[Congressional Record Volume 161, Number 22 (Tuesday, February 10, 2015)]
[House]
[Pages H899-H903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ESSENTIAL TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL ASSESSMENT 
                                  ACT

  Mr. CARTER of Georgia. Mr. Speaker, I move to suspend the rules and 
pass 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 710

       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 ``Essential Transportation 
     Worker Identification Credential Assessment Act''.

     SEC. 2. COMPREHENSIVE SECURITY ASSESSMENT OF THE 
                   TRANSPORTATION SECURITY CARD PROGRAM.

       (a) In General.--Not later than one year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and the 
     Committee on Transportation and

[[Page H900]]

     Infrastructure of the House of Representatives, the Committee 
     on Commerce, Science, and Transportation of the Senate, and 
     the Comptroller General of the United States a comprehensive 
     assessment of the effectiveness of the transportation 
     security card program under section 70105 of title 46, United 
     States Code, at enhancing security and reducing security 
     risks for facilities and vessels regulated pursuant to 
     section 102 of Public Law 107-295. Such assessment shall be 
     conducted by a national laboratory that, to the extent 
     practicable, is within the Department of Homeland Security 
     laboratory network with expertise in maritime security or by 
     a maritime security university-based center within the 
     Department of Homeland Security centers of excellence 
     network.
       (b) Contents.--The comprehensive assessment shall include--
       (1) an evaluation of the extent to which the program, as 
     implemented, addresses known or likely security risks in the 
     maritime environment;
       (2) an evaluation of the extent to which deficiencies 
     identified by the Comptroller General have been addressed; 
     and
       (3) a cost-benefit analysis of the program, as implemented.
       (c) Corrective Action Plan; Program Reforms.--Not later 
     than 60 days after the Secretary submits the assessment under 
     subsection (a), the Secretary shall submit a corrective 
     action plan 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 that responds to the 
     assessment under subsection (b). The corrective action plan 
     shall include an implementation plan with benchmarks, may 
     include programmatic reforms, revisions to regulations, or 
     proposals for legislation, and shall be considered in any 
     rule making by the Department relating to the transportation 
     security card program.
       (d) Comptroller General Review.--Not later than 120 days 
     after the Secretary issues the corrective action plan under 
     subsection (c), the Comptroller General shall--
       (1) review the extent to which such plan implements--
       (A) recommendations issued by the national laboratory or 
     maritime security university-based center, as applicable, in 
     the assessment submitted under subsection (a); and
       (B) recommendations issued by the Comptroller General 
     before the enactment of this Act; and
       (2) inform 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 as to the responsiveness of 
     such plan to such recommendations.
       (e) Transportation Security Card Reader Rule.--
       (1) In general.--The Secretary of Homeland Security may not 
     issue a final rule requiring the use of transportation 
     security card readers until--
       (A) the Comptroller General informs the Committees on 
     Homeland Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives and Commerce, 
     Science and Transportation of the Senate that the submission 
     under subsection (a) is responsive to the recommendations of 
     the Comptroller General; and
       (B) the Secretary issues an updated list of transportation 
     security card readers that are compatible with active 
     transportation security cards.
       (2) Limitation on application.--Paragraph (1) shall not 
     apply with respect to any final rule issued pursuant to the 
     notice of proposed rulemaking on Transportation Worker 
     Identification Credential (TWIC)-Reader Requirements 
     published by the Coast Guard on March 22, 2013 (78 Fed. Reg. 
     17781)
       (f) Comptroller General Oversight.--Not less than 18 months 
     after the date of the issuance of the corrective action plan 
     under subsection (c), and every six months thereafter during 
     the 3-year period following the date of the issuance of the 
     first report under this subsection, the Comptroller General 
     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 implementation of 
     the corrective action plan.

     SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to be appropriated to 
     carry out this Act and the amendments made by this Act, and 
     this Act and such amendments shall be carried out using 
     amounts otherwise available for such purpose.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Carter) and the gentlewoman from Texas (Ms. Jackson Lee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. CARTER of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include any extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. CARTER of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in strong support of H.R. 710, the Essential 
Transportation Worker Identification Credential Assessment Act.
  First, I would like to thank the gentlelady from Texas (Ms. Jackson 
Lee) for reintroducing this thoughtful legislation and the gentlewoman 
from Michigan (Mrs. Miller) for her leadership in moving it through her 
subcommittee last Congress.
  Mr. Speaker, this legislation calls for a security assessment to 
determine the efficacy of the Transportation Worker Identification 
Credential, commonly known as the TWIC program. This bill will help 
Congress better determine the value of the TWIC program and 
simultaneously allow the Department to proceed with finalizing the 
long-awaited card reader rule.
  I support this bill under consideration on the floor today because it 
responds to a key recommendation of the Government Accountability 
Office that the TWIC program should have a baseline security assessment 
before the program moves forward.
  I have several thriving ports in my district, such as Savannah, 
Brunswick, and Kings Bay. As many of my colleagues who also have ports 
in their districts know, TWIC is a port security program that has been 
wrought with constant delays and questions about its overall security 
value.
  Last Congress, the Border and Maritime Subcommittee held a hearing 
with the Coast Guard, TSA, and GAO on the TWIC program and the ongoing 
concerns therein, and this legislation is a result of that strong 
oversight.
  It may be hard to believe, but more than a decade after the 
legislation that required TWIC was first enacted, there has been no 
security or effectiveness assessment of the program to assess the 
underlying assumptions of the security and access control concerns the 
card was intended to mitigate.
  This bill seeks to answer the simple question: How, if at all, does 
TWIC improve maritime security? This should have been one of the very 
first things the Department did when it began to implement this 
program, and this bill ensures it is done.
  The TWIC card was initially designed to prevent terrorists from 
gaining access to sensitive parts of our Nation's ports through the use 
of biometric-enabled credentials. However, with no biometric reader 
regulations in place, the TWIC card is currently used as a flash pass 
since most facilities and vessels are neither currently required to nor 
voluntarily utilize biometric readers. The lack of biometric readers, 
therefore, limits the effectiveness of this program.
  For several years, members of the Homeland Security Committee have 
been calling on the Department to release the card reader rule to 
provide some certainty to workers and industry.

                              {time}  1915

  The final rule to require TWIC readers to be used at the riskiest 5 
percent of all TWIC-regulated vessels and facilities has not been 
issued. The notice of proposed rulemaking was posted almost 2 years ago 
which was nearly 6 years after workers were first required to pay for 
and obtain a TWIC card.
  The delays are so significant that workers have already had to renew 
their biometric credentials in the time it has taken to issue 
regulations on credential readers to actually utilize the biometric-
enabled technology. This is absurd.
  While we all agree there is much room for improvement with the TWIC 
program, putting it on hold for several more years would do more harm 
than good. The business community has been preparing for this TWIC rule 
for several years.
  This bill would give them certainty about the requirements of the 
TWIC program. It also allows the Coast Guard and TSA to continue their 
efforts to deliver the port security program Congress expected years 
ago.
  Finally, Mr. Speaker, H.R. 710 requires the GAO to perform consistent 
reviews of the TWIC program and to follow the changes the Department 
makes as a result of the required assessment. This added level of 
review

[[Page H901]]

will provide Congress with progress updates for future legislative 
action.
  The proposed rule and open GAO recommendations lead to some very 
basic questions about mitigating threat, risk, and vulnerability at our 
Nation's ports and how the TWIC program should be used effectively to 
prevent a potential terrorist attack.
  We have an obligation, Mr. Speaker, to get this right. I urge my 
colleagues to support H.R. 710, and I reserve the balance of my time.

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                 Washington, DC, February 5, 2015.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security, Washington, DC.
       Dear Chairman McCaul: I write concerning H.R. 710, the 
     Essential Transportation Worker Identification Credential 
     Assessment Act. This legislation includes matters that fall 
     within the Rule X jurisdiction of the Committee on 
     Transportation and Infrastructure.
       In order to expedite floor consideration of H.R. 710, the 
     Committee on Transportation and Infrastructure will forgo 
     action on this bill. However, this is conditional on our 
     mutual understanding that forgoing consideration of the bill 
     does not prejudice the Committee with respect to the 
     appointment of conferees or to any future jurisdictional 
     claim over the subject matters contained in the bill or 
     similar legislation that fall within the Committee's Rule X 
     jurisdiction. I request you urge the Speaker to name members 
     of the Committee to any conference committee named to 
     consider such provisions.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interest into the 
     Congressional Record during consideration of the measure on 
     the House floor.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

         House of Representatives, Committee on Homeland Security,
                                 Washington, DC, February 5, 2015.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your letter regarding 
     H.R. 710, the ``Essential Transportation Worker 
     Identification Credential Assessment Act.'' I appreciate your 
     support in bringing this legislation before the House of 
     Representatives, and accordingly, understand that the 
     Committee on Transportation and Infrastructure will forego 
     action on the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration of this bill at 
     this time, the Committee on Transportation and Infrastructure 
     does not waive any jurisdiction over the subject matter 
     contained in this bill or similar legislation in the future. 
     In addition, should a conference on this bill be necessary, I 
     would support your request to have the Committee on 
     Transportation and Infrastructure represented on the 
     conference committee.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                         Chairman, Committee on Homeland Security.

  Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 710, 
the Essential Transportation Worker Identification Credential 
Assessment Act, and I yield myself such time as I may consume.
  Mr. Speaker, I want to thank my good friend from Georgia for his 
concern and for his commitment and thank him for his service on the 
Homeland Security Committee. I also want to acknowledge our chairman 
and our ranking member of the full committee and Mrs. Miller who now 
serves as the chairwoman of the Border and Maritime Security, on which 
I served as the ranking member in the last Congress.
  The bill passed the House unanimously in the 113th Congress, and I am 
pleased it is being considered by the House again today. Mr. Speaker, 
might I add my appreciation to the House leadership, in particular the 
Speaker; majority leader; and, of course, our leader and minority whip.
  The SAFE Port Act of 2006 directed the Secretary of Homeland Security 
to implement a biometric credential program, now known as the TWIC 
program, to ensure that individuals with unescorted access to secure 
areas of ports and vessels were vetted and carrying proper credentials.
  Mr. Speaker, I had a TWIC card. I remember being there as the TWIC 
card was being implemented and watching various workers come to a 
central point and sign up for the TWIC card. We had great hope and 
inspiration on that TWIC card.
  Establishment of this program was viewed as critical to ensuring 
protection of our ports from a so-called insider security threat; 
however, in the years since it was established, the Department of 
Homeland Security struggled to realize the security benefits that 
Congress envisioned.
  I know that the former director of the Transportation Security 
Administration, Mr. Pistole, was very concerned. It should be noted 
their efforts are an important part of their work, along with others.
  In fact, the Government Accountability Office has examined the 
program and identified serious shortcomings that may undermine the 
program's intended purpose and make it difficult to justify the 
program's costs and particularly the costs to workers. I saw that 
firsthand. I also saw the challenges of workers who had many unique 
scheduling for their work hours to be able to get a TWIC card.
  In response, I introduced H.R. 710 and its predecessor last Congress 
with the support of Subcommittee Chairman Miller as an original 
cosponsor to ensure that Congress receives an independent, scientific 
assessment of the program and to require the Secretary to issue a 
corrective action plan in response to the assessment.
  Ranking Member Thompson is also a cosponsor, but this is bipartisan 
legislation. The required assessment should give Congress the 
information it needs to determine how best to proceed with the TWIC 
program.
  The bill has been refined over time to ensure that the long overdue 
rulemaking for TWIC card readers would not be affected by the bill and 
to refine the scope of the assessment we are seeking.
  There is great interest in that final rule; particularly, there is 
interest in how many ports and vessels will be required to install 
readers for biometric cards. If the final rule requires only a limited 
number of vessels and ports to have biometric readers, as has been 
previously proposed by the Department, we will still--we will still--
certainly need to have a discussion about what this means for the 
approximately 2 million truckers, longshoremen, and port workers who 
today carry TWICs as part of their jobs.
  For those of us who live around and near our ports, such as the 
Houston port, we know that this will have a great impact.
  In closing, I again thank my friend for his concern and presence here 
on the floor today and in support of this legislation.
  Mr. Speaker, I just want to make the point that this bill was 
generated by the GAO report which found a number of concerns, and I 
just want to mention one or two. The reliability of data collection 
retention was done in an incomplete and inconsistent manner, this 
report wanted to inform us of--this was a GAO TWIC report--and it 
commented on some of the illnesses or ailments of this process.
  It reported that transaction data did not match underlying 
documentation, installed TWIC readers and access control systems could 
not collect required data on TWIC reader use, and TSA and the 
independent test agent did not employ effective compensating data 
collection measures.
  Also, pilot participants did not document instances of denied access. 
Finally, TSA and the independent test agent did not collect complete 
data on malfunctioning TWIC cards.
  This legislation, the underlying legislation, H.R. 710, is to be a 
helper. It is to help correct our path to make the document, the TWIC 
card that all of us are quite familiar with, the best effective data-
collecting document and system that it can possibly be.
  I am very grateful that, again, my colleagues on the Homeland 
Security Committee have supported this legislation, and I ask my 
colleagues to join us in making what is good much better and best to be 
able to secure the Nation and provide for the homeland.
  Mr. Speaker, I rise in strong support of my bill, H.R. 710, the 
``Essential Transportation Worker Identification Credential Assessment 
Act.''
  This bill passed the House unanimously in the 113th Congress and I am 
pleased it is being considered by the House again today.
  The SAFE Port Act of 2006 directed the Secretary of Homeland Security 
to implement a biometric credential program, now known as the TWIC 
program, to ensure that individuals with unescorted access to secure 
areas of

