[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 710 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 436
114th CONGRESS
  2d Session
                                H. R. 710

                          [Report No. 114-244]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2015

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             April 22, 2015

 Committee discharged; referred to the Committee on Commerce, Science, 
                           and Transportation

                             April 25, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
      To require the Secretary of Homeland Security to prepare a 
 comprehensive security assessment of the transportation security card 
                    program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Essential Transportation 
Worker Identification Credential Assessment Act''.</DELETED>

<DELETED>SEC. 2. COMPREHENSIVE SECURITY ASSESSMENT OF THE 
              TRANSPORTATION SECURITY CARD PROGRAM.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the Senate, and 
the Comptroller General of the United States a comprehensive assessment 
of the effectiveness of the transportation security card program under 
section 70105 of title 46, United States Code, at enhancing security 
and reducing security risks for facilities and vessels regulated 
pursuant to section 102 of Public Law 107-295. Such assessment shall be 
conducted by a national laboratory that, to the extent practicable, is 
within the Department of Homeland Security laboratory network with 
expertise in maritime security or by a maritime security university-
based center within the Department of Homeland Security centers of 
excellence network.</DELETED>
<DELETED>    (b) Contents.--The comprehensive assessment shall 
include--</DELETED>
        <DELETED>    (1) an evaluation of the extent to which the 
        program, as implemented, addresses known or likely security 
        risks in the maritime environment;</DELETED>
        <DELETED>    (2) an evaluation of the extent to which 
        deficiencies identified by the Comptroller General have been 
        addressed; and</DELETED>
        <DELETED>    (3) a cost-benefit analysis of the program, as 
        implemented.</DELETED>
<DELETED>    (c) Corrective Action Plan; Program Reforms.--Not later 
than 60 days after the Secretary submits the assessment under 
subsection (a), the Secretary shall submit a corrective action plan to 
the Committee on Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate that responds to 
the assessment under subsection (b). The corrective action plan shall 
include an implementation plan with benchmarks, may include 
programmatic reforms, revisions to regulations, or proposals for 
legislation, and shall be considered in any rule making by the 
Department relating to the transportation security card 
program.</DELETED>
<DELETED>    (d) Comptroller General Review.--Not later than 120 days 
after the Secretary issues the corrective action plan under subsection 
(c), the Comptroller General shall--</DELETED>
        <DELETED>    (1) review the extent to which such plan 
        implements--</DELETED>
                <DELETED>    (A) recommendations issued by the national 
                laboratory or maritime security university-based 
                center, as applicable, in the assessment submitted 
                under subsection (a); and</DELETED>
                <DELETED>    (B) recommendations issued by the 
                Comptroller General before the enactment of this Act; 
                and</DELETED>
        <DELETED>    (2) inform the Committee on Homeland Security and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate as to the responsiveness of such 
        plan to such recommendations.</DELETED>
<DELETED>    (e) Transportation Security Card Reader Rule.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of Homeland 
        Security may not issue a final rule requiring the use of 
        transportation security card readers until--</DELETED>
                <DELETED>    (A) the Comptroller General informs the 
                Committees on Homeland Security and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and Commerce, Science and 
                Transportation of the Senate that the submission under 
                subsection (a) is responsive to the recommendations of 
                the Comptroller General; and</DELETED>
                <DELETED>    (B) the Secretary issues an updated list 
                of transportation security card readers that are 
                compatible with active transportation security 
                cards.</DELETED>
        <DELETED>    (2) Limitation on application.--Paragraph (1) 
        shall not apply with respect to any final rule issued pursuant 
        to the notice of proposed rulemaking on Transportation Worker 
        Identification Credential (TWIC)-Reader Requirements published 
        by the Coast Guard on March 22, 2013 (78 Fed. Reg. 
        17781)</DELETED>
<DELETED>    (f) Comptroller General Oversight.--Not less than 18 
months after the date of the issuance of the corrective action plan 
under subsection (c), and every 6 months thereafter during the 3-year 
period following the date of the issuance of the first report under 
this subsection, the Comptroller General shall report to the Committee 
on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate regarding 
implementation of the corrective action plan.</DELETED>

<DELETED>SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.</DELETED>

<DELETED>    No additional funds are authorized to be appropriated to 
carry out this Act and the amendments made by this Act, and this Act 
and such amendments shall be carried out using amounts otherwise 
available for such purpose.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Essential Transportation Worker 
Identification Credential Assessment Act''.

