[House Report 112-523]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-523
======================================================================
DIRECTING THE SECRETARY OF HOMELAND SECURITY TO REFORM THE PROCESS FOR
THE ENROLLMENT, ACTIVATION, ISSUANCE, AND RENEWAL OF A TRANSPORTATION
WORKER IDENTIFICATION CREDENTIAL (TWIC) TO REQUIRE, IN TOTAL, NOT MORE
THAN ONE IN-PERSON VISIT TO A DESIGNATED ENROLLMENT CENTER
_______
June 15, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 3173]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3173) to direct the Secretary of Homeland
Security to reform the process for the enrollment, activation,
issuance, and renewal of a Transportation Worker Identification
Credential (TWIC) to require, in total, not more than one in-
person visit to a designated enrollment center, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. FINDINGS.
Congress finds the following:
(1) United States workers employed at nearly 2,600 marine
facilities and onboard nearly 13,000 United States-flag vessels
are required to carry a Transportation Worker Identification
Credential (TWIC) under the Maritime Transportation Security
Act of 2002 (MTSA). Department of Homeland Security (DHS)
regulations require merchant mariners who hold a Coast Guard-
issued Merchant Mariner Credential (MMC) and individuals who
require unescorted access to secure areas of MTSA-regulated
vessels and facilities to carry a TWIC.
(2) To date, nearly two million transportation workers have
applied for and received a TWIC. Applicants must pay $132.50 to
obtain the TWIC, and make two or more trips to an enrollment
center to apply for, and then to pick up and activate, their
TWIC.
(3) A TWIC is valid for a maximum of five years, at which
time the cardholder must request issuance of a new card. This
process requires workers to make an additional two or more
trips to the enrollment center and again pay $132.50 to receive
a new card.
(4) In addition to the cost of the card, workers face the
burden of making two or more time-consuming and often expensive
round trips to a TWIC enrollment center. In many instances, the
nearest enrollment center is hundreds of miles from a worker's
home.
(5) The TWIC enrollment process requiring two or more round
trips to an enrollment center is not mandated by statute or by
regulation. The process is driven by a DHS policy decision to
align the requirements for TWIC issuance with standards for
Personal Identity Verification (PIV) for Federal employees and
contractors. These standards are contained in Federal
Information Processing Standard Publication 201 (FIPS-201).
(6) While DHS has made the policy decision to generally align
the TWIC enrollment process with the FIPS-201 standard, the
Department may elect to deviate from this standard in instances
where it believes an alternative approach is more appropriate
for the TWIC program.
(7) Unlike other Government-issued credentials that adhere to
the FIPS-201 standard, the TWIC is effectively a work permit
for a highly-mobile private sector workforce.
(8) Possession of a TWIC does not allow a TWIC holder to gain
unescorted access to secure areas of MTSA-regulated vessels and
facilities unless the TWIC holder is authorized to do so under
a Coast Guard-approved vessel or facility security plan.
(9) DHS has the statutory authority and regulatory
flexibility to develop an alternative process for TWIC
enrollment and issuance that does not require applicants to
make multiple trips to a TWIC enrollment center.
(10) Other secure Government-issued identity documents,
including United States passports, can be distributed to
applicants by mail.
(11) Congress mandated the issuance of a final rule setting
forth requirements for TWIC biometric readers no later than two
years after the TWIC pilot began, which would have been August
2010; such a final rule has to date not been issued.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) to avoid further imposing unnecessary and costly
regulatory burdens on United States workers and businesses, it
is urgent that the TWIC application process be reformed by not
later than the end of 2012, when hundreds of thousands of
current TWIC holders will begin to face the requirement to
renew their TWICs;
(2) the Secretary of Homeland Security should promulgate
final regulations that require the deployment of TWIC readers
as soon as practicable, in order to ensure the TWIC program
realizes its intended security purpose; and
(3) funds, which have been awarded under the Port Security
Grant Program for the purpose of funding TWIC projects, shall
not expire before the issuance of the final TWIC reader rule.
SEC. 3. TWIC APPLICATION REFORM.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall reform the process for the
enrollment, activation, issuance, and renewal of a Transportation
Worker Identification Credential (TWIC) to require, in total, not more
than one in-person visit to a designated enrollment center except in
cases in which there are extenuating circumstances, as determined by
the Secretary, requiring more than one such in-person visit.
PURPOSE AND SUMMARY
The purpose of H.R. 3173 is to direct the Secretary of
Homeland Security to reform the process for the enrollment,
activation, issuance, and renewal of a Transportation Worker
Identification Credential (TWIC) to require, in total, not more
than one in-person visit to a designated enrollment center.
BACKGROUND AND NEED FOR LEGISLATION
The Transportation Worker Identification Credential (TWIC)
program was established to ensure all individuals who require
admittance into secure areas of regulated maritime facilities
and vessels are properly vetted and do not pose a threat to
maritime and supply chain security.
Current TWIC requirements require that applicants go to an
enrollment center twice to complete the application and confirm
the biometric information embedded into the card. The Committee
believes that this is an onerous burden for workers in the
maritime industry, such as merchant vessel operators and truck
drivers, who must obtain the credential for employment.
Individuals in need of a TWIC card often work long hours
with little down time. Many cannot afford to take extended
periods of time off to go to an enrollment center, in some
cases located hundreds of miles away, on two different
occasions.
