TRANSPORTATION SECURITY CARD.

SEC. 104. TRANSPORTATION SECURITY CARD.(a) In General.—Section 70105 of title 46, United States Code, is amended by adding at the end the following:“(g) Applications for Merchant Mariners’ Documents.—The Assistant Secretary of Homeland Security for the Transportation Security Administration and the Commandant of the Coast Guard shall concurrently process an application from an individual for merchant mariner’s documents under chapter 73 of title 46, 120 STAT. 1889 United States Code, and an application from that individual for a transportation security card under this section.“(h) Fees.—The Secretary shall ensure that the fees charged each individual applying for a transportation security card 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)—“(1) are for costs associated with the issuance, production, and management of the transportation security card, as determined by the Secretary; and“(2) do not include costs associated with performing a background check for that individual, except for any incremental costs in the event that the scope of such background checks diverge.“(i) Implementation Schedule.—In implementing the transportation security card program under this section, the Secretary shall—“(1) establish a priority for each United States port based on risk, including vulnerabilities assessed under section 70102; and“(2) implement the program, based upon such risk and other factors as determined by the Secretary, at all facilities regulated under this chapter at—“(A) the 10 United States ports that the Secretary designates top priority not later than July 1, 2007;“(B) the 40 United States ports that are next in order of priority to the ports described in subparagraph (A) not later than January 1, 2008; and“(C) all other United States ports not later than January 1, 2009.“(j) Transportation Security Card Processing Deadline.—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.“(k) Deployment of Transportation Security Card Readers.—“(1) Pilot program.—“(A) In general.—The Secretary shall conduct a pilot program to test the business processes, technology, and operational impacts required to deploy transportation security card readers at secure areas of the marine transportation system.“(B) Geographic locations.—The pilot program shall take place at not fewer than 5 distinct geographic locations, to include vessels and facilities in a variety of environmental 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 transportation security cards.—120 STAT. 1890“(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:120 STAT. 1891 “(G) other individuals as determined appropriate by the Secretary including individuals employed at a port not otherwise covered by this subsection.”; and(2) in subsection (c)(2), by inserting “subparagraph (A), (B), or (D)” before “paragraph (1)”.(c) Deadline for Section 70105 Regulations.—Not later than January 1, 2007, the Secretary 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.