[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 710 Enrolled Bill (ENR)]

        H.R.710

                     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


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.