U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–244 

Calendar No. 436 

ESSENTIAL TRANSPORTATION WORKER 

IDENTIFICATION CREDENTIAL ASSESSMENT ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

H.R. 710 

APRIL 25, 2016.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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1P.L. 107–71. 

2P.L. 107–295. 

Calendar No. 436 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–244 

ESSENTIAL TRANSPORTATION WORKER IDENTIFICATION 

CREDENTIAL ASSESSMENT ACT 

APRIL 25, 2016.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany H.R. 710] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (H.R. 710) to require the Secretary of 

Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other 

purposes, having considered the same, reports favorably thereon 

with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 710, as amended, is to require a comprehensive assessment of the effectiveness of the Transportation Worker 

Identification Credential (TWIC) program, and require a corrective 

action plan that addresses concerns raised by the Comptroller General, and during the comprehensive assessment. 

BACKGROUND AND NEEDS

Shortly after September 11, 2001, Congress called for the establishment of a common credential for personnel requiring unescorted 

access to secure areas of the national transportation system. The 

TWIC program was developed in response to legislative provisions 

in the Aviation and Transportation Security Act of 2001 1 and the 

Maritime Transportation Security Act of 2002,2 and in accordance 

with Government standards for secure credentials. The Transportation Security Administration (TSA) manages applicant enrollVerDate Sep 11 2014 06:11 Apr 29, 2016 Jkt 059010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR244.XXX SR244

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3 Journal of Commerce. 2015, May 4. TSA reports processing delays for TWIC cards. Retrieved 

from http://www.joc.com/regulation-policy/transportation-regulations/us-transportation-regulations/tsa-reports-processing-delays-twic-cards_20150324.html. 4P.L. 111–281, Section 818. 

5P.L. 110–53. 

6 72 Federal Register at 3508, January 25, 2007. 

7 U.S. Congress. Subcommittee on Border and Maritime Security, Committee on Homeland Security of the House of Representatives ‘‘Threat, Risk, and Vulnerability: The Future of the TWIC 

Program.’’ (Date 6/18/13). Retrieved from http://www.gpo.gov/fdsys/pkg/CHRG-113hhrg85688/ 

html/CHRG-113hhrg85688.htm. 

ment, background checks, and the issuance of TWICs, and the 

United States Coast Guard (USCG) develops security regulations 

and ensures industry compliance. As of April 2014, the TSA had 

issued nearly 3 million credentials to transportation workers, including merchant mariners, port employees, and truck drivers, 

with 2 million cards seeing regular use. 

While the TWIC program was initially intended to apply to all 

transportation sectors, there have been significant challenges in 

the maritime sector. As recently as February 2015, the TSA reported TWIC enrollment delays of more than 60 days and recommended that applicants apply for their TWICs at least 10 to 12 

weeks early.3 Those delays and recommendations occurred despite 

a statutory obligation to respond to the applicant within 30 days.4

The Committee also remains concerned by the duplication of vetting between the TWIC program and other Government-issued credentials, as well as the need for some transportation workers to obtain two costly credentials. The Implementing Recommendations of 

the 9/11 Commission Act of 2007 (Public Law 110–53; 121 Stat. 

266), states that ‘‘an individual who has a valid transportation employee identification card issued by the Secretary of the department 

in which the Coast Guard is operating under section 70105 of title 

46, United States Code [i.e., a TWIC], shall be deemed to have met 

the background records check required’’ for licensed drivers with 

hazardous materials endorsements.5 Furthermore, the TSA itself 

determined that the Security Threat Assessment required for 

issuance of a TWIC is the same background check required for licensed drivers with hazardous materials endorsements.6

In addition, the fee for a TWIC, which is valid for 5 years, is $128. Between August 2012 and December 2014, the TSA offered 

an Extended Expiration Date TWIC. Through that initiative, a 

worker holding a valid TWIC could extend a credential for 3 years 

at a cost of $60.7 Workers with current and comparable background 

checks, including truck drivers with a Hazmat Commercial Driver 

License Endorsement (HME) or Merchant Marine Credential, pay 

a reduced fee of $105.25. The cost of the TSA’s hazmat background 

check is $89.25. While the TSA has worked to harmonize the credentials, a truck driver who needs both a TWIC and an HME 

would still be forced to pay $89.25 for an HME background check, 

and $105.25 for a reduced fee TWIC, even though the driver has 

already completed the required security threat assessment. The 

Committee looks forward to receiving an up-to-date third-party 

analysis of the program’s vetting standards and overlap, and potential legislative proposals to address these concerns. 

