[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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 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

[[Page 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.

[[Page 1412]]

(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.

LEGISLATIVE HISTORY--H.R. 710:
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SENATE 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.