN GENERAL.—The Secretary shall con- duct a pilot program to test the business processes, technology, and operational im- pacts required to deploy transportation worker identification credential readers at secure areas of the marine transportation system. Page 572 TITLE 46—SHIPPING § 70105 (B) GEOGRAPHIC LOCATIONS.—The pilot pro- gram shall take place at not fewer than 5 distinct geographic locations, to include ves- sels and facilities in a variety of environ- mental settings. (C) COMMENCEMENT.—The pilot program shall commence not later than 180 days after the date of the enactment of the SAFE Port Act. (2) CORRELATION WITH WORKER IDENTIFICATION CREDENTIAL.— (A) IN GENERAL.—The pilot program de- scribed in paragraph (1) shall be conducted concurrently with the issuance of the trans- portation worker identification credentials described in subsection (b) to ensure creden- tial and credential reader interoperability. (B) FEE.—An individual charged a fee for a transportation worker identification creden- tial issued under this section may not be charged an additional fee if the Secretary determines different transportation worker identification credentials 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 worker identification creden- tial 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 worker identification creden- tial readers that are consistent with the find- ings of the pilot program and build upon the regulations prescribed under subsection (a). (k) LIMITATION.—The Secretary may not re- quire the placement of an electronic reader for transportation worker identification credentials on a vessel unless— (1) the vessel has more individuals on the crew that are required to have a transpor- tation worker identification credential than the number the Secretary determines, by reg- ulation issued under subsection (j)(3), war- rants 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 authen- tication system to verify the identification of individuals using transportation worker identi- fication credentials when the individual’s fin- gerprints are not able to be taken or read. (m) ESCORTING.—The Secretary shall coordi- nate with owners and operators subject to this section to allow any individual who has a pend- ing application for a transportation worker identification credential under this section or is waiting for reissuance of such credential, includ- ing 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 re- view an initial transportation worker identifica- tion credential application and respond to the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assess- ment 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 addi- tional information for an appeal or waiver deter- mination, the Secretary shall send a written de- cision, to the greatest extent practicable, within 30 days after receipt of all requested informa- tion. (o) RECEIPT AND ACTIVATION OF TRANSPOR- TATION WORKER IDENTIFICATION CREDENTIAL.— (1) IN GENERAL.—Not later than one year after the date of publication of final regula- tions required by subsection (j)(3) of this sec- tion the Secretary shall develop a plan to per- mit the receipt and activation of transpor- tation 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 creden- tial. (2) LIMITATION.—The Secretary may not re- quire any such vessel or facility to provide on- site receipt and activation of transportation worker identification credentials. (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.) Editorial Notes REFERENCES IN TEXT Section 5845 of the Internal Revenue Code of 1986, re- ferred to in subsec. (c)(1)(A)(vii)(III), (B)(i)(I), is classi- fied 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, Page 573 TITLE 46—SHIPPING § 70105 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, re- ferred to in subsec. (j)(1)(C), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006. AMENDMENTS 2022—Pub. L. 117–263, § 11804(a)(1), substituted ‘‘worker identification credentials’’ for ‘‘security cards’’ in sec- tion catchline. Pub. L. 117–263, § 11804(a)(2)–(4), substituted ‘‘transpor- tation worker identification credential’’ for ‘‘transpor- tation security card’’, ‘‘transportation worker identi- fication credentials’’ for ‘‘transportation security cards’’, and ‘‘credential’’ for ‘‘card’’ wherever appear- ing. 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 Home- land 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 di- rected 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), sub- stituted ‘‘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 re- quirements under this section are fully implemented, the Secretary shall submit a report on progress being made in implementing such requirements to the appro- priate 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), sub- stituted ‘‘Worker Identification Credential’’ for ‘‘Secu- rity 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), sub- stituted ‘‘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), sub- stituted ‘‘on-site receipt and activation of transpor- tation 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 mari- ner’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), sub- stituted ‘‘(D) of paragraph’’ for ‘‘(D) paragraph’’ in in- troductory provisions. Subsec. (j). Pub. L. 114–328, § 3509(a)(2), amended sub- sec. (j) generally. Prior to amendment, text read as fol- lows: ‘‘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 in- dividuals 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), in- serted ‘‘allowed unescorted access to a secure area des- ignated in a vessel security plan approved under sec- tion 70103 of this title’’ after ‘‘subtitle II of this title’’. Subsec. (b)(2)(D). Pub. L. 111–281, § 809(2), inserted ‘‘al- lowed 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), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Na- tional Intelligence Director’’. Subsec. (n). Pub. L. 111–281, § 814, added subsec. (n). Subsecs. (o), (p). Pub. L. 111–281, § 818(a), added sub- secs. (o) and (p). Subsec. (q). Pub. L. 111–281, § 823, added subsec. (q). 2007—Subsec. (b)(1). Pub. L. 110–53, § 1309(a)(1), sub- stituted ‘‘determines under subsection (c) that the indi- vidual poses a security risk’’ for ‘‘decides that the indi- vidual 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, sub- stituting provisions relating to disqualifications, con- sisting of subpars. (A) to (E), for former provisions re- lating to when individuals may be denied transpor- tation 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), re- spectively. Subsecs. (g) to (m). Pub. L. 109–347, § 104(a), added sub- secs. (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 sec- tion, shall apply to applications for transportation se- curity 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 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(13) is ef- fective with the enactment of Pub. L. 111–281. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL READER REQUIREMENTS RULE IMPLEMENTATION Pub. 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 Re- Page 574 TITLE 46—SHIPPING § 70105 quirements’ (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 Car- goes in bulk and transfer such cargoes from or to a vessel; ‘‘(2) facilities that handle Certain Dangerous Car- goes in bulk, but do not transfer it from or to a ves- sel; 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.] 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 Sec- retary 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 CREDENTIALS Pub. L. 117–146, § 23, June 16, 2022, 136 Stat. 1284, pro- vided 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 trans- port 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) TRANSPORTATION WORKER IDENTIFICATION CRE- DENTIALS.