[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[House]
[Pages H4015-H4017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION WORKER IDENTIFICATION PROCESS REFORM ACT
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to suspend
the rules and pass 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3173
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) United States workers employed at nearly 2,600 marine
facilities and onboard nearly 13,000
[[Page H4016]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Daniel E. Lungren) and the gentleman from Mississippi
(Mr. Thompson) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask unanimous
consent that all Members may have 5 legislative days in which to revise
and extend their remarks and include extraneous material on the bill
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, H.R. 3173 requires the Secretary of Homeland Security to
reform the process for issuing the Transportation Worker Identification
Credential, known as TWIC, to require not more than one in-person visit
to an enrollment center except in cases with extenuating circumstances.
The need for more than one trip to an enrollment center is not mandated
by statute or regulation, but currently by DHS policy. Given that other
very important security documents are mailed to people, including the
U.S. passport, there is no doubt that the Federal Government can
develop secure procedures for delivering TWIC documents to workers.
DHS has the statutory authority and regulatory flexibility to develop
an alternative process for TWIC enrollment to ease the burden on
transportation workers. The Secretary of Homeland Security should
reform the TWIC process before the end of 2012 when the first TWICs
issued in 2007 will need to be renewed and allow applicants to complete
the process in only one in-person visit.
I would like to thank Congressman Steve Scalise for the commonsense
bill and urge my colleagues to support it.
I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of
H.R. 3173, and I yield myself such time as I may consume.
Mr. Speaker, this measure directs the Department of Homeland Security
to reform the process for the enrollment, activation, issuance, and
renewal of a Transportation Worker Identification Credential, or TWIC,
to require not more than one in-person visit to an enrollment center to
obtain a credential. I am proud to be an original cosponsor of this
bill.
Since the inception of the TWIC program in 2007, mariners and other
transportation workers have had to make at least two trips to a TWIC
enrollment center to enroll and activate their cards. In contrast,
other federally issued secure identity documents, such as passports and
merchant mariner credentials, are mailed to the applicants. It is
unreasonable to continue to require workers to take off from work to
make a second trip to the nearest TWIC enrollment center, which in some
cases is hundreds of miles away, to obtain their credential. The bill
before us today would simply treat TWICs like those other federally
issued identity documents.
In response to this legislation and concern expressed by worker
representatives and Members of Congress, including me, the Obama
administration recently announced a new option for port and
transportation security workers who, starting this fall, will need to
renew their expiring TWIC cards. Under this new option, TWIC holders
may renew their cards for 3 years at a reduced rate of $60 and go to
the enrollment center just once.
I'm pleased that the administration heard us on this issue because
these changes should help lessen the burden of our Nation's 2.1 million
port and transportation security workers, as DHS moves toward issuance
of a final rule for biometric readers for the TWICs.
Despite these improvements, H.R. 3173 is still very necessary, as the
recently announced option only applies to renewals, not first-time
applicants, and there are no guarantees that it will remain in effect
for the duration of the program.
Passage of H.R. 3173 will be an important step forward in reforming a
cumbersome bureaucratic process and providing relief for the more than
2 million transportation workers.
I urge my colleagues to give H.R. 3173 their support, and I reserve
the balance of my time.
{time} 1720
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, it's my pleasure to
yield such time as he may consume to the distinguished gentleman from
Louisiana (Mr. Scalise), the author of the bill.
Mr. SCALISE. I want to thank the gentleman from California for
yielding. I also want to thank Chairman King of New York, as well as
Ranking Member Thompson of Mississippi, for cosponsoring this
commonsense legislation.
What we're trying to do is reform a process that was started back in
2006 that really has created a lot of complications for our
transportation workers. What we're talking about is 2 million Americans
not only across the country, but some who work around
[[Page H4017]]
the globe that are required by Federal law to have these Transportation
Worker Identification Credentials not only to perform their jobs, but
even to get promoted.
So as these cards come up, whether you're applying for them for the
first time or trying to get them renewed, you have to not only make
one, but two in-person visits. When we talk about these visits, in many
cases people have to take a day off of work for the first, and then
another day off of work for the second visit because this is a card
that they're required to have if they're going to be able to work in
the transportation industry.
The rule that was put in place by TSA really is unworkable and
doesn't really make sense, especially as we're talking about safety. It
has nothing to do with safety. It's just a rule that they came up with
that we recognize, number one, it's not in law, but it's something that
we recognize, especially as we talk to our constituents who work in the
transportation industry throughout the country, that this is creating
tremendous burdens on our employees who have to actually miss work and
miss pay that goes along with it.
So we're talking about something that affects people's jobs and their
careers and, in fact, in some cases has limited their ability to get
promotions.
