To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes.

Bill: 114-hr-710
Sponsor: full_name: Rep. Jackson Lee, Sheila [D-TX-18]
Introduced: 2015-02-04
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Congressional oversight

Department of Homeland Security

Government studies and investigations

Homeland security

Marine and inland water transportation

Performance measurement

Technology assessment

Transportation employees

Transportation safety and security
Latest action: action_date: 2016-12-16
text: Became Public Law No: 114-278.

Summaries:
action_date: 2015-02-04
action_desc: Introduced in House
text: <p><b>Essential Transportation Worker Identification Credential Assessment Act</b></p> <p>Directs the Secretary of Homeland Security (DHS) to submit to Congress and the Comptroller General (GAO) a comprehensive assessment of the effectiveness of the transportation security card program at enhancing security and reducing security risks for maritime facilities and vessels. Requires the assessment to be conducted, to the extent practicable, by a national laboratory within the DHS laboratory network or a maritime security university-based center within the DHS centers of excellence network.</p> <p>Directs the Secretary to submit to Congress a corrective action plan responding to the assessment which: (1) includes an implementation plan with benchmarks, and (2) shall be considered in any DHS rulemaking with respect to the transportation security card program.</p> <p>Directs the Comptroller General, within 120 days after the corrective action plan is issued, to: (1) review the extent to which it implements the recommendations of the national laboratory or the maritime security university-based center and of the Comptroller General, and (2) inform Congress as to the plan's responsiveness to such recommendations.</p> <p>Prohibits the Secretary from issuing a final rule requiring the use of transportation security card readers until: (1) the Comptroller General informs Congress that the submission is responsive to the GAO recommendations, and (2) the Secretary issues an updated list of transportation security card readers that are compatible with active transportation security cards.</p> <p>Requires the Comptroller General to report to Congress on implementation of the plan at least 18 months after it is issued, and every 6 months thereafter for the ensuing 3-year period.</p> <p>Declares that no additional funds are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available for the purpose.</p>

action_date: 2015-02-10
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Essential Transportation Worker Identification Credential Assessment Act </b></p> <p> (Sec. 2) Directs the Secretary of Homeland Security (DHS) to submit to Congress and the Comptroller General (GAO) a comprehensive assessment of the effectiveness of the transportation security card program at enhancing security and reducing security risks for maritime facilities and vessels. Requires the assessment to be conducted, to the extent practicable, by a national laboratory within the DHS laboratory network or a maritime security university-based center within the DHS centers of excellence network.</p> <p>Directs the Secretary to submit to Congress a corrective action plan responding to the assessment which: (1) includes an implementation plan with benchmarks, and (2) shall be considered in any DHS rulemaking with respect to the transportation security card program.</p> <p>Directs the Comptroller General, within 120 days after the corrective action plan is issued, to: (1) review the extent to which it implements the recommendations of the national laboratory or the maritime security university-based center and of the Comptroller General, and (2) inform Congress as to the plan's responsiveness to such recommendations.</p> <p>Prohibits the Secretary from issuing a final rule requiring the use of transportation security card readers until: (1) the Comptroller General informs Congress that the submission is responsive to the GAO recommendations, and (2) the Secretary issues an updated list of transportation security card readers that are compatible with active transportation security cards.</p> <p>Requires the Comptroller General to report to Congress on implementation of the plan at least 18 months after it is issued, and every 6 months thereafter for the ensuing 3-year period.</p> <p>(Sec. 3) Declares that no additional funds are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available for the purpose.</p>

