DHS Science and Technology Directorate (S&T) has Issued a New Request for Comment, Assessing the Risk-Mitigation Value of TWIC® at Maritime Facilities.

On Feb. 07, 2019, Science and Technology Directorate (S&T), Department of Homeland Security (DHS) issued a new request for comment, Assessing the Risk-Mitigation Value of TWIC® at Maritime Facilities.  This notice is located in the Federal Register at https://www.govinfo.gov/content/pkg/FR-2019-02-07/pdf/2019-01377.pdf .

Please note that this notice requests comments on two items: number one, how effective the TWIC program is at enhancing security and reducing security risks for regulated maritime facilities and vessels, and number two, specific issues concerning an annual information collection about assessing the risk mitigation value of TWIC® at maritime facilities.

From the notice:

By law, the Secretary of Homeland Security is required to commission an assessment of how effective the transportation security card program is at enhancing security and reducing security risks for regulated maritime facilities and vessels. Through the transportation security card program, the Department issues the Transportation Worker Identification Credential (TWIC®). Legislation passed August 2, 2018 restricts the U.S. Coast Guard (USCG) from implementing any rule requiring the use of biometric readers for TWIC® until after submission to Congress of the results of this effectiveness assessment.

The Homeland Security Operational Analysis Center (HSOAC), a federally funded research and development center operated by the RAND Corporation, will collect information from those involved in maritime security on behalf of the DHS S&T Research and Development Partnerships (RDP) Federally Funded Research and Development Center (FFRDC) Program Management Office. HSOAC will visit regulated maritime facilities and terminals and conduct interviews using a semi-structured interview method to collect information. HSOAC will analyze this information and use it to produce a public report with its research findings.

DATES: Comments are encouraged and accepted until April 8, 2019.

ADDRESSES: You may submit comments, identified by docket number DHS–2018–0052, at:

• Federal eRulemaking Portal: http://www.regulations.gov. Please follow the instructions for submitting comments.

• Mail and hand delivery or commercial delivery: Science and Technology Directorate, ATTN: Chief Information Office—Mary Cantey, 245 Murray Drive, Mail Stop 0202, Washington, DC 20528.

Instructions: All submissions received must include the agency name and docket number DHS–2018–0052.

SUPPLEMENTARY INFORMATION: The Secretary of Homeland Security, according to Public Law 114–278, is required to commission an assessment of how effective the transportation security card program is at enhancing security and reducing security risks for regulated maritime facilities and vessels. Through the transportation security card program, the Department issues the Transportation Worker Identification Credential (TWIC®). In addition, Public Law 115–230 restricts the USCG from implementing any rule requiring the use of biometric readers for TWIC® until submitting the results of this assessment to Congress. DHS, in accordance with the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. DHS is soliciting comments on the proposed information collection request (ICR) that is described below. DHS is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology? Please note that written comments received in response to this notice will be considered public records.

Title of Collection: Assessing the Risk Mitigation Value of TWIC® at Maritime Facilities.

Type of Review: New.

Affected Public: Port security subject matter experts such as Port Authority Security Managers, Facility Security Managers, Industry Security Managers, and local law enforcement; Labor, Other Industry Operation and Technology Managers.

Frequency of Collection: Once, Annually.

Average Burden per Response: 60 minutes.

Estimated Number of Annual Responses: 400.

Total Annual Burden Hours: 400.

Discussion: There is an effective and an ineffective way to comment on a regulation. From “Tips for Submitting Effective Comments”, found at https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf:

·         "Read and understand the regulatory document you are commenting on
·         Feel free to reach out to the agency with questions
·         Be concise but support your claims
·         Base your justification on sound reasoning, scientific evidence, and/or how you will be impacted
·         Address trade-offs and opposing views in your comment
·         There is no minimum or maximum length for an effective comment
·         The comment process is not a vote – one well supported comment is often more influential than a thousand form letters."

Comments submitted to address the first issue need to mention how the program does or does not enhance security and reduce security risks for regulated maritime facilities and vessels. That you are personally inconvenienced during the enrollment process or that the cards are not accepted at airports probably does not address the question of risk reduction in the maritime environment. A comment that is submitted without the word “risk” or “security” in it seems to me to be flawed at the onset. DHS is required to consider these comments so this is one more chance for us to get our hands on the TWIC program and influence its path. Let’s make sure we don’t waste this opportunity.

