Congressional Hearings on TWIC Deficiencies, Credentialing Redundancies

(TWIC is TSA’s program to ensure that all personnel requiring unescorted access to secure areas of Maritime Transportation Security Act (MTSA)-regulated facilities and vessels, and all mariners holding Coast Guard-issued credentials, possess a biometric TWIC card. Ultimately planned for all transportation sectors, TSA, in cooperation with the Coast Guard, is initially focusing the TWIC program on the maritime sector.)

Highlights of the written statements from the hearings include:

TWIC Deficiencies

GAO’s Covert Tests Found Ports Easy to Access Using Fake TWICs

The Government Accountability Office (GAO) official testified that its report on TWIC found that internal control weaknesses in enrollment, background checking, and use could have contributed to the breach of MTSA-regulated facilities during covert tests conducted by GAO investigators. During covert tests, GAO investigators were successful in accessing ports using counterfeit TWICs, authentic TWICs acquired through fraudulent means, and false business cases.

GAO notes that the Department of Homeland Security (DHS) has not assessed the TWIC program’s effectiveness at enhancing security or reducing risk for facilities and vessels. Further, DHS has not demonstrated that TWIC, as currently implemented and planned, is more effective than prior approaches used to limit access to ports and facilities, such as using facility specific identity credentials with business cases.

Among other things, GAO recommends that DHS assess TWIC program internal controls to identify needed corrective actions, assess TWIC’s effectiveness, and use the information to identify effective and cost-effective methods for meeting program objectives. DHS concurred with the GAO’s recommendations

Readers and Renewal

Coast Guard to Consider Pilot, Participant Feedback in TWIC Reader Rulemaking

The TSA testified that a TWIC pilot is currently being conducted to evaluate the feasibility as well as technical and operational impact of implementing a transportation security card reader system. The formal data collection from the pilot is expected to be completed at the end of May 2011. After completion, an independent test agent will develop reports for review by TSA and the Coast Guard which, along with feedback from pilot participants, will be used by the Coast Guard when it moves to the next phase of its TWIC reader rulemaking.

(See ITT’s Online Archives or 02/24/11 news, 11022440, for BP summary announcing that the Office of Management and Budget approved a Coast Guard prerule on the TWIC card reader requirements in February 2011.)

TSA Getting Ready for First TWIC 5-Year Renewal Cycle

The TSA testified that it is in the process of developing policies and procedures to ensure a smooth TWIC renewal phase. (The Security Threat Assessments (STAs) and associated TWIC must be renewed every five years.)

(See ITT's Online Archives or 03/24/11 news, 11032432, for BP summary of a House bill that, if enacted, would allow mandatory renewal of TWICs to be delayed.)

Credentialing Shortcomings

House GOP Bill Introduced on Credentialing Redundancies

Various transportation associations testified on a bill, recently introduced by Representative Rogers² (R), the MODERN³ Security Credentials Act. These witnesses outlined their positions on the legislation and offered suggested improvements.

According to a press release, H.R. 1690 would require DHS to streamline and eliminate redundancies in various transportation security credentialing regulations. These regulations cover programs including the TWIC, Airport Secure Identification Display Area Badges, Hazardous Materials Endorsements to State Drivers’ licenses and others.

The press release notes that H.R. 1690 would require the TSA to harmonize its STA processes across credentialing programs. In addition, this legislation would eliminate the security background check requirement for truck drivers as part of an HME, and instead require those drivers carrying security-sensitive materials to only acquire a TWIC.

(H.R. 1690 has been endorsed by the American Trucking Association, the Association of American Airport Executives, the U.S. Chamber of Commerce, and other organizations.)

Subcommittee mark up scheduled. The House Homeland Security Committee’s Transportation Security Subcommittee has announced that it will mark up H.R. 1690 on May 12, 2011.

Senate also Plans Bill Port Security Credentialing

In his opening statement, Senator Rockefeller (D) announced that in the coming months, he will introduce a port security authorization bill that will address shortcomings in port security credentialing. Additional details are not yet available.

TSA Plans Rulemaking on STA Harmonization for All Modes, also IT Changes

A TSA official testified that TSA shares the goal of Congress that STAs be harmonized to alleviate the burden and inconvenience placed on individuals by the need to obtain multiple STAs, to the extent legally possible

He states that TSA has already established comparability standards and identified comparable STAs to reduce the burden on individuals that are required to have multiple STAs; however, statutory, regulatory, and infrastructure changes are necessary to implement comparability across a wider number of background checks. To implement this comparability across a wider spectrum, TSA is working on:

Harmonize STAs & user fees. A rulemaking that will further harmonize STAs, redress, and user fees for individuals across modes of transportation (MOTs) in which TSA conducts vetting, to the extent possible under current law.

Updating IT infrastructure. TSA is also updating its information technology infrastructure to improve the services provided to transportation sector workers. The TTAC Infrastructure Modernization (TIM) system will provide an integrated end-to-end solution to manage identities, credentials, and assessment results for millions of transportation sector workers. TIM will be implemented on an incremental basis, allowing TSA to benefit from modernization’s capabilities as they become available.

¹A House Homeland Security Committee Transportation Security Subcommittee hearing on May 4, 2011 and a Senate Commerce, Science, and Transportation Committee hearing on May 11, 2011.

²H.R. 1690 is co-sponsored by Representatives McCaul (R) and Brooks (R).

³Modernizing of Document and Elimination of Redundant Identification and Security Credentials Act (MODERN)

⁴In addition to addressing individuals who are already subject to TSA rules, such as those in the aviation and maritime sectors and commercial drivers transporting hazardous materials, the rule would implement requirements of the Implementing Recommendations of the 9/11 Commission Act of 2007 to conduct STAs on additional populations including certain freight rail, passenger rail and public transportation, and over-the-road bus workers.

(See ITT’s Online Archives or 05/04/11 news, 11050405, for BP announcement of the introduction of H.R. 1690.

See ITT’s Online Archives or 03/24/11 news, 11032432, for BP summary of H.R. 1105, the Transitioning with an Improved Credential (TWIC) Program Act, which was introduced by House Homeland Security Committee Ranking Member Thompson.

See ITT”s Online Archives or 06/04/10 news, 10060420, for BP summary of COAC recommendations on credential streamlining.

Senate witness testimony available here, House witness testimony available here

GAO report available here

Press release on H.R. 1690 available here

H.R. 1690 available here

Subcommittee mark up announcement available here