PUBLIC LAW 114–278—DEC. 16, 2016 

TRANSPORTATION SECURITY CARD 

PROGRAM ASSESSMENT 


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130 STAT. 1410 PUBLIC LAW 114–278—DEC. 16, 2016 

Public Law 114–278 

114th Congress 

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 assessmentrelated 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 

Update. 

Review. 

Analysis. 

Deadlines. 

46 USC 70105 

note. 

Dec. 16, 2016 

[H.R. 710] 


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PUBLIC LAW 114–278—DEC. 16, 2016 130 STAT. 1411 

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. 

Evaluation. 

Reviews. 


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130 STAT. 1412 PUBLIC LAW 114–278—DEC. 16, 2016 

LEGISLATIVE HISTORY—H.R. 710: 

HOUSE REPORTS: No. 114–244 (Comm. on Commerce, Science, and Transportation). 

CONGRESSIONAL RECORD: 

Vol. 161 (2015): Feb. 10, considered and passed House. 

Vol. 162 (2016): Dec. 9, considered and passed Senate, amended. 

Dec. 13, House concurred in Senate amendment. 

Æ 

(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. 

Approved December 16, 2016. 

Time period. 

Reports. 

Deadlines. 

Deadline. 

Deadline. 


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