I am still gathering information on the details of number two, the information collection. I want to know how DHS arrived at the figure of 400 persons who will submit information, and that the collection will take one hour. Until I know these details, I can’t sensibly comment on the second issue.

TSA Begins Issuing New TWIC Design

From TSA, 07/10/2018:  "The Transportation Security Administration (TSA) began issuing a new, more secure Transportation Worker Identification Credential (TWIC®) on July 10, 2018. Incorporating enhanced security features, the new TWIC® design aims to deter counterfeiting efforts and mitigate the fraudulent use of the credential at regulated facilities and vessels. Below are some key details about the new card:

•               Current TWIC® card holders do not need to replace a valid TWIC® card with the new TWIC® card design. 

•               Regulated entities that require TWIC® for access will accept and recognize both the current and new TWIC® designs until the card’s expiration.

•               The new card design is compatible with qualified TWIC® readers.

•               To deter alteration of the card’s expiration date, the new card includes a color-coded expiration date box that will update on an annual basis.

•               The fee for the newly re-designed TWIC® card remains unchanged ($125.25) and the credential is valid for five years."

A “TWIC Authentication Guide” document focused on the overt security features of the new TWIC® card design has been cleared for public release. 

Please note, TSA did not approve, disapprove, or endorse this blog post.  

Sen John Thune (R-S.D.) introduces S.763, the Surface Transportation and Maritime Security Act.

On March 30, 2017, Sen John Thune (R-S.D.) introduced S.763, the Surface Transportation and Maritime Security Act.  Sen. Thune is Chairman of the Senate Committee on Commerce, Science, and Transportation. He’s been in the Senate since 2005 and has served in powerful positions within that body. From Sen. Thune’s website, at https://www.thune.senate.gov/public/index.cfm/press-releases?ID=065CC562-BCB2-49FD-82EA-6CE3285E7947:

U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Science, Commerce, and Transportation, joined Sens. Bill Nelson (D-Fla.), Deb Fischer (R-Neb.), and Cory Booker (D-N.J.) in reintroducing S. 763, the Surface Transportation and Maritime Security Act. The legislation, which is substantially similar to the bill introduced late last Congress, would address deficiencies in the Transportation Security Administration’s (TSA) efforts to protect rail, transit, highway, and maritime passenger and freight transportation.

“To keep Americans safe, Congress must continually focus attention on areas of neglect and potential weakness to keep them from becoming targets for terrorism,” said Thune. “The Commerce Committee will soon vote on these important reforms for the TSA.”

The legislation would address concerns, raised by independent government watchdog agencies, that TSA is not adequately positioned to identify security risks across different modes of transportation or effectively support federal, state, local and private providers of transportation security. TSA has previously said in testimony to Congress that it uses only three percent of its budget on surface transportation security.

Highlights of the Surface Transportation and Maritime Security Act:

Enhances Risk-Based Security Planning

• Requires the TSA administrator to conduct a risk analysis and implement a risk-based security model for surface transportation facilities.
• Mandates risk-based budgeting for surface transportation security focusing resources on current threats with annual reviews of program effectiveness.

Canine Explosive Detection Teams for Surface Transportation

• Authorizes as many as 70 additional canine teams to work in surface transportation security as soon as possible.
• Requires a review of the number, location, and utilization of canine teams in surface transportation security to ensure effective use.
• Following this review and the implementation of recommendations, TSA may then raise the total number of canine teams to 200 or higher as identified in TSA’s risk-based analysis. 

Increases Transparency

• Mirroring the advisory committee for aviation established by the Aviation Security Stakeholder Participation Act of 2014, establishes a Surface Transportation Advisory Committee to provide stakeholders and the public with the opportunity to coordinate with the agency and comment on policy and pending regulations. 
• Requires that TSA budget submissions clearly indicate which resources will be used for surface transportation security and which will be dedicated to aviation.
• Directs TSA to regularly update Congress on the status of long overdue surface transportation rulemakings.

Enhances Passenger Rail Security

• Authorizes the use of computerized vetting systems for passenger rail at the request of Amtrak police and the Amtrak Board of Directors.
• Allows grant funding to be used to enhance passenger manifest data so that rail passengers can be identified in case of emergency.

