46 U.S.C. § 70105
Transportation worker identification credentials
United States · Title 46 — SHIPPING · Status: effective
Cite this
- Citation
- 46 U.S.C. § 70105, Transportation worker identification credentials, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/488545
- Permanent ID
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Full text
The Secretary shall prescribe regulations to prevent an individual from entering an area of a vessel or facility that is designated as a secure area by the Secretary for purposes of a security plan for the vessel or facility that is approved by the Secretary under section 70103 of this title unless the individual—
This subsection applies to—
a member of the Armed Forces who—
Except as provided under paragraph (2), an individual is permanently disqualified from being issued a biometric transportation worker identification credential 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:
Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In this clause, an explosive or explosive device includes—
Except as provided under paragraph (2), an individual is disqualified from being issued a biometric transportation worker identification credential under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, during the 7-year period ending on the date on which the individual applies for such credential, or was released from incarceration during the 5-year period ending on the date on which the individual applies for such credential, of any of the following felonies:
Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, a firearm or other weapon. In this clause, a firearm or other weapon includes—
Except as provided under subparagraphs (A) through (C), an individual may not be denied a transportation worker identification credential under subsection (b) unless the Secretary determines that individual—
has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony—
The Secretary shall prescribe regulations that establish a waiver process for issuing a transportation worker identification credential to an individual found to be otherwise ineligible for such a credential under subparagraph (A), (B), or (D) of paragraph (1). In deciding to issue a credential to such an individual, the Secretary shall—
On request of the Secretary, the Attorney General shall—
A background records check regarding an individual under this subsection shall consist of the following:
The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall—
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 section 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)—
The Secretary may not require the placement of an electronic reader for transportation worker identification credentials on a vessel unless—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Maritime Transportation Security Act of 2002House: no recorded tallySenate: 95–0
- Coast Guard and Maritime Transportation Act of 2006House: 413–0Senate: no recorded tally
- SAFE Port Act
- Implementing Recommendations of the 9/11 Commission Act of 2007
- Coast Guard Authorization Act of 2010House: 385–11Senate: no recorded tally
- To make technical corrections to provisions of law enacted by the Coast Guard Authorization Act of 2010.House: no recorded tallySenate: no recorded tally
- Coast Guard Authorization Act of 2015House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2017
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023