Mr. Speaker, I rise in strong support of H.R. 3202, the Essential Transportation Worker Identification Credential Assessment Act and yield myself such time as I may consume. Mr. Speaker, again, I…
Mr. Speaker, I rise in strong support of H.R. 3202, the Essential Transportation Worker Identification Credential Assessment Act and yield myself such time as I may consume.
Mr. Speaker, again, I rise in strong support of my bill, H.R. 3202, the Essential Transportation Worker Identification Credential Assessment Act and, again, want to offer my appreciation to Chairwoman Miller of the committee, that I am the ranking member of, for her collaboration, cooperation, and commitment to America's security and working together in a bipartisan manner not only at the subcommittee level, but at the full committee level.
Again, thanking Mr. McCaul, the chairman of the full committee, and Mr. Thompson, the ranking member of the full committee, I would offer to say that Homeland Security has put national security first beyond any of our partisan desires, so I am grateful for that as we move this legislation forward.
I would like to think that both Chairwoman Miller and myself believe that there is a value to the TWIC card. Even this weekend, as I was in my district canvassing an area about crime issues, a gentleman came out and said: I have a house here, I am training individuals how to apply for the TWIC card.
I couldn't believe it. In a neighborhood, there was someone who was trying to get resources to train people to get a TWIC card because they knew how valuable it was if you want to work in the Nation's ports.
It is valuable, but I want to acknowledge the card reader pilot results are unreliable, and security benefits need to be reassessed. This was done by the GAO in May 2013. I would just like to read these words from what the GAO recommended:
Congress should halt DHS' efforts to promulgate a final regulation until the successful completion of a security assessment of the effectiveness of using TWIC.
Here is an issue where Congress rose to the occasion, and this is this legislation, to be able to respond to make something better. When Congress enacted the SAFE Port 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 of ports and vessels were vetted and known.
I think there is enough evidence for us to know that terror can come in many forms, and we know that by some of the terrible incidents that have occurred--the incident in Yemen where one of our ships was attacked--so we know how difficult securing these large areas and vessels are.
However, we learned that, as implemented by TSA and the Coast Guard, there are weaknesses in the program. Indeed, the Government Accountability Office has identified serious shortcomings with the TWIC program, as implemented, that may undermine the program's intended purpose and make it difficult to justify costs, particularly the costs to workers.
I want to emphasize workers because when we first began this program, there were a number of us on the committee who wanted to do several things, wanted to provide more centers where TWIC cards could be accessible because many of the longshoremen and other workers were finding it difficult in their schedule to be able to secure one.
I secured a TWIC card to be able to determine how the process works. The biometrics issue came out from the 9/11 reports. It was suggested that biometrics would be the way to go, and so the TWIC card was designed that way, to deal with biometrics.
Unfortunately, all those efforts of trying to make it accessible didn't answer the question of whether or not it was going to be effective. Again, I remember trying to get around-the-clock sites where longshoremen and others who worked in these areas could get it, according to their shifts. Some of them are out for many days and months at a time.
Specifically, GAO's review of the pilot tests aimed at assessing the technology and operational impact of using the TWIC with card readers show that the test results were incomplete, inaccurate, and unreliable for informing Congress and for developing a regulation about the readers.
GAO found that challenges related to pilot planning, data collection, and reporting effected the completeness, accuracy, and reliability of the pilot results. GAO determined that these issues call into question the program's premise and effectiveness in enhancing security.
In response, I introduced H.R. 3202, with the support of subcommittee Chairwoman Miller as an original cosponsor, to ensure that Congress received an independent--I want to make it very clear that this is very important--an independent scientific assessment of the program and to require the Secretary to ensure 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 committee, language was integrated that clarified that any pending rulemaking would not be impacted by this bill and refine the scope of the assessment we are seeking, made it more pointed, and made it very clear that any rulemaking would not be interfered with.
I think that is the right way for Congress to work. The department has said that the final rule for biometric readers will be published in January 2015.
Mr. Speaker, I am hoping that we can continue to be on that schedule. We were hoping that it was going to be earlier, but we hope that this report will be more helpful to Congress in determining how, ultimately, this program will work.
There is great interest in the 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 in ports to have biometrics 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.
We want an effective system. I believe it could be effective. I believe it is valuable. I believe people should be carded going into security areas or sensitive areas, and I think we have gotten our workers to be able to understand it as well, if it works right for them.
So we will look forward to this process where we continue to collaborate, and this legislation will be helpful as such.
Mr. Speaker, I would like to just have some closing remarks to emphasize that the idea of the Transportation Worker Identification card, the TWIC card, was to promote security and standardization.
It was a common credential that enables facility and vessel operators, as well as Federal, State, local, tribal, and territorial law enforcement entities to verify the identity of individuals, a step that was not feasible prior to TWIC implementation, with potentially thousands of different facility-specific credentials, which is why many of us supported--and I strongly support--the TWIC card. I want it to work.
TWIC also allows transportation workers to move among facilities, vessels, and geographic regions as needed for routine demands during emergencies while still maintaining security. In the interest of security and in order to provide proper stewardship of appropriated funds and collected TWIC funds or fees, this legislation was introduced, the Essential Transportation Worker Identification Credential Assessment Act, to really get a better investment for our money.