From a quick read of the text of the bill, link from the Senator's website:

The vulnerability assessment off surface transportation modes required of the bill must evaluate  the vetting and security training of employees in maritime transportation and other individuals with access to sensitive or secure areas of transportation networks.

The  Commandant of  the  Coast Guard shall  coordinate  with  the Administrator (of the TSA) to  provide  input  and  other  information regarding  the vulnerabilities of  and  risks  to maritime facilities.  

RISK-BASED SECURITY STRATEGY-

(1)   In GENERAL - Not   later   than   180 days after  the  date  the  security  assessment  from subsection (a)  is  complete, the  Administrator  shall  use the  results  of  the assessment-

(A)  to develop  and  implement  a cross-cutting, risk-based  security strategy that      includes

(i) all surface transportation modes;

(ii)  to the  extent  the Transportation Security  Administration   provides support in maritime transportation security efforts, maritime  transportation;

(B)  coordinate with  the  Commandant   of the  Coast Guard-

(i)         to evaluate existing maritime transportation  security  programs, policies, and initiatives   for  consistency with  the risk-based  security strategy and, to the extent practicable, avoid any unnecessary duplication   of effort;

(ii)  to   ensure   there  are   no security gaps between  jurisdictional  authorities that a threat can exploit to  cause  harm;

(iii)  to determine  the  extent  to which    stakeholder   security programs, policies, and   initiatives  address  the  vulnerabilities and  risks to  maritime transportation systems, identified in subsection (a); and

(iv)  subject  to clauses  (ii)  and (iii), to mitigate each  vulnerability and       risk   to maritime transportation systems identified in subsection (a).

180 days after the date that the security assessment is completed, TSA shall submit to the appropriate Congressional committees a report that includes, among other items, any   recommended   changes  to the National  Infrastructure Protection  Plan, the  modal   annexes  to the NIPP, or  relevant surface  or  maritime transportation security  programs,   policies, or initiatives.

BUDGET TRANSPARENCY - ln submitting the annual  budget  of  the  United  States  Government under Section 1105  of title 81,  United States Code,  the President  shall clearly distinguish  the  resources requested for surface and maritime transportation  security from  the  resources requested for aviation security.

SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE   - The   TSA Administrator shall establish  within  the TSA the Surface Transportation  Security Advisory  Committee.  Voting members to serve in a volunteer, non-paid  basis and consist of representatives from associations  representing the  modes of surface transportation;  labor organizations  representing the modes; groups representing  the  users of the modes, including asset manufacturers,  as appropriate;  relevant  law enforcement, first  responders, and security experts; and other   groups   as   the Administrator considers appropriate.

New Information on TSA TWIC Website

New information has been posted on the TSA TWIC website. The issues addressed are TWIC “OneVisit”; new name for TWIC enrollment centers; a reminder that no appointments are necessary for TWIC services – for services, the person can just walk in to an enrollment center, and an update on the card production delay reported on the site in June. The homepage also continues to contain information about the new card topography features, which is very important for port security stakeholders and especially facility personnel with specific security duties who will be checking the cards.

Concerning the “OneVisit”, there’s no getting around visiting an enrollment center to get your TWIC. If you choose to receive your card by mail you will still be required to make one visit to an enrollment center to complete the enrollment process. 

Below is the text from the site:

1) TWIC “OneVisit”—Now Available Everywhere:  TWIC cards can now be mailed directly to your home, or other location, instead of returning to an enrollment center to pick up your card.  This applies to new or renewed enrollment cards, Extended Expiration Date (EED) TWICs (see item 8 below), or replacements for lost, stolen, or damaged cards.  If you choose to receive your card by mail you will only be required to make one visit to an enrollment center to complete the enrollment process.  When you receive your card it will be activated and ready to use.  A mailer with the card’s preset Personal Identification Number (PIN) will be sent to you separately.  You may also choose to pick up your card at an enrollment center.  If you pick up your card at an enrollment center you can select your PIN.  If you receive your card by mail and want to change your preset PIN you can visit any enrollment center to have it set to your selected PIN at no cost.

2) New Name for TWIC Enrollment Centers:  Enrollment centers now provide services for TWIC as well as TSA’s TSA Pre✓™ and Hazardous Material Endorsement (HME) programs.  Instead of looking for a “TWIC Enrollment Center” sign look for a “Universal Enrollment Services” or “UES” sign.  When you need to apply for or renew your TWIC be sure to check the UES Locator web site to find the nearest UES center.

