[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7145-S7147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ESSENTIAL TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL ASSESSMENT 
                                  ACT

  Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 436, H.R. 710.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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.

[[Page S7146]]

       (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.

  Mr. PORTMAN. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be withdrawn; that the Thune 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 5183) in the nature of a substitute was agreed to, 
as follows:

               (Purpose: In the nature of a substitute.)

       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.

[[Page S7147]]

       (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.

  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 710), as amended, was passed.

                          ____________________