In addition to concerns with the TWIC application and vetting 

process, the program’s ability to enhance security remains in question. In May 2011, the Government Accountability Office (GAO) 

issued a report entitled, ‘‘Transportation Worker Identification CreVerDate Sep 11 2014 06:11 Apr 29, 2016 Jkt 059010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR244.XXX SR244

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8 U.S. Government Accountability Office, Transportation Worker Identification Credential: Internal Control Weaknesses Need to Be Corrected to Help Achieve Security Objectives, GAO-11- 

657, May 10, 2011. 9This assessment was required by the Consolidated Appropriations Act, 2014 (P.L. 113–76). 

10 U.S. Government Accountability Office, Transportation Worker Identification Credential: 

Card Reader Pilot Results are Unreliable; Security Benefits Need to Be Reassessed, GAO-13- 

198, May 8, 2013. 11 78 Federal Register at 17781, March 22, 2013. 

dential: Internal Control Weaknesses Need to Be Corrected to Help 

Achieve Security Objectives.’’ In that report, the GAO found numerous problems with the TSA’s administration of the TWIC program. Most notably, the GAO investigators were successful in accessing ports using counterfeit TWICs, authentic TWICs acquired 

through fraudulent means, and by offering false business cases.8

The report also found that the Department of Homeland Security 

(DHS) did not have adequate internal controls to assure that only 

qualified individuals were able to acquire TWICs. The GAO suggested actions in that report that the DHS could implement to assess the effectiveness of the TWIC program. Congress also required 

that the TSA and the USCG conduct the GAO-recommended assessment before publication of the card reader rule (see below), but 

all four of the GAO’s recommendations remain open.9

The GAO issued another report on the TWIC reader pilot project 

in April 2013 entitled, ‘‘Transportation Worker Identification Credential: Card Reader Pilot Results are Unreliable; Security Benefits Need to Be Reassessed.’’ While the TSA did complete a pilot 

program on the effectiveness of the TWIC program, the GAO determined that the TSA’s results ‘‘cannot be relied upon to make decisions regarding the TWIC card reader rule or the future deployment of the TWIC program.’’ 10 The GAO conducted its own assessment and found that, due to a number of vulnerabilities, the TWIC 

program would have difficulty in carrying out its mission of enhancing maritime security. The GAO made this conclusion following its assessment of the results of the TSA pilot, a comparison 

of those results to the program’s legislated requirements, and 

through undercover testing of the TWIC program’s ability to provide access control at four maritime ports. The GAO recommended 

that Congress halt the DHS’s efforts to promulgate a final regulation on TWIC card readers until the successful completion of a security assessment of the effectiveness of the TWIC program. 

On March 22, 2013, the DHS issued a notice of proposed rulemaking on card reader requirements for the TWIC program.11 The 

USCG estimates that the rule will be promulgated in 2016. H.R. 

710, the Essential Transportation Worker Identification Credential 

Assessment Act, will not delay the implementation of the reader 

rule, but will prevent further regulatory action until the issuance 

and review of the comprehensive assessment and the corrective action plan. 

The Committee looks forward to an analysis that considers 

whether an alternative credentialing approach, including a more 

decentralized option, could better achieve the TWIC program goals. 

Finally, the Committee looks forward to reviewing a third-party 

analysis of the benefits of the TWIC program, and the costs to government, industry, and workers. 