action_date: 2016-04-25
action_desc: Reported to Senate with amendment(s)
text: <p><b>Essential Transportation Worker Identification Credential Assessment Act</b></p> <p>(Sec. 2) This bill directs the Department of Homeland Security (DHS) to commission a national laboratory or a university-based center within the DHS centers of excellence network to conduct a two-phase comprehensive assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. </p> <p>The assessment shall include: (1) in Phase 1, a review of the credentialing process; (2) in Phase 2, which shall follow the implementation of the TWIC reader rule, an evaluation of the extent to which the TWIC Program addresses security risks in the maritime environment and 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 Government Accountability Office (GAO) have been addressed; and (4) a cost-benefit analysis of the TWIC Program.</p> <p> If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: (1) responds to the assessment and includes an implementation plan with benchmarks, and (2) shall be considered in any DHS rulemaking with respect to the TWIC Program.</p> <p>The DHS Inspector General, after submission of the corrective action plan, shall: (1) review the extent to which such plan implements the recommendations of the national laboratory or university-based center and of the GAO, and (2) notify Congress about the plan's responsiveness to such recommendations.</p> <p>DHS may not issue additional rules with respect to the issuance of transportation worker identification credentials or use of TWIC readers until: (1) the Inspector General notifies Congress that the corrective action plan is responsive to the Inspector General's recommendations, and (2) DHS issues an updated list of TWIC readers that are compatible with active transportation worker security credentials. Such prohibition is inapplicable with respect to any final rule issued pursuant to the notice of proposed rulemaking on TWIC-Reader Requirements published by the Coast Guard on March 22, 2013.</p> <p>The Inspector General shall report to Congress on implementation of the corrective action plan within 18 months after the plan is issued and every 6 months thereafter for the next three years.</p>

action_date: 2016-12-10
action_desc: Passed Senate amended
text: <p>(Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities.</p> <p>These actions shall include:</p> <ul> <li>conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment;</li> <li>implementing such internal controls and best practices;</li> <li>improving fraud detection techniques;</li> <li>updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations;</li> <li>finalizing a manual for such agents and adjudicators on the vetting process; and</li> <li>establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions.</li> </ul> <p>The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident.</p> <p>The assessment shall review:</p> <ul> <li> the credentialing process,</li> <li>the process for renewing TWIC applications, and</li> <li>the security value of the TWIC program.</li> </ul> <p>If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that:</p> <ul> <li>responds to assessment findings and includes an implementation plan with benchmarks, and</li> <li>shall be considered in any DHS rulemaking with respect to the TWIC Program.</li> </ul> <p>The DHS Inspector General must review and report on the corrective action plan.</p>

action_date: 2016-12-16
action_desc: Public Law
text: <p>(This measure has not been amended since it was passed by the Senate on December 10, 2016. The summary of that version is repeated here.)</p> <p>(Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities.</p> <p>These actions shall include:</p> <ul> <li>conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment;</li> <li>implementing such internal controls and best practices;</li> <li>improving fraud detection techniques;</li> <li>updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations;</li> <li>finalizing a manual for such agents and adjudicators on the vetting process; and</li> <li>establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions.</li> </ul> <p>The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident.</p> <p>The assessment shall review:</p> <ul> <li> the credentialing process,</li> <li>the process for renewing TWIC applications, and</li> <li>the security value of the TWIC program.</li> </ul> <p>If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that:</p> <ul> <li>responds to assessment findings and includes an implementation plan with benchmarks, and</li> <li>shall be considered in any DHS rulemaking with respect to the TWIC Program.</li> </ul> <p>The DHS Inspector General must review and report on the corrective action plan. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 710 IN THE HOUSE OF REPRESENTATIVES February 4, 2015 Ms. Jackson Lee (for herself, Mr. Thompson of Mississippi , and Mrs. Miller of Michigan ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL 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 one 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 the Committee on 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 six 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.

tv_txt: I 114th CONGRESS 1st Session H. R. 710 IN THE HOUSE OF REPRESENTATIVES 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.

Passed the House of Representatives February 10, 2015. Karen L. Haas, Clerk.

tv_txt: IIB 114th CONGRESS 1st Session H. R. 710 IN THE SENATE OF THE UNITED STATES February 11, 2015 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs 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.

Passed the House of Representatives February 10, 2015. Karen L. Haas, Clerk

tv_txt: II 114th CONGRESS 1st Session H. R. 710 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 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.

Passed the House of Representatives February 10, 2015. Karen L. Haas, Clerk

tv_txt: 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 Mr. Thune , 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

tv_txt: I One Hundred Fourteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen H. R. 710 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. 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.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: 114th CONGRESS 2d Session H.R. 710 In the Senate of the United States, December 10 (legislative day, December 9), 2016. Amendment:

That the bill from the House of Representatives (H.R. 710) entitled 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. , do pass with the following Strike all after the enacting clause and insert the following: 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.

Secretary