SEC. 2. COMPREHENSIVE SECURITY ASSESSMENT OF THE TRANSPORTATION WORKER 
              IDENTIFICATION CREDENTIAL PROGRAM.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
commission a 2-phase comprehensive assessment of the effectiveness of 
the Transportation Worker Identification Credential Program (referred 
to in this section as the ``TWIC Program'' under section 70105 of title 
46, United States Code) at enhancing security and reducing security 
risks for facilities and vessels regulated pursuant to chapter 701 of 
title 46, United States Code.
    (b) Location.--The assessment commissioned pursuant to subsection 
(a) shall be conducted by a national laboratory or a university-based 
center within the Department of Homeland Security centers of excellence 
network.
    (c) Contents.--The assessment commissioned pursuant to subsection 
(a) shall include--
            (1) in phase 1, a review of the credentialing process, 
        including--
                    (A) the appropriateness of vetting standards;
                    (B) whether the fee structure adequately reflects 
                the current costs of vetting; and
                    (C) whether there is unnecessary overlap between 
                other transportation security credentials;
            (2) in phase 2, which shall follow the implementation of 
        the TWIC reader rule--
                    (A) an evaluation of the extent to which the TWIC 
                Program, as implemented, addresses known or likely 
                security risks in the maritime environment; and
                    (B) the technology, business process, and 
                operational impacts of the use of the transportation 
                worker identification credentials and TWIC readers in 
                the maritime environment;
            (3) an evaluation of the extent to which deficiencies 
        identified by the Comptroller General have been addressed; and
            (4) a cost-benefit analysis of the TWIC Program, as 
        implemented.
    (d) Corrective Action Plan; Program Reforms.--If, as part of the 
assessment submitted by the Secretary under subsection (a), the 
Secretary identifies a deficiency in effectiveness of the TWIC Program, 
the Secretary, not later than 120 days after such submission, shall 
submit a corrective action plan to the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Homeland Security of 
the House of Representatives, and the Committee on Transportation and 
Infrastructure of the House of Representatives that--
            (1) responds to findings of the assessment commissioned 
        under this section;
            (2) includes an implementation plan with benchmarks;
            (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 TWIC Program.
    (e) Inspector General Review.--If a corrective action plan is 
required under subsection (d), the Inspector General of the Department 
of Homeland Security, not later than 120 days after the submission of 
such plan, shall--
            (1) review the extent to which such plan implements--
                    (A) recommendations issued by the national 
                laboratory or university-based center of excellence, as 
                applicable, in the assessment submitted under 
                subsection (a); and
                    (B) recommendations issued by the Comptroller 
                General before the date of the enactment of this Act; 
                and
            (2) notify the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives about the responsiveness of such plan to such 
        recommendations.
    (f) Transportation Worker Identification Credential Rules.--
            (1) In general.--The Secretary of Homeland Security may not 
        issue additional rules relating to the issuance of 
        transportation worker identification credentials or the use of 
        TWIC readers until--
                    (A) the Inspector General of the Department of 
                Homeland Security notifies the Committee on Commerce, 
                Science, and Transportation of the Senate, the 
                Committee on Homeland Security of the House of 
                Representatives, and the Committee on Transportation 
                and Infrastructure of the House of Representatives that 
                the submission under subsection (d) is responsive to 
                the recommendations of the Inspector General; and
                    (B) the Secretary issues an updated list of TWIC 
                readers that are compatible with active transportation 
                worker security credentials.
            (2) Limitation on application.--Paragraph (1) shall not 
        apply with respect to any final rule issued pursuant to the 
        notice of proposed rulemaking on Transportation Worker 
        Identification Credential (TWIC)-Reader Requirements published 
        by the Coast Guard on March 22, 2013 (78 Fed. Reg. 17781).
    (g) Inspector General Oversight.--Not later than 18 months after 
the date of the issuance of the corrective action plan under subsection 
(d), and every 6 months thereafter during the 3-year period following 
the date of the issuance of the first report under this subsection, the 
Inspector General shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on Homeland 
Security of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
describes implementation of such plan.

SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out 
this Act and the amendments made by this Act, and this Act and such 
amendments shall be carried out using amounts otherwise available for 
such purpose.
                                                       Calendar No. 436

114th CONGRESS

  2d Session

                               H. R. 710

                          [Report No. 114-244]

_______________________________________________________________________

                                 AN ACT

      To require the Secretary of Homeland Security to prepare a 
 comprehensive security assessment of the transportation security card 
                    program, and for other purposes.

_______________________________________________________________________

                             April 25, 2016

                       Reported with an amendment