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115th Congress } { Rept. 115-790
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL ACCOUNTABILITY ACT OF
2018
_______
June 27, 2018.--Ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5729]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5729) to restrict the department in which the
Coast Guard is operating from implementing any rule requiring
the use of biometric readers for biometric transportation
security cards until after submission to Congress of the
results of an assessment of the effectiveness of the
transportation security card program, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
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............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Worker Identification
Credential Accountability Act of 2018''.
SEC. 2. RESTRICTION ON IMPLEMENTATION OF TRANSPORTATION WORKER
IDENTIFICATION CREDENTIAL BIOMETRIC READER RULE.
The department in which the Coast Guard is operating may not
implement the rule entitled ``Transportation Worker Identification
Credential (TWIC)-Reader Requirements'' (81 Fed. Reg. 57651), and may
not propose or issue a notice of proposed rulemaking for any revision
to such rule except to extend its effective date, or for any other rule
requiring the use of biometric readers for biometric transportation
security cards under section 70105(k)(3) of title 46, United States
Code, before the end of the 60-day period beginning on the date of the
submission under paragraph (5) of section 1(b) of Public Law 114-278
(130 Stat. 1411 to 1412) of the results of the assessment required by
that section.
SEC. 3. PROGRESS UPDATES.
Not later than 30 days after the date of the enactment of this Act,
and every 90 days thereafter until the submission under paragraph (5)
of section 1(b) of Public Law 114-278 (130 Stat. 1411 et seq.) of the
results of the assessment required by that section, the Secretary of
Homeland Security shall report to the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding the implementation of that
section.
PURPOSE AND SUMMARY
This legislation prevents the Department of Homeland
Security from implementing any rule requiring the use of
biometric readers for biometric transportation security cards
until the Secretary of the Department of Homeland Security
publishes and submits to Congress an assessment of the
effectiveness of the Transportation Worker Identification
Credential (TWIC) program. The bill also prohibits the proposal
of any new rule before the end of 60-day period beginning on
the date of submission of the assessment to Congress.
BACKGROUND AND NEED FOR LEGISLATION
After the attacks of 9/11, ports across the Nation
increased security procedures to prevent vulnerabilities in our
Nation's maritime facilities and deny access to criminals. As a
result, the Maritime Transportation Security Act of 2002 (Pub.
L. 107-295) established the Transportation Worker
Identification Credential (TWIC) program, requiring a
background check and issuant of credentials to workers who
access secure areas of the Nation's maritime facilities and
vessels. The Transportation Security Administration (TSA)
conducts these background checks and issues the credentials for
eligible workers; however, high costs of credentialing, lapses
in background checks, and poor management hinder the program's
security effectiveness.
In 2011 and 2013, two separate Government Accountability
Office (GAO) reports indicated the TWIC program lacks
reliability and recommended reassessing the security benefits
of the program. In addition, the Department of Homeland
Security (DHS) Office of Inspector General (OIG) released a
report in 2016 revealing TWIC background checks lack fraud
detection capabilities and proper internal controls. The House
Committee on Homeland Security responded in 2016 and passed
Public Law 114-278, requiring the Department of Homeland
Security to complete a comprehensive study on the effectiveness
of the TWIC program. However, Congress did not legislate on the
requirement for biometric readers.
In 2016, the U.S. Coast Guard (USCG) issued a Federal rule
(81 FR 57651) requiring biometric TWIC card readers to be used
at high risk maritime facilities by August 23, 2018, as an
access control measure. However, this rule did not specify
which facilities would require biometric card readers. As a
result, industry stakeholders did not initiate the necessary
investments in biometric readers, and manufacturers refrained
from producing the readers.
This bill legislates that the Federal Rule (81 FR 57651)
not be implemented and no further rulemaking on the TWIC
program be conducted until after a security effectiveness study
of the program is complete and can be used to inform future
rulemaking. Given the problems with the TWIC program
highlighted by the GAO and the DHS OIG, industry stakeholders
should not be required to invest in further implementing the
program until the security value and future of the program can
be properly determined. As amended, the bill also requires the
Secretary of Homeland Security to provide periodic updates to
Congress on the completion of the TWIC program effectiveness
study required by Public Law 114-278. Despite a requirement to
commission a study within 60 of enactment of the law, DHS did
not commission the study until 14 months after enactment and
has not provided sufficient information to Congress to explain
the delay.
HEARINGS
On October 30, 2017, the Committee held a field hearing in
San Pedro, California, entitled ``Examining Physical Security
and Cybersecurity at Our Nation's Ports.'' The Committee
received testimony from RADM Todd A. Sokalzuk, Commander,
Eleventh Coast Guard District, U.S. Coast Guard, U.S.
Department of Homeland Security; Mr. Carlos C. Martel, Director
of Field Operations, Los Angeles Field Office, U.S. Customs and
Border Protection, U.S. Department of Homeland Security; Mr.
Eugene D. Seroka, Executive Director, The Port of Los Angeles;
Mr. Mario Cordero, Executive Director, The Port of Long Beach;
and Mr. Ray Familathe, International Vice-President,
International Longshore and Warehouse Union.
On November 8, 2017, the Full Committee held a hearing
entitled ``Preventing the Next Attack: TSA's Role in Keeping
Our Transportation Systems Secure.'' The Committee received
testimony from Hon. David P. Pekoske, Administrator,
Transportation Security Administration, U.S. Department of
Homeland Security.
COMMITTEE CONSIDERATION
The Committee met on June 6, 2018, to consider H.R. 5729,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendment was offered:
An amendment offered by Ms. Jackson Lee (#1); was AGREED TO
by unanimous consent.
Add at the end a new section entitled ``Sec. ___. Progress
Updates.''
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. 5729.
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.
5729, the Transportation Worker Identification Credential
Accountability Act of 2018, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 5729 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
LIST the metrics used to provide results etc.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 5729 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
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
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 5729 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 5729 would require no
directed rule makings.
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. Short title
This section provides that this bill may be cited as the
``Transportation Worker Identification Credential
Accountability Act of 2018''.
Sec. 2. Restriction on implementation of Transportation Worker
Identification Credential biometric reader rule
This section restricts the U.S. Coast Guard from
implementing the rule entitled ``Transportation Worker
Identification Credential (TWIC)_Reader Requirements'', and
prevents the Coast Guard from proposing a notice of new
rulemaking that would require the use of biometric readers for
biometric transportation. These restrictions extend 60 days
beyond the submission sent to Congress of an assessment of the
biometric transportation security card program.
Sec. 3. Progress updates
This section requires the Secretary of the Department of
Homeland Security to submit a report regarding the
implementation and results of section 1(b) of Public Law 114-
278 (130 Stat. 1411 et seq.) to the Committee on Homeland
Security and Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. This update shall be
submitted not later than 30 days after the enactment of this
Act, and every 90 days thereafter.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 5729 makes no changes to existing law.
[all]