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SUMMARY OF PROVISIONS

If enacted, H.R. 710, as amended, would do the following: 

∑ Require the Secretary of Homeland Security (Secretary) to 

commission a comprehensive assessment of the TWIC program 

within 60 days of the date of enactment. The assessment would be 

completed by a national laboratory or a university DHS Center of 

Excellence. 

∑ Require the Secretary to submit a corrective action plan to address any concerns identified in the study. 

∑ Require review of the corrective action plan by the DHS Office 

of the Inspector General (OIG). 

∑ Delay further rulemaking on the TWIC program until deficiencies are addressed. 

∑ Require semi-annual reports to Congress for three years on the 

status of the corrective action report recommendations. 

LEGISLATIVE HISTORY

H.R. 710 was introduced in the House of Representatives on February 4, 2015, by Representative Jackson Lee of Texas. The bill 

passed the House by voice vote on February 10, 2015. On May 20, 

2015, the Committee met in open Executive Session and, by a voice 

vote, ordered H.R. 710 to be reported favorably with a manager’s 

amendment offered by Chairman Thune. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

H.R. 710—Essential Transportation Worker Identification Credential Assessment Act 

H.R. 710 would direct the Secretary of Homeland Security to assess the effectiveness of the Transportation Worker Identification 

Credential (TWIC) program. That program was established under 

the Maritime Transportation Security Act (MTSA), which requires 

the Secretary of Homeland Security to provide a biometric security 

credential for personnel who require unescorted access to secure 

areas of MTSA-regulated facilities and vessels and for all mariners 

who hold credentials issued by the U.S. Coast Guard. Based on the 

findings of the proposed assessment, H.R. 710 would direct the Secretary to identify and implement corrective actions necessary to improve the effectiveness of the TWIC program and would require the 

Government Accountability Office (GAO) to report to the Congress 

on the status of those efforts. Finally, H.R. 710 would specify conditions that would pertain to certain rulemakings related to the 

TWIC program. 

Based on information from the Coast Guard and GAO, CBO estimates that implementing H.R. 710 would cost about $1.5 million 

in 2016, assuming appropriation of the necessary amounts. That 

estimate is based on the historical cost of studies and analyses undertaken by those agencies that are similar in scope to those envisioned under the legislation. Enacting H.R. 710 would not affect diVerDate Sep 11 2014 06:11 Apr 29, 2016 Jkt 059010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR244.XXX SR244

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rect spending or revenues; therefore, pay-as-you-go procedures do 

not apply. 

H.R. 710 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by Theresa Gullo, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT

Because H.R. 710 does not create any new programs, the legislation will have no additional regulatory impact, and will result in 

no additional reporting requirements. The legislation will have no 

further effect on the number or types of individuals and businesses 

regulated, the economic impact of such regulation, the personal privacy of affected individuals, or the paperwork required from such 

individuals and businesses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would designate the bill’s short title as the ‘‘Essential Transportation Worker Identification Credential Assessment 

Act.’’ 

Section 2. Comprehensive security assessment 

This section would require a comprehensive assessment of the 

TWIC program be completed by a national laboratory or maritime 

security university-based center within the DHS Centers of Excellence network. 

This section would require a two-phase assessment of the TWIC 

program which will review both the TSA credentialing process and 

the implementation of the TWIC reader rule. The assessment will 

include an evaluation of whether the TWIC program addresses security risks in the maritime environment, whether previous GAO 

deficiencies have been addressed, and a cost benefit analysis of the 

program. 

The bill would further require that the DHS submit a corrective 

action plan to address deficiencies identified in the comprehensive 

assessment. The DHS OIG is directed to review the corrective action plan to ensure it addresses the concerns raised by the assessment and previous GAO recommendations. 

This section also would delay the issuance of any additional final 

rules relating to the TWIC reader program until the DHS OIG certifies that the report is responsive to the GAO’s concerns and that 

a new list of approved TWIC readers is issued. 

This section also would require semi-annual reports to Congress 

on the implementation of the corrective action plan. 


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Section 3. No additional funds authorized 

This section would provide that no additional funds are authorized to be appropriated for the study, and the study should be 

funded through existing DHS appropriations for research. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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