Transportation Worker Identification Credential 1 What is Maritime

Transportation Worker Identification Credential 1

What is Maritime TWIC? § TWIC is a biometric identification credential § Issuance based on a security threat assessment conducted by TSA § For “unescorted” access to secure areas of USCG MTSA regulated (3, 000) Facilities and (10, 000) vessels. § Enforced by USCG § Designed to be a multimodal Transportation Credential § Follow-on rulemakings § Based on Authority of MTSA, ATSA, Patriot Act, SEA 2

TSA/USCG TWIC Maritime Population Estimate Total = ~750, 000 DRAFT 05 APR 06 Barges 30, 000 • Includes only workers requiring regular unescorted access to MTSA-regulated facilities (~3100) involved in the loading, unloading, transport, and handling of cargo. Merchant Mariners (MMDs) 205, 000 Liquid Bulk Refining/Processing 80, 000 MODU/Offshore 30, 000 • Estimate based on population survey of more than 40 U. S. ports, as well as subject matter expert interviews • Survey and extrapolation performed by TSA and USCG Shipyards 55, 000 Land-Based Cruise 15, 000 Contractors/Other 60, 000 Port Truck Drivers 110, 000 Rail 10, 000 Vessel Ops. / Port Support 40, 000 3 Site Mgmt. / Longshoremen Admin. 55, 000 60, 000

Proposed Rule Amends: § 33 CFR Parts 101, 103, 104, 105 and 106 (USCG MTSA Regs) § 46 CFR Parts 10, 11, 12, (USCG Mariner Credentialing Regs) § 49 CFR Parts 1515, 1570 and 1572 (TSA Hazardous Materials Endorsement Vetting Regs) 4

Facility & Vessel Requirements § Define Secure Area § Facility, vessel, & OCS owners/operators responsibility to only allow unescorted access to secure areas to persons who hold a TWIC § § 1 -1 match of identity “Reoccurring Unescorted Access” for small vessel crew § Owners/operators will be responsible to ensure TWICs are valid § § Check TSA ”Hotlist” requirements vary by MARSEC Level 5

Facility & Vessel Requirements § Install Biometric readers at access points. § performance based § Security Plan updates – TWIC Addendum § submitted w/in 6 months § Approved by COTP/MSC § Operating under plan w/in 12 -18 months § (depends on TWIC availability) § Inspection authority and enforcement resides with USCG § LEOs 6

TWIC Vetting Standards § Security Threat Assessment § Criminal history § Terrorist Databases § Immigration status § U. S. citizen § Lawful permanent resident § Certain others with unrestricted employment authorization (i. e FAST) § Mental capacity § From requirement in Safe Explosives Act § Based on adjudicated lack of mental capacity or commitment to mental institution 7

TWIC Process § TSA contractors will enroll persons at locations around the country § Applicant pre-enrolls on-line, visits enrollment office to submit fingerprints& identity documents, and pays fee § TSA conducts a check of terrorist, immigration, and criminal history databases § TSA adjudicates results § If denied, TSA notifies, applicant, employer, FMSC § TSA provides all denied applicants w/ Appeal provisions § Waiver process if applicant does not meet the criminal standards § Cards produced at Federally-managed facility § Applicant returns to enrollment center to pick up card, prove identity using biometric 8

TWIC Standards: Criminal history Will request comments in NPRM (a) Permanent disqualifying criminal offenses. (1) Espionage. (2) Sedition. (3) Treason. (4) A crime listed in 18 U. S. C. Chapter 113 B—Terrorism (5) A crime involving a TSI (transportation security incident) (6) Improper transportation of a hazardous material (7) Unlawful possession, use, sale, distribution, manufacture, purchase, …or dealing in an explosive or explosive device. (8) Murder. (9) Conspiracy or attempt to commit the crimes in this paragraph (a). (10) Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U. S. C. 1961, 9

TWIC Standards: Criminal history (b) Interim disqualifying criminal offenses. § within 7 years, or released from incarceration within the 5 years § Includes Wants & warrants associated with crimes (1) Assault with intent to murder. (2) Kidnapping or hostage taking. (3) Rape or aggravated sexual abuse. (4) Unlawful possession, use, sale, manufacture, purchase, distribution, …. or dealing in a firearm or other weapon. (5) Extortion. (6) Dishonesty, fraud, or misrepresentation, including identity fraud. (7) Bribery. (8) Smuggling. (9) Immigration violations. (10) Lesser Violations of the Racketeer Influenced and Corrupt Organizations Act, (11) Robbery. (12) Distribution, possession w/intent to distribute, or importation of a controlled substance. (13) Arson. (14) Conspiracy 10