[Congressional Record Volume 164, Number 115 (Tuesday, July 10, 2018)]
[House]
[Pages H5996-H5997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL ACCOUNTABILITY ACT OF 
                                  2018

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

                               H.R. 5729

       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 ``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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentlewoman from the District of Columbia (Ms. 
Norton) each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KATKO. 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 H.R. 5729, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, to comply with the Maritime Transportation Security Act 
of 2002 and the Security and Accountability for Every Port Act of 2006, 
the Coast Guard is establishing rules requiring electronic readers for 
use at high-risk vessel facilities.
  The intent of the rule is to ensure that, prior to being granted 
unescorted access to a designated secure area, an individual will have 
his or her Transportation Worker Identification Credential, or TWIC, 
authenticated.
  The Coast Guard issued a proposed rule to this effect in March 2013. 
The proposed rule limited the scope of the TWIC authentication 
requirements at facilities to secure areas that handle certain 
dangerous cargos in bulk through a vessel-to-facility interface. This 
was consistent with existing Coast Guard policy.
  Industry commented on the proposed rule, and the Coast Guard also 
held four public meetings across the country and worked with the 
Transportation Security Administration to conduct a pilot program.
  The Coast Guard issued its final rule in August of 2016, with an 
implementation date of August 23, 2018. The service noted that the 
final rule made a number of changes from the proposed rule, including 
flexibility with regard to purchase, installation, and use of 
electronic readers; clarifying that the rule only affects risk group A 
vessels and facilities; and eliminating the distinction between risk 
group B and C for both vessels and facilities.
  However, industry was surprised by the expanded scope of the final 
rule where facility areas subject to the TWIC reader requirement went 
beyond what was included in the proposed rule and regulatory analysis 
accompanying that rule.
  The Coast Guard has acknowledged the discrepancy between the proposed 
and final rules. To date, the service has not been able to identify any 
security benefits to the expanded scope of the final rule or 
definitively state how it will address industry concerns.
  The Office of Management and Budget recently completed its review of 
a proposed rule to delay the implementation date of the TWIC reader 
requirements. The text of the proposed rule was released on June 22, 
2018, 2 months prior to the implementation date.
  Unfortunately, the rule proposed only partially addresses industry 
concerns. It delays implementation of the requirements until August 23, 
2021, for two categories of facilities that handle certain dangerous 
cargo in bulk but do not transfer it. However, for facilities and 
vessels that handle certain dangerous cargo in bulk and transfer that 
cargo to or from a vessel or from facilities that receive large 
passenger vessels, the final rule requirements go into effect on August 
23, 2018.
  Industry has been involved and willing to address security concerns, 
but facilities should not have to bear the burden of implementing a 
final rule proposal that has not yet been fully vetted to understand 
the impacts of the requirements.
  H.R. 5729 requires the Secretary to submit to Congress the 
comprehensive security assessment of the transportation security card 
program, as required in section 1(b) of Public Law 114-278, before 
implementation of its final rule. Doing so will provide Congress and 
stakeholders further information on any deficiencies in the 
effectiveness of the program.
  Mr. Speaker, I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5729, the Transportation 
Worker Identification Credential Accountability Act of 2018.
  Since 2002, when Congress passed the Maritime Transportation Security 
Act, problems have beset the Transportation Worker Identification 
Credential card, or TWIC card, as it is called, a maritime security 
credential.
  Since its inception, concerns and questions about the reliability of 
background check information, the efficacy of fraud detection 
capabilities, and the relatively high cost of the credential have been 
persistent shortfalls that the Department of Homeland Security has 
never gotten right.
  As explained by the bill's sponsor, the Coast Guard issued a flawed 
final rule in 2016 for the use of TWIC card biometric readers at high-
risk maritime facilities. The Coast Guard issued this rule despite 
Congress directing the Department of Homeland Security in 2016 to 
conduct a ``top-to-bottom'' review of the effectiveness of the entire 
TWIC program.
  If there was ever an example of the left hand not knowing what the 
right hand was doing, the issuance of this reader rule was it. 
Considering the history and pattern of mismanagement of TWIC 
credentials, I agree with the purpose of this legislation. It makes 
prudent sense to put a hold on any new TWIC rulemaking until such time 
that the Department of Homeland Security completes its effectiveness 
review as required by Congress.
  Ensuring the security of high-risk maritime facilities remains a 
vitally important homeland security priority. If the TWIC card is not 
up to the task, it is best for Congress to understand why and how the 
deficiencies might best be resolved.
  On the other hand, if it is determined that the best course of action 
is to abandon the TWIC card, we need to evaluate alternative security 
measures that might fill the gap immediately.
  I urge my colleagues to join me and support this noncontroversial 
legislation.

[[Page H5997]]

  Mr. Speaker, I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I appreciate the comments of my colleague 
from the District of Columbia.
  H.R. 5729 is a very straightforward bill. It fixes something that 
needs to be fixed quickly, and I urge Members to support it.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Katko) that the House suspend the rules 
and pass the bill, H.R. 5729, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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