[Congressional Record Volume 162, Number 180 (Tuesday, December 13, 2016)]
[House]
[Pages H7585-H7586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ESSENTIAL TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL ASSESSMENT 
                                  ACT

  Mr. SMITH of New Jersey. Madam Speaker, I ask unanimous consent to 
take from the Speaker's table 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, with the Senate amendment thereto, and concur in the Senate 
amendment.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will report the Senate amendment.
  The Clerk read as follows:
  Senate amendment:

       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

[[Page H7586]]

       (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.

  Mr. SMITH of New Jersey (during the reading). Madam Speaker, I ask 
unanimous consent to dispense with the reading of the amendment.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from New Jersey?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________