[[Page H902]]

ports and vessels were vetted and carrying proper credentials.
  Establishment of this program was viewed as critical to ensuring the 
protection of our ports from a so-called ``insider security threat.''
  However, in the years since it was established, the Department of 
Homeland Security struggled to realize the security benefits that 
Congress envisioned.
  In fact, the Government Accountability Office has examined the 
program and identified serious shortcomings that may undermine the 
program's intended purpose and make it difficult to justify program 
costs, and particularly the costs to workers.
  In response, I introduced H.R. 710 and its predecessor last Congress, 
with the support of Subcommittee Chairman Miller as an original 
cosponsor, to ensure that Congress receives an independent scientific 
assessment of the program and to require the Secretary to issue a 
corrective action plan in response to the assessment.
  The required assessment should give Congress the information it needs 
to determine how best to proceed with the TWIC program.
  The bill has been refined over time to ensure that the long-overdue 
rulemaking for TWIC card readers would not be affected by the bill and 
to refine the scope of the assessment we are seeking.
  There is great interest in that final rule, particularly there is 
interest in how many ports and vessels will be required to install 
readers for biometric cards.
  If the final rule requires only a limited number of vessels and ports 
to have biometric readers, as has been previously proposed by the 
Department, we will certainly need to have a discussion about what this 
means for the approximately 2 million truckers, longshoremen and port 
workers who today carry TWICs as part of their jobs.
  In closing, I want to express my appreciation to Chairman Miller for 
the bipartisan nature of the work on this bill and express my 
appreciation to her staff for their cooperation.
  I am proud to represent a portion of the Port of Houston and know 
firsthand the importance of this issue to the maritime workers, 
truckers, and others who access our Nation's ports every day. It is 
imperative that we get this right on their behalf.
  Mr. Speaker, I urge passage of H.R. 710, a bipartisan bill that is 
essential to ensuring that the Department of Homeland Security has an 
effective program in place to help secure our ports.
  Identical legislation that I authored was approved unanimously last 
Congress. Today, with this legislation, we have the opportunity to send 
another strong message to the Department.
  Mr. Speaker, as a senior member of the Homeland Security Committee, 
the Ranking Member of the Border and Maritime Security Subcommittee, 
and the author of the legislation, I rise in strong and enthusiastic 
support of H.R. 710, the ``Essential Transportation Worker 
Identification Credential Assessment Act.''
  H.R. 710 is identical in all substantive respects to H.R. 3202, which 
passed the House during the 113th Congress on July 28, 2014.
  The Essential Transportation Worker Identification Credential 
Assessment Act directs the Secretary of Homeland Security (DHS) to 
submit to Congress and the Comptroller General (GAO) a comprehensive 
assessment of the effectiveness of the transportation security card 
program at enhancing security or reducing security risks for maritime 
facilities and vessels.
  I reintroduced H.R. 710, in response to this GAO TWIC Report on the 
Weaknesses in the Transportation Worker Identification Credential 
(TWIC) Reader Pilot program that impacted the accuracy, and reliability 
of the system.
  The GAO report stated that data collection and retention was done in 
an incomplete and inconsistent manner during the pilot, further 
undermining the completeness, accuracy, and reliability of the data 
collected at pilot sites.
  Problems identified included by the GAO report included:
  1. Installed TWIC readers and access control systems could not 
collect required data on TWIC reader use, and TSA and the independent 
test agent did not employ effective compensating data collection 
measures.
  2. Reported transaction data did not match underlying documentation.
  3. Pilot documentation did not contain complete TWIC reader and 
access control system characteristics.
  4. Transportation Security Administration (TSA) and the independent 
test agent did not record clear baseline data for comparing operational 
performance at access points with TWIC readers.
  5. TSA and the independent test agent did not collect complete data 
on malfunctioning TWIC cards.
  6. Pilot participants did not document instances of denied access.
  7. TSA and the independent test agent did not collect consistent data 
on the operational impact of using TWIC cards with readers.
  8. Pilot site reports did not contain complete information about 
installed TWIC readers' and access control systems' design.
  H.R. 710 addresses the problems outlined in the GAO report by 
directing the Secretary to issue a corrective action plan based on the 
assessment that responds to the findings of a cost-benefit analysis of 
the program and enhances security or reduces security risk for such 
facilities and vessels.