3) Reminder—Appointments are Not Necessary:  All TWIC services are available at UES enrollment centers to walk-ins as well as those with appointments.  Those with appointments receive priority service at their appointment time, but walk-ins are served in the order they arrive.  The appointment schedules at each enrollment center allow for time to serve walk-ins.  If you need to apply for a TWIC, or pick up a card, and can’t find a convenient appointment go to the enrollment center as a walk-in.  The average wait time at enrollment centers is 15 minutes or less, although at peak times longer waits may be experienced.

4) Card Production Delay Update: The temporary delays in delivering some TWIC cards announced here in June are significantly reduced.  The delays were caused by the transition to a new data and card production system.  The change was required to more effectively support TSA’s mission.  All TWIC enrollments and card requests are now being processed through the new system.  Delays experienced in June and July have diminished, however some residual delays are still occurring.  Applicants should expect to receive their new TWIC in three weeks or less.  Those whose applications require review by a TSA adjudicator will experience an additional three to four week delay.  TSA continues to work diligently to further minimize delays and will continue to do so until program goals for processing all applications are achieved.  You may check your application status online here or via the UES Call Center at 1-855-DHS-UES1 (855-347-8371).

New Information on TWIC Program from TSA TWIC Website

On May 31, 2014 the Transportation Security Administration posted new information on the TSA TWIC website.  The information is reproduced in its entirety below.  MTSA stakeholders should visit the TSA TWIC site and examine the two technical bulletins that are referenced.  The new information includes the card production delay and several other important issues, including new card features (that makes theses new TWICs slightly different from older versions);  the upcoming “One-visit” initiative; important changes to accessing the Certificate Revocation List (CRL);  and new information that may be given during pre-enrollment (biographical). 

PLEASE NOTE: PERSONS WHO ARE REQUIRED TO HAVE A VALID TWIC BEFORE ASSUMING THEIR DUTIES (FSOs, FACILITY PERSONNEL WITH SPECFIC SECURITY DUTIES) WHO ARE ADVERSELY AFFECTED BY THE CARD PRODUCTION DELAYS SHOULD CONTACT THEIR LOCAL COTP TO DISCUSS THIS ADVERSE IMPACT AND TO SUGGEST EQUIVALENT SECURITY MEASURES.

The “One-visit” initiative is required by Congress.  The TWIC Program Office has completed the pilot test phase of mailing TWIC cards to applicants in Alaska and parts of Michigan.

Will offer the choice to receive cards by mail as this capability is added to enrollment centers throughout the summer. 

• Applicants choosing to receive their card by mail will only be required to make one visit to an enrollment center to complete the enrollment process. 
• The card will be mailed to the applicant’s home, or other address of their choice. 
• The card will be activated and ready to be used.
• A mailer with the card’s PIN will be sent separately.

Latest News! From http://www.tsa.gov/stakeholders/transportation-worker-identification-credential-twic%C2%AE

1)   Card Production Delays:  TSA is upgrading its technology to more effectively support TSA’s mission.  However, TSA has experienced a temporary delay in the production and delivery of some TWIC cards.  This delay is impacting some new enrollments, card replacements and Extended Expiration Date (EED) cards.  TSA is working diligently to ensure the delays are minimized and efficient processing of applications and card production is achieved.  If you are experiencing a longer than usual processing time, you may continue to check your application status online here or via the UES Call Center at 1-855-DHS-UES1 (855-347-8371).

2)  New Card Topography Features:  TWIC enrollment centers are beginning to receive and issue cards produced by the Government Printing Office (GPO) through the Technology Infastructure Modernization (TIM) system.  The general appearance and security features of the new cards are similar to previous versions, but contain several changes:

Card Front:

•             Expiration date format is now YEAR MONTH DAY (YYYYMMMDD) example:  2016APR22

•             Card front:  A period “.” follows the middle initial, example:  W.

Card Back:

 •             Version moved to above the magnetic stripe (“TWIC v2.3 MM.YY”).

•             The smaller 1D bar code above the magnetic stripe has been replaced by a card stock identifier sequence.

•             The label “ID One PIV (1107253)” has been added above the magnetic stripe.

•             The printing below the larger 1D barcode now includes the System Code (7099), example:  70991234

The Technical Advisory with details on card topography changes is available here.

