To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes.
PL 114-278 (H.R.710), enacted 12/16/2016

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 CREDEN-
TIAL 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 Transpor-
tation Security Administration shall commence actions, con-
sistent 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 para-
graph (1) shall include— 
(A) conducting a comprehensive risk analysis of secu-
rity threat assessment procedures, including— 
(i) identifying those procedures that need addi-
tional 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 adju-
dicators 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 enact-
ment 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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130 STAT. 1411 
PUBLIC LAW 114–278—DEC. 16, 2016 
of Homeland Security shall submit a report to Congress that 
evaluates the implementation of the actions described in para-
graph (1). 
(b) COMPREHENSIVE SECURITY ASSESSMENT OF THE TRANSPOR-
TATION 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 para-
graph (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 develop-
ment center. 
(3) CONTENTS.—The assessment commissioned under para-
graph (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 Pro-
gram, 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 Account-
ability Office and the Inspector General of the Depart-
ment of Homeland Security before the date of enact-
ment of this Act. 
Evaluation. 
Reviews. 
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130 STAT. 1412 
PUBLIC LAW 114–278—DEC. 16, 2016 
LEGISLATIVE HISTORY—H.R. 710: 
SENATE REPORTS: No. 114–244 (Comm. on Commerce, Science, and Transpor-
tation). 
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. 
(4) DEADLINES.—The assessment commissioned under para-
graph (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 Com-
merce, 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 Rep-
resentatives the results of the assessment commissioned under 
this subsection. 
(c) CORRECTIVE ACTION PLAN; PROGRAM REFORMS.—If the 
assessment commissioned under subsection (b) identifies a defi-
ciency in the effectiveness of the Program, the Secretary of Home-
land 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 Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives that— 
(1) responds to findings of the assessment; 
(2) includes an implementation plan with benchmarks; 
(3) may include programmatic reforms, revisions to regula-
tions, or proposals for legislation; and 
(4) shall be considered in any rulemaking by the Depart-
ment 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 submis-
sion, 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 submis-
sion, 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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