  Following the assessment the Comptroller General, within 120 days 
must review the extent to which the submissions implement certain 
recommendations issued by the Comptroller General, and inform Congress 
as to the responsiveness of the submission.
  The bill also prohibits the Secretary from issuing a final rule 
requiring the use of transportation security card readers until the 
Comptroller General informs Congress that the submission is 
substantially responsive to the GAO recommendations, and the Secretary 
issues an updated list of transportation security card readers that are 
compatible with active transportation security cards.
  Mr. Speaker, my congressional district is located in Houston, Texas, 
which is home to the Port of Houston, one of the world's busiest ports, 
and one of its most critical infrastructure projects.
  According to the Department of Commerce in 2012, Texas exports 
totaled $265 billion.
  The Port of Houston is a 25-mile-long complex of diversified public 
and private facilities located just a few hours' sailing time from the 
Gulf of Mexico.
  In 2012, ship channel-related businesses contribute 1,026,820 jobs 
and generate more than $178.5 billion in statewide economic impact.
  For the past 11 consecutive years, Texas has outpaced the rest of the 
nation's ports in exports and ranked: 1. 1st in foreign tonnage; 2. 2nd 
in total tonnage; and 3. 7th in container ports by total TEUs in 2012.
  The Port of Houston is the largest Texas port with 46% of market 
share by tonnage and the largest Texas container port with 96% market 
share in containers by total TEUs in 2012.
  It is the largest Gulf Coast container port, handling 67% of Gulf 
Coast container traffic in 2012 and ranked 2nd in terms of cargo value 
(based on CBP Customs port definitions).
  The Government Accountability Office (GAO), reports that the Port of 
Houston, its waterways, and vessels are part of an economic engine 
handling more than $700 billion in merchandise annually.
  The Port of Houston houses approximately 100 steamship lines offering 
services that link Houston with 1,053 ports in 203 countries.
  The Port of Houston hosts a $15 billion petrochemical complex, the 
largest in the nation and second largest worldwide.
  The Port of Houston petrochemical complex supplies over 40 percent of 
the nation's base petrochemical manufacturing capacity.
  What happens at the Port of Houston affects the entire nation.
  When Congress enacted the SAFE Ports Act in 2006, we directed the 
Secretary of Homeland Security to implement a biometric credential 
program to ensure that individuals with unescorted access to sensitive 
areas in ports and vessels were vetted and known.
  However, under the Homeland Security Committee's oversight 
responsibilities we learned that, as implemented by TSA and the Coast 
Guard, there are weaknesses in the program.
  For this reason, I introduced H.R. 710, with the support of Mr. 
Thompson, the Homeland Security Committee Ranking Member, and Mrs. 
Miller, Chair of the Border and Maritime Security Subcommittee as 
original cosponsors, to ensure that Congress receives an independent 
scientific assessment of the program and to require the Secretary to 
issue a corrective action plan in response to the assessment.
  The required assessment should give Congress the information it needs 
to determine how best to proceed with the program.
  I want to point out that in the last Congress when this bill was 
marked up in Committee, language was integrated to ensure that 
clarified that pending rulemaking would not be impacted by the bill and 
refined the scope of the assessment we are seeking.
  H.R. 710 retains this language.
  The Department has said that the final rule for biometric readers 
will be published in January 2015.
  There is great interest in the Department's final rule for biometric 
readers, particularly as it relates to the number of ports and vessels 
that will be required to install readers for biometric cards.
  If the final rule requires only a limited number of vessels and ports 
to have biometric readers, as has been previously proposed by the 
Department, we will certainly need to have a discussion about what this 
means for the approximately 2 million truckers, longshoremen and port 
workers who today are required to carry biometric cards to do their 
jobs.
  I want to express my appreciation to Chairman Miller for the 
bipartisan nature of the

[[Page H903]]

work on this and all the bills that originate in her Subcommittee and 
thank her and the Committee staff for their cooperation and assistance 
in shepherding this vital legislation to the floor.
  I ask my colleagues on both sides of the aisle to strongly support 
this bipartisan bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CARTER of Georgia. Mr. Speaker, first of all, I want to thank the 
gentlewoman from Texas for her leadership in this very important issue.
  Once again, I want to urge all of my colleagues to support this 
strong, bipartisan piece of legislation, and I yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Carter) that the House suspend the rules 
and pass the bill, H.R. 710.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________