[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.
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(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.
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(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.
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