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H.R. 710 (114th): To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes.

The text of the bill below is as of Apr 25, 2016 (Reported by Senate Committee).


II

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 , 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.

1.

Short title

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

2.

Comprehensive security assessment of the transportation security card program

(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.

(b)

Contents

The comprehensive assessment shall include—

(1)

an evaluation of the extent to which the program, as implemented, addresses known or likely security risks in the maritime environment;

(2)

an evaluation of the extent to which deficiencies identified by the Comptroller General have been addressed; and

(3)

a cost-benefit analysis of the program, as implemented.

(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.

(d)

Comptroller General review

Not later than 120 days after the Secretary issues the corrective action plan under subsection (c), the Comptroller General shall—

(1)

review the extent to which such plan implements—

(A)

recommendations issued by the national laboratory or maritime security university-based center, as applicable, in the assessment submitted under subsection (a); and

(B)

recommendations issued by the Comptroller General before the enactment of this Act; and

(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.

(e)

Transportation security card reader rule

(1)

In general

The Secretary of Homeland Security may not issue a final rule requiring the use of transportation security card readers until—

(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

(B)

the Secretary issues an updated list of transportation security card readers that are compatible with active transportation security cards.

(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)

(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.

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.

1.

Short title

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

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.

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.

April 25, 2016

Reported with an amendment