Our colleague Patrick Coyle at Chemical Facility Security
News (http://chemical-facility-security-news.blogspot.com/2016/04/house-to-consider-hr-3586-today.html)
spotted and posted about HR 3586, To amend the Homeland Security Act of 2002 to
improve border and maritime security coordination in the Department of Homeland
Security, and for other purposes. The bill is at https://www.congress.gov/114/bills/hr3586/BILLS-114hr3586rh.pdf
Mr. Coyle expects that the bill will pass with substantial
bipartisan support today, and will probably be taken up by the Senate under
their unanimous consent process, without debate and no vote. A discussion of
the TWIC provisions is below, followed by the full text of Sec. 12, the section
dealing with TWIC.
The bill requires DHS to publish a list of documents that
will identify non-United States citizen
TWIC applicants and verify the immigration statuses of such applicants by
requiring each such applicant to produce a document or documents that demonstrate (i) identity;
and (ii) proof of lawful presence in the
United States. The bill also requires DHS to enhance training requirements to
ensure that trusted agents at transportation security card enrollment centers
receive training to identify fraudulent documents.
There are two parts to Sec. 12: #1, strengthening procedures so that the card
cannot be used by illegal aliens and #2, requiring a report from DHS on the
appeals process. (The section title states “waiver and appeals” but only the
appeal process is addressed in the bill and the two processes are entirely
apples and oranges. I don’t have any figures and this is just an informed guess
but I am betting that there are many more waivers filed than appeals.)
It is unclear what else DHS needs to do to about non-United
States citizen TWIC applicants. There is already a procedure in place for
foreign nationals who need a TWIC. They need to obtain a TWIC-annotated B-1
visa. From the TSA TWIC website:
“What is the TWIC annotated B-1 visa and who can apply for
one?
Foreign nationals who perform maritime services in the
United States and require access to secure areas of facilities and vessels can
apply for this type of B-1 visa, specifically designed for the TWIC program.
These individuals are required to meet the eligibility requirements set forth
by the Department of State for a B-1 visa (‘Temporary Visitor for Business’)
and are required to provide an official letter from their employer stating that
a TWIC is required to perform the individual’s job in the maritime industry.
This letter must be provided to the relevant U.S. Embassy or
Consulate as part of the individual’s visa application. The employer letter
must contain details such as the type of work performed by the individual, the
location and duration of the work, as well as employer contact information is
required if additional information or follow up is necessary.”
NLT 90 days after the bill is passed, DHS must provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate information on
(1) The average time for the completion
of an appeal under the appeals process; (2) The most common reasons for any
delays at each step in such process; (3)
Recommendations on how to resolve any such delays as expeditiously as possible.
Text of this section:
SEC. 12. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
WAIVER AND APPEALS PROCESS.
(a) IN GENERAL.—Section 70105 of title 46, United 18 States
Code, is amended by adding at the end the following new section:
‘‘(r) SECURING THE TRANSPORTATION
WORKER IDENTIFICATION CREDENTIAL AGAINST USE BY UNAUTHORIZED ALIENS.—
‘‘(1) IN GENERAL.—The Secretary, acting through the Administrator of the
Transportation Security Administration, shall seek to strengthen the integrity
of transportation security cards issued under this section against improper
access by an individual who is not lawfully present in the United States.
‘‘(2) COMPONENTS.—In carrying out subsection (a), the Administrator of the Transportation
Security Administration shall—
‘‘(A) publish a list
of documents that will identify
non-United States citizen transportation security card applicants and verify
the immigration statuses of such applicants by requiring each such applicant to
produce a document or documents that
demonstrate—
‘‘(i) identity; and
‘‘(ii) proof of lawful presence in the United States; and
‘‘(B) enhance
training requirements to ensure that trusted agents at transportation security
card enrollment centers receive training to identify fraudulent documents.
‘‘(3) EXPIRATION.—A
transportation security card issued
under this section expires on the date of its expiration or on the date on which the
individual to whom such card is issued
is no longer lawfully entitled to be present in the United States, whichever is
earlier.’’.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate information on
the following:
(1) The average time
for the completion of an appeal under the appeals process established pursuant to
paragraph (4) of subsection (c) of section 70105 of title 46, United States
Code.
(2) The most common reasons for any delays at each step in
such process.
(3) Recommendations on how to resolve any such delays as
expeditiously as possible.
