Page:United States Statutes at Large Volume 120.djvu/1921

 120 STAT. 1890

Deadline. Notice. Public comment.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

PUBLIC LAW 109–347—OCT. 13, 2006

‘‘(A) IN GENERAL.—The pilot program described in paragraph (1) shall be conducted concurrently with the issuance of the transportation security cards described in subsection (b) to ensure card and card reader interoperability. ‘‘(B) FEE.—An individual charged a fee for a transportation security card issued under this section may not be charged an additional fee if the Secretary determines different transportation security cards 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 security card 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 security card readers that are consistent with the findings of the pilot program and build upon the regulations prescribed under subsection (a). ‘‘(4) REPORT.—Not later than 120 days before the promulgation of regulations under paragraph (3), the Secretary shall submit a comprehensive report to the appropriate congressional committees (as defined in section 2(1) of SAFE Port Act) that includes— ‘‘(A) the findings of the pilot program with respect to technical and operational impacts of implementing a transportation security card reader system; ‘‘(B) any actions that may be necessary to ensure that all vessels and facilities to which this section applies are able to comply with such regulations; and ‘‘(C) an analysis of the viability of equipment under the extreme weather conditions of the marine environment. ‘‘(l) PROGRESS REPORTS.—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). ‘‘(m) LIMITATION.—The Secretary may not require the placement of an electronic reader for transportation security cards on a vessel unless— ‘‘(1) the vessel has more individuals on the crew that are required to have a transportation security card than the number the Secretary determines, by regulation issued under subsection (k)(3), warrants such a reader; or ‘‘(2) the Secretary determines that the vessel is at risk of a severe transportation security incident.’’. (b) CLARIFICATION OF ELIGIBILITY FOR TRANSPORTATION SECURITY CARDS.—Section 70105 of title 46, United States Code, is amended— (1) in subsection (b)(2)— (A) in subparagraph (E), by striking ‘‘and’’ at the end; (B) in subparagraph (F), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following:

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