In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 710 · Reported to Senate

   Struck: SECTION 1. SHORT TITLE.

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

   [struck: SEC. 2][inserted: SECTION 1]. [struck: COMPREHENSIVE SECURITY ASSESSMENT OF THE ]TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL [inserted: SECURITY CARD ]PROGRAM[inserted: IMPROVEMENTS AND ASSESSMENT].

   Inserted: (a) Credential Improvements.--

   ([struck: a][inserted: 1]) In [struck: General][inserted: general].--Not later than 60 days after the date of [struck: the ]enactment of this Act, the [struck: Secretary][inserted: Administrator] of [struck: Homeland Security shall commission a 2-phase comprehensive assessment of ]the [struck: effectiveness of the ]Transportation [struck: Worker Identification Credential Program (referred to in this ][inserted: Security Administration shall commence actions, consistent with ]section [struck: as the "TWIC Program" under section ]70105 of title 46, United States Code[struck: ) at enhancing security and reducing security risks][inserted: , to improve the Transportation Security Administration's process] for [struck: facilities and vessels regulated pursuant ][inserted: vetting individuals with access ]to [struck: chapter 701][inserted: secure areas] of [struck: title 46, United States Code][inserted: vessels and maritime facilities].

   Struck: (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.

   Struck: (c) Contents.--The assessment commissioned pursuant to subsection (a) shall include--

   Struck: (1) in phase 1, a review of the credentialing process, including--

   Struck: (A) the appropriateness of vetting standards;

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   Struck: (B) whether the fee structure adequately reflects the current costs of vetting; and

   Struck: (C) whether there is unnecessary overlap between other transportation security credentials;

   Struck: (2) in phase 2, which shall follow the implementation of the TWIC reader rule--

   Struck: (A) an evaluation of the extent to which the TWIC Program, as implemented, addresses known or likely security risks in the maritime environment; and

   Struck: (B) the technology, business process, and operational impacts of the use of the transportation worker identification credentials and TWIC readers in the maritime environment;

   Struck: (3) an evaluation of the extent to which deficiencies identified by the Comptroller General have been addressed; and

   Struck: (4) a cost-benefit analysis of the TWIC Program, as implemented.

   Struck: (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--

   Struck: (1) responds to findings of the assessment commissioned under this section;

   Inserted: (2) Required actions.--The actions described under paragraph (1) shall include--

   Inserted: (A) conducting a comprehensive risk analysis of security threat assessment procedures, including--

   Inserted: (i) identifying those procedures that need additional internal controls; and

   Inserted: (ii) identifying best practices for quality assurance at every stage of the security threat assessment;

   Inserted: (B) implementing the additional internal controls and best practices identified under subparagraph (A);

   Inserted: (C) improving fraud detection techniques, such as--

   Inserted: (i) by establishing benchmarks and a process for electronic document validation;

   Inserted: (ii) by requiring annual training for Trusted Agents; and

   Inserted: (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);

   Inserted: (D) updating the guidance provided to Trusted Agents regarding the vetting process and related regulations;

   Inserted: (E) finalizing a manual for Trusted Agents and adjudicators on the vetting process; and

   Inserted: (F) establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions.

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   Inserted: (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).

   Inserted: (b) Comprehensive Security Assessment of the Transportation Security Card Program.--

   Inserted: (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.

   Inserted: (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--

   Inserted: (A) a national laboratory;

   Inserted: (B) a university-based center within the Science and Technology Directorate's centers of excellence network; or

   Inserted: (C) a qualified federally-funded research and development center.

   Inserted: (3) Contents.--The assessment commissioned under paragraph (1) shall--

   Inserted: (A) review the credentialing process by determining--

   Inserted: (i) the appropriateness of vetting standards;

   Inserted: (ii) whether the fee structure adequately reflects the current costs of vetting;

   Inserted: (iii) whether there is unnecessary redundancy or duplication with other Federal- or State-issued transportation security credentials; and

   Inserted: (iv) the appropriateness of having varied Federal and State threat assessments and access controls;

   Inserted: (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

   Inserted: (C) review the security value of the Program by--

   Inserted: (i) evaluating the extent to which the Program, as implemented, addresses known or likely security risks in the maritime and port environments;

   Inserted: (ii) evaluating the potential for a non-biometric credential alternative;

   Inserted: (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;

   Inserted: (iv) assessing the costs and benefits of the Program, as implemented; and

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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--

   Inserted: (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 [struck: TWIC ]Program.

   ([struck: e][inserted: d]) Inspector General Review.--If a corrective action plan is [struck: required][inserted: submitted] under subsection ([struck: d][inserted: c]), the Inspector General of the Department of Homeland Security[struck: , not later than 120 days after the submission of such plan, ][inserted: ]shall--

   (1) [inserted: not later than 120 days after the date of such submission, ]review the extent to which such plan implements[struck: --][inserted: the requirements under subsection (c); and]

   Struck: (A) recommendations issued by the national laboratory or university-based center of excellence, as applicable, in the assessment submitted under subsection (a); and

   Struck: (B) recommendations issued by the Comptroller General before the date of the enactment of this Act; and

   Struck: (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.

   Struck: (f) Transportation Worker Identification Credential Rules.--

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   Struck: (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--

   Struck: (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

   Struck: (B) the Secretary issues an updated list of TWIC readers that are compatible with active transportation worker security credentials.

   Struck: (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).

   Struck: (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.

   Struck: SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

   Struck: 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.

   Inserted: (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.

   Original wording

   Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed