[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Page S7078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5183. Mr. PORTMAN (for Mr. Thune) proposed an amendment to the
bill H.R. 710, to require the Secretary of Homeland Security to prepare
a comprehensive security assessment of the transportation security card
program, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
SECURITY CARD PROGRAM IMPROVEMENTS AND
ASSESSMENT.
(a) Credential Improvements.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall commence
actions, consistent with section 70105 of title 46, United
States Code, to improve the Transportation Security
Administration's process for vetting individuals with access
to secure areas of vessels and maritime facilities.
(2) Required actions.--The actions described under
paragraph (1) shall include--
(A) conducting a comprehensive risk analysis of security
threat assessment procedures, including--
(i) identifying those procedures that need additional
internal controls; and
(ii) identifying best practices for quality assurance at
every stage of the security threat assessment;
(B) implementing the additional internal controls and best
practices identified under subparagraph (A);
(C) improving fraud detection techniques, such as--
(i) by establishing benchmarks and a process for electronic
document validation;
(ii) by requiring annual training for Trusted Agents; and
(iii) by reviewing any security threat assessment-related
information provided by Trusted Agents and incorporating any
new threat information into updated guidance under
subparagraph (D);
(D) updating the guidance provided to Trusted Agents
regarding the vetting process and related regulations;
(E) finalizing a manual for Trusted Agents and adjudicators
on the vetting process; and
(F) establishing quality controls to ensure consistent
procedures to review adjudication decisions and terrorism
vetting decisions.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report to
Congress that evaluates the implementation of the actions
described in paragraph (1).
(b) Comprehensive Security Assessment of the Transportation
Security Card Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall commission an assessment of the effectiveness of the
transportation security card program (referred to in this
section as ``Program'') required under section 70105 of title
46, United States Code, at enhancing security and reducing
security risks for facilities and vessels regulated under
chapter 701 of that title.
(2) Location.--The assessment commissioned under paragraph
(1) shall be conducted by a research organization with
significant experience in port or maritime security, such
as--
(A) a national laboratory;
(B) a university-based center within the Science and
Technology Directorate's centers of excellence network; or
(C) a qualified federally-funded research and development
center.
(3) Contents.--The assessment commissioned under paragraph
(1) shall--
(A) review the credentialing process by determining--
(i) the appropriateness of vetting standards;
(ii) whether the fee structure adequately reflects the
current costs of vetting;
(iii) whether there is unnecessary redundancy or
duplication with other Federal- or State-issued
transportation security credentials; and
(iv) the appropriateness of having varied Federal and State
threat assessments and access controls;
(B) review the process for renewing applications for
Transportation Worker Identification Credentials, including
the number of days it takes to review application, appeal,
and waiver requests for additional information; and
(C) review the security value of the Program by--
(i) evaluating the extent to which the Program, as
implemented, addresses known or likely security risks in the
maritime and port environments;
(ii) evaluating the potential for a non-biometric
credential alternative;
(iii) identifying the technology, business process, and
operational impacts of the use of the transportation security
card and transportation security card readers in the maritime
and port environments;
(iv) assessing the costs and benefits of the Program, as
implemented; and
(v) evaluating the extent to which the Secretary of
Homeland Security has addressed the deficiencies in the
Program identified by the Government Accountability Office
and the Inspector General of the Department of Homeland
Security before the date of enactment of this Act.
(4) Deadlines.--The assessment commissioned under paragraph
(1) shall be completed not later than 1 year after the date
on which the assessment is commissioned.
(5) Submission to congress.--Not later than 60 days after
the date that the assessment is completed, the Secretary of
Homeland Security shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives the results of the assessment commissioned
under this subsection.
(c) Corrective Action Plan; Program Reforms.--If the
assessment commissioned under subsection (b) identifies a
deficiency in the effectiveness of the Program, the Secretary
of Homeland Security, not later than 60 days after the date
on which the assessment is completed, shall submit a
corrective action plan to the Committee on Commerce, Science,
and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives that--
(1) responds to findings of the assessment;
(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 Program.
(d) Inspector General Review.--If a corrective action plan
is submitted under subsection (c), the Inspector General of
the Department of Homeland Security shall--
(1) not later than 120 days after the date of such
submission, review the extent to which such plan implements
the requirements under subsection (c); and
(2) not later than 18 months after the date of such
submission, and annually thereafter for 3 years, submit a
report to the congressional committees set forth in
subsection (c) that describes the progress of the
implementation of such plan.
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