I am looking forward to a comprehensive assessment that will, in essence, be done by a not-for-profit laboratory and so that the many problems and vulnerabilities that persist in this program can be either eliminated or corrected.
We want to work with our, if you will, our partners, the Coast Guard, the Transportation Security Agency, and many others. As we all know, national security has to be for all of us our highest priority, particularly Members of Congress, and it certainly is for those of us in the Homeland Security Committee.
So I would ask my colleagues, again, to support H.R. 3202, the Essential Transportation Worker Identification Credential Assessment Act, and move us closer to completing our commitment after 9/11, which is to make this country the most secure country in the world.
Mr. Speaker, I thank, again, my chairwoman and collaborator, Mrs. Miller, for her assistance.
Mr. Speaker, I rise in strong support of my bill, H.R. 3202, the Essential Transportation Worker Identification Credential Assessment Act.
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, we have learned that, as implemented by TSA and the Coast Guard, there are weaknesses in the program.
Indeed, the Government Accountability Office has identified serious shortcomings with the TWIC program, as implemented, that may undermine the program's intended purpose and make it difficult to justify program costs, particularly the costs to workers.
Specifically, GAO's review of the pilot test aimed at assessing the technology and operational impact of using the TWIC with card readers showed that the test's results were incomplete, inaccurate, and unreliable for informing Congress and for developing a regulation about the readers.
GAO found that challenges related to pilot planning, data collection, and reporting affected the completeness, accuracy, and reliability of the pilot results.
GAO determined that these issues call into question the program's premise and effectiveness in enhancing security.
In response, I introduced H.R. 3202, 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 program.
I want to point out that 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.
The Department has said that the final rule for biometric readers will be published in January 2015.
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 are required to carry biometric cards to do their jobs.
In closing, I want to express my appreciation to Chairman Miller for the bipartisan nature of the work on this and all the bills that originate in our Subcommittee and thank you and your staff for their cooperation.
As a Houstonian, I have a special appreciation for what is at stake. We owe it to the men and women that rely on our Nation's ports for their livelihoods to get this right.
With that Mr. Speaker, I yield back the balance of my time.
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. 3202, the ``Essential Transportation Worker Identification Credential Assessment Act.''
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 introduced, H.R. 3202, 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:
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.
Reported transaction data did not match underlying documentation.
Pilot documentation did not contain complete TWIC reader and access control system characteristics.
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.
TSA and the independent test agent did not collect complete data on malfunctioning TWIC cards.
Pilot participants did not document instances of denied access.
TSA and the independent test agent did not collect consistent data on the operational impact of using TWIC cards with readers.
Pilot site reports did not contain complete information about installed TWIC readers' and access control systems' design.
The seeks to address 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.
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.
My Congressional District is located in Houston Texas, which is home to one of the world's busiest ports.
The Port of Houston is critical infrastructure:
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 country in exports.
1st ranked US port in foreign tonnage
2nd ranked US port in total tonnage
7th ranked US container port by total TEUs in 2012
Largest Texas port with 46% of market share by tonnage
Largest Texas container port with 96% market share in containers by total TEUs in 2012
Largest Gulf Coast container port, handling 67% of US Gulf Coast container traffic in 2012
2nd ranked US port in terms of cargo value (based on CBP Customs port definitions)
The Government Accountability Office (GAO), reports that this port, and 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 has $15 billion petrochemical complex, the largest in the nation and second largest worldwide.
The bill will address the underlying concerns regarding Transportation Worker Identification Credentials documented by the Government Accountability Office report published in May 2013.
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.
One of the greatest engines our economy has is the Port of Houston, which 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.
For this reason, I introduced H.R. 3202, 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.
Indeed, the Government Accountability Office has identified serious shortcomings with the TWIC program, as implemented, that may undermine the program's intended purpose and make it difficult to justify program costs, particularly the costs to workers.
Other considerations for security are in the infrastructure necessary to make sure that there is an ability to electronically check the credential of workers as they enter ports.
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 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.
The Department has said that the final rule for biometric readers will be published in January 2015.
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 are required to carry biometric cards to do their jobs.
Bill Background
The nationwide recognition of the Transportation Worker Identification Credential (TWIC) promotes security and standardization.
A common credential enables facility and vessel operators as well as federal, state, local, tribal, and territorial law enforcement entities to verify the identity of individuals--a step that was not feasible prior to TWIC implementation with potentially thousands of different facility-specific credentials.
TWIC also allows transportation workers to move among facilities, vessels, and geographic regions as needed for routine market demands and during emergencies, while still maintaining security.
``In the interest of security and in order to provide proper stewardship of appropriated funds and collected TWIC fees, I introduced legislation to insist that DHS demonstrate how the TWIC Program will improve maritime security.
The Transportation Worker Identification Credential Assessment Act will require the Secretary of Homeland Security to complete and submit to Congress and GAO a comprehensive assessment of the effectiveness of the TWIC Program at enhancing or reducing security risks for maritime facilities and vessels.
The comprehensive assessment will be completed by an independent, not-for-profit laboratory.
Many problems and vulnerabilities persist and will have to be resolved if the TWIC Program is to ever realize the security benefits envisioned by Congress.
I want to express my appreciation to Chairman Miller for the bipartisan nature of the work on this and all the bills that originate in our Subcommittee and thank you and your staff for their cooperation.
I ask my colleagues on both sides of the aisle to strongly support this bipartisan bill.