I want to read parts of a letter that I received from Andrew Drury,
who is an assistant cargo mate aboard the USS Mount Whitney. He's in
the Merchant Marines, and this has been a problem to him. He wrote in
to our office as he heard we were addressing this issue.
He's a graduate of the Citadel and is employed by Military Sealift
Command, a company that is tasked with supplying the U.S. Navy with
anything from bombs, bullets, fuel and provisions to our Armed Forces.
He works throughout Europe and Africa. He writes to say: ``Due to my
long tours of duty overseas,''--his TWIC card has since expired, and--
``I am not allowed to advance in rank or position without the current
TWIC credential.''
He goes on to write: this means that anybody who currently works
overseas has to take time off from work and fly back to the States
twice. This is very expensive, time consuming, stressful, and ``because
I live on a ship that constantly moves around is logistically
impossible. Sir, I am writing you in hope that there is something you
could do for my fellow Merchant Mariners and me in this precarious
situation.
So as we see that 2 million of our workers across the globe are
facing this problem, this is a commonsense reform that actually puts
some new reforms in place and puts some new rules in place that says
you still make that first trip; but just like a passport, you shouldn't
have to be required to take time off from work to go back a second
time.
Again, I appreciate over 40 cosponsors in a bipartisan way that have
signed onto this. I would urge approval of this legislation.
Mr. THOMPSON of Mississippi. I yield myself such time as I may
consume.
Mr. Speaker, with more than 40 bipartisan cosponsors, passage of this
measure will make a strong statement of support for reform of the TWIC
issuance process and American workers. I compliment the gentleman from
Louisiana for introducing this legislation.
I encourage passage of H.R. 3173, and I yield back the balance of my
time.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, nearly 2 million transportation workers have applied for
and received a TWIC. The goal of this bill is to limit the red tape
involved in the TWIC process so we can focus on the work of this Nation
while being as secure as possible.
The Secretary needs to reform the Transportation Workers
Identification Credential enrollment and renewable process so that our
workers are not burdened with increased and unnecessary bureaucracy.
As with the previously considered bill, this is an attempt by those
of us in the Congress to try and get rid of some unnecessary red tape.
It in no way undercuts the security of our Nation. As a matter of fact,
it improves it because it gets rid of a burden on people that is
totally without merit.
So I ask my colleagues to support its passage, and I yield back the
balance of my time.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 3173, ``to reform the process for enrollment, activation,
issuance, and renewal of a Transportation Worker Identification
Credential (TWIC) to require not more than one in-person visit to a
designated enrollment center.'' This legislation removes economic
tensions placed on workers due to unnecessary commutes to an enrollment
center. The TWIC serves as a vital security measure that ensures that
individuals who pose a threat do not gain unescorted access to secure
areas of the nation's maritime transportation system. Without a doubt,
it is a necessary precaution for the protection of the America's
assets. However, the current system for the acquirement of a TWIC is
inefficient, superfluous, and costly for American transportations
workers.
In addition to the $129.75 that transportation employees must pay
every 5 years to obtain the TWIC, they must also make two or more trips
to an enrollment center to obtain it. In most cases, the nearest
enrollment center is hundreds of miles away from the worker's home.
With national gas prices averaging nearly $4 a gallon, any mode of
transportation chosen by the worker can quickly become pricey.
This bill seeks to eliminate the pointless red-tape in the attainment
of a TWIC, in which millions of Americans are subject to hefty
transportation costs to travel back and forth to the enrollment centers
to obtain their TWIC.
Mr. Speaker, as you are aware, many of our fellow Americans face
tough economic situations. It truly is imperative to remove this excess
and unnecessary burden placed on the American workers.
As a Member of the Committee of Homeland Security, ensuring the
protection of our interests from domestic threats is one of my top
priorities. Although TWIC does just that, I feel that we must also
endeavor to protect the interest of our own citizens. It simply just is
not an economically viable option to expect our transportation workers
to pay for two or more round trip journeys for the TWIC. To avoid
imposing these unnecessary burdens on United States workers, it is
imperative that Congress enact this legislation.
This bill passed unanimously out of the Homeland Security Committee
with broad bipartisan support. I believe this is because H.R. 3173 is
the text-book example of a win-win situation; there are no foreseen
negative consequences to the enactment of this bill. It will simply
allow our American transportation workers to breathe a little easier.
This reform of the TWIC Application system will make a huge impact on
transportation workers and their families. Because of it, millions of
people will not lose money and precious time with loved ones by making
unnecessary trips to TWIC enrollment centers.
I strongly urge my colleagues to join me in supporting H.R. 3173, The
TWIC Application Reform.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Daniel E. Lungren) that the House
suspend the rules and pass the bill, H.R. 3173, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. THOMPSON of Mississippi. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________