PUBLIC LAW 107-295—NOV. 25, 2002 116 STAT. 2073 "§ 70105. Transportation security cards "(a) PROHIBITION. —(1) The Secretary shall prescribe regulations Regulations, to prevent an individual from entering an area of a vessel or facility that is designated as a secure area by the Secretary for purposes of a security plan for the vessel or facility that is approved by the Secretary under section 70103 of this title unless the individual— "(A) holds a transportation security card issued under this section and is authorized to be in the area in accordance with the plan; or "(B) is accompanied by another individual who holds a transportation security card 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 individual into the area is in compliance with paragraph (1). "(b) ISSUANCE OF CARDS. —(1) The Secretary shall issue a biometric transportation security card to an individual specified in paragraph (2), unless the Secretary decides that the individual poses a security risk under subsection (c) warranting denial of the card. "(2) This subsection applies to— "(A) an individual allowed unescorted access to a secure area designated in a vessel or facility security plan approved under section 70103 of this title; "(B) an individual issued a license, certificate of registry, or merchant mariners document under part E of subtitle II of this title; "(C) a vessel pilot; "(D) an individual engaged on a towing vessel that pushes, pulls, or hauls alongside a tank vessel; "(E) an individual with access to security sensitive information as determined by the Secretary; and "(F) other individuals engaged in port security activities as determined by the Secretary. " (c) DETERMINATION OF TERRORISM SECURITY RISK.— (1) An individual may not be denied a transportation security card under subsection (b) unless the Secretary determines that individual— "(A) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony— "(i) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or "(ii) for causing a severe transportation security incident; "(B) has been released from incarceration within the preceding 5-year period for committing a felony described in subparagraph (A); "(C) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or "(D) otherwise poses a terrorism security risk to the United States. "(2) The Secretary shall prescribe regulations that establish Regulations. a waiver process for issuing a transportation security card to an individual found to be otherwise ineligible for such a card under 99-194O-03 -16:QL3Part3
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