—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 appli- cants 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 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 memo- randum 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 AS- SESSMENT Pub. L. 114–278, § 1, Dec. 16, 2016, 130 Stat. 1410, pro- vided that: ‘‘(a) CREDENTIAL IMPROVEMENTS.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act [Dec. 16, 2016], the Ad- ministrator of the Transportation Security Adminis- tration shall commence actions, consistent with sec- tion 70105 of title 46, United States Code, to improve the Transportation Security Administration’s proc- ess 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 addi- tional internal controls; and ‘‘(ii) identifying best practices for quality as- surance at every stage of the security threat as- sessment; ‘‘(B) implementing the additional internal con- trols and best practices identified under subpara- graph (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 assess- ment-related information provided by Trusted Agents and incorporating any new threat infor- mation into updated guidance under subpara- graph (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 con- sistent 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 re- port 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 Sec- retary of Homeland Security shall commission an as- sessment 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 reduc- ing 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 de- velopment center. ‘‘(3) CONTENTS.—The assessment commissioned under paragraph (1) shall— ‘‘(A) review the credentialing process by deter- mining— ‘‘(i) the appropriateness of vetting standards; ‘‘(ii) whether the fee structure adequately re- flects the current costs of vetting; Page 575 TITLE 46—SHIPPING § 70105 ‘‘(iii) whether there is unnecessary redundancy or duplication with other Federal- or State-issued transportation security credentials; and ‘‘(iv) the appropriateness of having varied Fed- eral and State threat assessments and access con- trols; ‘‘(B) review the process for renewing applications for Transportation Worker Identification Creden- tials, including the number of days it takes to re- view 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 Pro- gram, as implemented, addresses known or likely security risks in the maritime and port environ- ments; ‘‘(ii) evaluating the potential for a non-biomet- ric credential alternative; ‘‘(iii) identifying the technology, business proc- ess, 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 Pro- gram, as implemented; and ‘‘(v) evaluating the extent to which the Sec- retary of Homeland Security has addressed the deficiencies in the Program identified by the Gov- ernment 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 com- missioned. ‘‘(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 Transpor- tation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Com- mittee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives the results of the assessment com- missioned under this subsection. ‘‘(c) CORRECTIVE ACTION PLAN; PROGRAM REFORMS.—If the assessment commissioned under subsection (b) identifies a deficiency in the effectiveness of the Pro- gram, 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 Govern- mental Affairs of the Senate, the Committee on Home- land 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 bench- marks; ‘‘(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 ac- tion plan is submitted under subsection (c), the Inspec- tor 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 im- plements the requirements under subsection (c); and ‘‘(2) not later than 18 months after the date of such submission, and annually thereafter for 3 years, sub- mit 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 Sec- retary of Homeland Security shall reform the process for Transportation Worker Identification Credential enrollment, activation, issuance, and renewal to re- quire, 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 pro- viding 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 Secu- rity that fingerprints the public for the Department. These facilities shall be in addition to facilities estab- lished under section 70105 of title 46, United States Code. ‘‘(b) EXPIRATION.—The requirement made by sub- section (a) expires 1 year after the date the Secretary establishes the facilities required under that sub- section.’’ 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 enroll- ment sites for transportation security cards issued under section 70105 of title 46, United States Code, in- cluding— ‘‘(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 proc- essing times for applications. ‘‘(b) TIMELINES AND BENCHMARKS.—The Secretary shall develop timelines and benchmarks for imple- menting the findings of the assessment as the Sec- retary 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 proce- dures 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 se- curity card to be sent to an approved applicant’s place Page 576 TITLE 46—SHIPPING § 70106 of residence in a secure manner, the Secretary shall, within 1 year after the date of issuance of the final re- port by the Comptroller General, implement a secure process to permit an individual approved for a trans- portation security card to receive the card at the appli- cant’s place of residence or at the enrollment center of the individual’s choosing. The individual shall be re- sponsible for any additional cost associated with the secure delivery of a transportation security card.’’ PROHIBITION OF ISSUANCE OF TRANSPORTATION SECU- RITY 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 Secu- rity], in issuing a final rule pursuant to section 70105 of title 46, United States Code, shall provide for the dis- qualification 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.’’ § 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 capa- bilities 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 ac- cordance 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 mari- time security operations to address known or potentially armed security threats (including non-compliant actors at sea), and partici- pating in homeland security, homeland de- fense, and counterterrorism exercises in the maritime environment. (b) MISSION.—The combined force of the spe- cialized forces established under subsection (a) shall be trained, equipped, and capable of being deployed to— (1) deter, protect against, and rapidly re- spond 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 facil- ity found to present a risk to the vessel or fa- cility, 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 disrup- tion caused by such acts; (8) assist with facility vulnerability assess- ments 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 en- hanced 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 enforce- ment 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 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 ca- nine teams certified by the Coast Guard for the pur- poses of maritime-related security by no fewer than 10 canine teams annually through fiscal year 2012; and ‘‘(B) encourage owners and operators of port fa- cilities, passenger cruise liners, oceangoing cargo vessels, and other vessels identified by the Sec- retary 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 pos- sible, 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 de- ployment of the additional canine teams to ports based on risk, consistent with the Security and Account- ability 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