[Congressional Record Volume 154, Number 129 (Thursday, July 31, 2008)]
[Senate]
[Pages S7915-S7916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN (for himself, Ms. Collins, and Mr. Lieberman):
  S. 3377. A bill to amend title 46, United States Code, to waive the 
biometric transportation security card requirement for certain small 
business merchant mariners, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. COLEMAN. Mr. President, Minnesota is the land of over 10,000 
lakes and nearly as many fishing guides. We even have a Fishing Hall of 
Fame in Baxter where many of our legendary guides are enshrined--names 
like Al and Ron Lindner, Babe Winkleman, Gary Roach and many others. In 
fact tonight there is a banquet honoring the Hall. The craft of the 
fishing guide is to understand fish and to share their knowledge and 
the sport with many of us who don't possess their skills.
  When I travel my state I meet with folks from all walks of life who 
have dealings with the federal government and last summer I was in the 
city of Baudette, a small community on the Rainy River on the northern 
border of Minnesota. I had the chance to speak with a fishing guide who 
told me about a new federal regulation with which he had to comply. As 
you can imagine, I was amazed when he told me that he

[[Page S7916]]

was being required to get a Transportation Worker Identification 
Credential--or TWIC--in order to stay in business as a fishing guide. 
Now I understand that folks who do business on the water should be able 
to exhibit seamanship and operate a safe watercraft. But, my guides and 
I are having a hard time understanding why a guy whose briefcase is a 
bucket of minnows and his workday starts when he backs his boat into 
the lake should be required to submit to the same security screening as 
operators and workers in our major ports.
  To address this issue, I am introducing the Small Marine Business and 
Fishing Guide Relief Act. I want to thank Senator Collins and Senator 
Lieberman for joining me as original cosponsors of this legislation. 
Our bill is very straightforward--it will exempt mariners from needing 
a TWIC if they are not required to submit a vessel security plan for 
their boat to the Coast Guard. This group of mariners includes fishing 
guides, charter captains and other small recreational boaters.
  I want to be clear these mariners will still be required to have a 
Coast Guard license. Security should not be jeopardized by eliminating 
the TWIC requirement because the Coast Guard conducts significant 
background checks when mariners apply for a Coast Guard license. These 
background checks review crimes against people, property, public 
safety, the environment and examine whether the applicant has prior 
drug offenses or committed a crime against national security.
  These folks already pay a minimum of $140 for their Coast Guard 
licenses which are good for five years. Given these factors, asking 
these operators to pay over $100 more for another credential--
especially with the recent downturn in the economy and the cost of 
gas--is an unnecessary burden that doesn't make sense.
  Additionally, our legislation calls for a report to examine the 
feasibility of identifying which small boat operators already purchased 
a TWIC but will not need it once this legislation is signed into law. 
Once this is done, refunds or credits could be issued towards license 
renewals for these folks.
  The TWIC program is an important tool to ensure the safety of our 
nation's ports, but common sense tells us that a fishing dock on Lake 
of the Woods or Rainy River is vastly different from the major ports 
around the country that receive thousands of cargo containers per day. 
Simply put, we need to make sure our local fishing guides and other 
small marine operators are not being subjected to excessive government 
regulation and this legislation will provide that relief.
  A similar TWIC exemption passed the House on April 24 as part of the 
Coast Guard Reauthorization Act and I encourage my Senate colleagues to 
pass this legislation as well before we adjourn for the year.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3377

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Marine Business and 
     Fishing Guide Relief Act of 2008''.

     SEC. 2. WAIVER OF BIOMETRIC TRANSPORTATION SECURITY CARD 
                   REQUIREMENT FOR CERTAIN SMALL BUSINESS MERCHANT 
                   MARINERS.

       (a) In General.--Section 70105 (b)(2) of title 46, United 
     States Code, is amended--
       (1) in subparagraph (B), by inserting ``and serving under 
     the authority of such license, certificate of registry, or 
     merchant mariners document on a vessel for which the owner or 
     operator of such vessel is required to submit a vessel 
     security plan under section 70103(c) of this title'' before 
     the semicolon;
       (2) by striking subparagraph (D); and
       (3) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (D), (E), and (F), respectively.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report that contains the 
     following:
       (1) A list of the locations that provide service to 
     individuals seeking to obtain or renew a license, certificate 
     of registry, or merchant mariners document under part E of 
     subtitle II of title 46, United States Code.
       (2) An assessment of the feasibility of accepting 
     applications for licenses, certificates of registry, and 
     merchant mariner documents described in paragraph (1) and any 
     applicant biometrics required therefor at the Transportation 
     Worker Identification Credential enrollment facilities or 
     mobile enrollment centers of the Department of Homeland 
     Security.
       (3) An assessment of the administrative feasibility of 
     verifying that an individual has obtained a biometric 
     transportation security card issued under section 70105 of 
     title 46, United States Code, and is serving under the 
     authority of a license, certificate of registry, or merchant 
     mariners document described in paragraph (1) on a vessel for 
     which the owner or operator of such vessel is not required to 
     submit a vessel security plan under section 70103(e) of such 
     title to provide such individual a refund of any fees paid by 
     such individual to obtain such biometric transportation 
     security card.
       (4) An assessment of the administrative feasibility of 
     verifying that an individual has obtained a biometric 
     transportation security card described in paragraph (3) and 
     is serving under the authority of a license, certificate of 
     registry, or merchant mariners document described in 
     paragraph (1) on a vessel described in paragraph (3) to 
     provide such individual a credit towards the renewal of such 
     license, certificate of registry, or merchant mariners 
     document that is equal to the amount of fees paid by such 
     individual for such biometric transportation security card.

  Ms. COLLINS. Mr. President, I am pleased to be an original cosponsor 
of the Small Marine Business and Fishing Guide Relief Act that Senator 
Coleman is introducing today. This legislation will provide much-needed 
relief to charter boat captains and other operators of small marine 
businesses in Maine by exempting them from having to obtain a 
Transportation Worker Identification Credential, or TWIC, which costs 
$132.50 for each employee.
  Under current law, any individual who holds a Coast Guard license, as 
most charter boat captains do, must also obtain a TWIC. The purpose of 
the requirement was to ensure that port operators and the Coast Guard 
could inspect a tamper-resistant identification document to verify the 
identity of those who have access to secure areas of ports and large 
vessels.
  Charter boat captains, however, do not have secure areas on their 
boats and usually do not need unescorted access to port facilities. 
Therefore, they have no need for a TWIC. For these small businesses, 
requiring them to obtain a TWIC essentially amounts to an unnecessary 
and costly government regulation.
  Many small businesses are struggling in these lean economic times, 
particularly with high marine fuel prices and tourists who have less to 
spend their discretionary income on charter tours in the Gulf of Maine. 
With these businesses' declining profit margins, they cannot afford an 
additional $132 identification card for their employees.
  Even with this exemption, charter captains with a Coast Guard license 
will have undergone an extensive background check for the same crimes 
that are reviewed when an individual applies for a TWIC. So waiving the 
TWIC requirement for them would not reduce the background information 
available for review before these individuals are licensed as charter 
captains.
  To be sure, the Transportation Worker Identification Credential will 
play a critical role in our Nation's maritime security by limiting 
access to secure areas of ports and large vessels. It must ``be 
implemented, however, in a manner that does not unnecessarily and 
unproductively impede legitimate business operations.
                                 ______