[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 710 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                       December 10 (legislative day, December 9), 2016.
    Resolved, 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

                               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
                            (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.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                H.R. 710

_______________________________________________________________________

                               AMENDMENT