The Committee believes that the Secretary of Homeland
Security should reform the TWIC process before the end of 2012,
when the TWICs first issued in 2007 will need to be renewed
allowing applicants to complete the process with only one in-
person visit.
HEARINGS
Although no hearings were directly held on H.R. 3173 during
the 112th Congress, TWIC was discussed at multiple hearings.
On June 14, 2011, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Securing the Nation's Ports
and Maritime Border--A Review of the Coast Guard Post--9/11
Homeland Security Missions.'' The Subcommittee received
testimony from Admiral Robert J. Papp, Jr., Commandant of the
U.S. Coast Guard.
COMMITTEE CONSIDERATION
The Committee met on May 9, 2012, to consider H.R. 3173,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The Committee adopted H.R. 3173, as amended, by unanimous
consent.
The following amendments were offered:
An amendment offered by Ms. Sanchez (#1); was AGREED TO by
unanimous consent.
At the end of section 1, add
(11) Congress mandated the issuance of a final rule setting forth
requirements for TWIC biometric readers no later than two years after
the TWIC pilot began, which would have been August 2010; such a final
rule has to date not been issued.
Amend section 2 with a new section entitled ``Sec. 2. Sense of
Congress.''
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 3173.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3173 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
June 8, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security, House of Representatives,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3173, a bill to
direct the Secretary of Homeland Security to reform the process
for the enrollment, activation, issuance, and renewal of a
Transportation Worker Identification Credential (TWIC) to
require, in total, not more than one in-person visit to a
designated enrollment center.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3173--A bill to direct the Secretary of Homeland Security to
reform the process for the enrollment, activation, issuance,
and renewal of a Transportation Worker Identification
Credential (TWIC) to require, in total, not more than one in-
person visit to a designated enrollment center
The Maritime Transportation Security Act (Public Law 107-
295) directs the Secretary of Homeland Security to prohibit
unauthorized individuals from accessing secure areas of ports,
vessels, facilities on the Outer Continental Shelf, and all
credentialed merchant mariners. To meet that requirement, the
Transportation Security Administration (TSA) issues credentials
with biometric information (known as Transportation Worker
Identification Credentials, or TWICs) to workers who require
unescorted access to such areas.
Under current administrative procedures, obtaining a TWIC
requires at least two in-person visits to a TWIC enrollment
center. H.R. 3173 would direct the Secretary of Homeland
Security to reform those procedures to ensure that individuals
seeking a TWIC would need to make one such in-person visit.
The costs of implementing reformed TWIC procedures under
H.R. 3173 are uncertain and would depend on specific changes
that TSA would make. Current law directs TSA to collect and
spend cost-based fees from TWIC applicants to administer the
program. For this estimate, CBO assumes that TSA would revise
fees to offset any change in TSA's costs to administer the TWIC
program under H.R. 3173. Any such changes to offsetting
receipts from such fees and subsequent spending would be
considered direct spending; therefore, pay-as-you-go procedures
apply. CBO estimates, however, that any resulting net changes
in direct spending under H.R. 3173 would not be significant in
any year. Enacting the bill would not affect revenues.
H.R. 3173 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 3173 contains the following
general performance goals,and objectives, including outcome
related goals and objectives authorized.
The performance goal and objective of H.R. 3173 is the
reform of the TWIC application process to allow applicants to
obtain a TWIC with only one in-person visit.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3173 does
not preempt any State, local, or Tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Findings
Congress finds the following:
United States workers employed at nearly 2,600 marine
facilities and onboard nearly 13,000 United States-flag
vessels are required to carry a Transportation Worker
Identification Credential (TWIC) under the Maritime
Transportation Security Act of 2002.
Nearly two million transportation workers have
applied for and received a TWIC. Applicants must pay
$132.50 to obtain the TWIC, and make two or more trips
to an enrollment center to apply for, and then to pick
up and activate, their TWIC.
Workers face the burden of making two or more time-
consuming and often expensive round trips to a TWIC
enrollment center. In many instances, the nearest
enrollment center is hundreds of miles from a worker's
home.
The TWIC enrollment process requiring two or more
round trips to an enrollment center is not mandated by
statute or regulation. The process is driven by a
Department of Homeland Security policy decision to
align the requirements for TWIC issuance with standards
for Personal Identity Verification for Federal
employees and contractors.
The Department may elect to deviate from this
standard if it believes an alternative approach is more
appropriate for the TWIC program. DHS has the statutory
authority and regulatory flexibility to develop an
alternative process for TWIC enrollment and issuance
that does not require applicants to make multiple trips
to a TWIC enrollment center.
Congress mandated the issuance of a final rule
setting forth requirements for TWIC biometric readers
no later than two years after the TWIC pilot began,
which would have been August 2010; to date, no final
rule has been issued.
Section 2. Sense of Congress
This section establishes that it is the sense of Congress
that the TWIC application process be reformed by not later than
the end of 2012, when current TWIC holders will be required to
renew their TWICs, and the Secretary of Homeland Security
should promulgate final regulations that require the deployment
of TWIC readers as soon as practicable. Additionally, Port
Security Grant funds allocated for the purpose of funding TWIC
projects shall not expire before the issuance of the final TWIC
reader rule.
Section 3. TWIC Application reform
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall reform the
process for the enrollment, activation, and renewal of a TWIC
to require, not more than one in-person visit to a designated
enrollment center, except in cases in which there are
extenuating circumstances, as determined by the Secretary.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3173 makes no changes to existing law.