3)  New Card Technical Features:  As a result of the transition to the TIM system, the TWIC Certificate Authority (CA) changed.  TWIC readers programed to check the TWIC Certificate Revocation List (CRL) must be redirected to the new CA.  The technical advisory for this change was also previously posted to the TWIC website.  The direct link to the advisory is here.

4)  TWIC “OneVisit”:  The TWIC Program Office has completed the pilot test phase of mailing TWIC cards to applicants in Alaska and parts of Michigan and will offer the choice to receive cards by mail as this capability is added to enrollment centers throughout the summer.  Applicants choosing to receive their card by mail will only be required to make one visit to an enrollment center to complete the enrollment process.  The card will be mailed to the applicant’s home, or other address of their choice.  The card will be activated and ready to be used.  A mailer with the card’s PIN will be sent separately.

5)  Pre-Enrollment:  TWIC applicants may now begin the enrollment/application process by entering biographic information online before visiting an enrollment center. To pre-enroll, please visit the Universal Enrollment Services website here, click on the TWIC program icon, and select the “Pre-Enroll” link from the list of available services.

6)  Extended Expiration Date TWICs:  If you are a worker holding a TWIC that expires on or before December 31, 2014 and you are a U.S. citizen or U.S. national you will be able to replace your expiring TWIC with a 3-year Extended Expiration Date (EED) TWIC. To order an EED TWIC or a card replacement, you may contact the UES Call Center at 1-855-DHS-UES1 (1-855-347-8371) Monday through Friday from 8 AM - 10 PM Eastern. Alternatively, click here to order your EED TWIC or card replacement online.

Legislative change to TWIC enrollment process

On Dec. 12, 2012, the United States Senate agreed to the United States House of Representatives amendment to Senate amendment by Voice Vote on amendments to H.R. 2838, the Coast Guard and Maritime Transportation Act of 2012. This is the process for the final reconciliation of two versions of the bill. It will now go to the President for his signature. Among several significant provisions, the following section, if implemented, may make a substantial change to the TWIC enrollment process:

SEC. 709. TRANSPORTATION WORKER IDENTIFICATION  CREDENTIAL PROCESS REFORM.

Not later than 270 days after the date of enactment of this Act, the Secretary of Homeland Security shall reform the process for Transportation Worker Identification Credential enrollment, activation, issuance, and renewal to require, in total, not more than one in-person visit to a designated enrollment center except in cases in which there are extenuating circumstances, as determined by the Secretary, requiring more than one such in-person visit.

Request from TSA re EED TWIC's

Fresh post at TSA TWIC website, http://www.tsa.gov/stakeholders/transportation-worker-identification-credential-twic:

 Due to the large number of transportation workers requesting extended expiration date (EED) TWICs, TSA requests that you order an EED TWIC no sooner than 4 months prior to your current TWIC expiration date.  If your card expires within 4 months and you would like to order an EED TWIC, please call the TWIC Help Desk at 1-866-DHS-TWIC (1-866-347-8942).

TWIC/HME Compatability News (?) from TSA/TWIC Website

Newly posted on the TSA TWIC site, news about TWIC/ HME compatability:

Effective January 2012, the TSA Hazardous Materials Endorsement Security Threat Assessment Program (HTAP) will offer the ability for TWIC holders the option to obtain an HME without undergoing a new, full security threat assessment (STA). The STAs for both the HME and TWIC programs have been deemed comparable, therefore applicants will not be required to submit a new set of fingerprints and will pay a reduced fee when applying for a Comparable HME. The ability to apply for a Comparable HME within each state will be determined by each state’s division of motor vehicles. More details will be provided closer to implementation of HME-TWIC Comparability, including a listing of those States that will offer this capability. Click here for frequently asked questions on this topic.

HME/TWIC COMPARABLE SECURITY THREAT ASSESSMENTS

• Are the background checks for an HME the same as the background checks conducted for an individual applying for a TWIC?
• Yes. They have the same eligibility requirements, share a consistent waivers and appeals process and leverage the same fingerprint-based criminal history records check. As a result, the HME and TWIC have been deemed comparable.

• Is someone with an HME required to repeat the security threat assessment (STA) if they are applying for a TWIC?
• No. As a result of this, an applicant who applies for a TWIC after successfully completing the HME STA does not have to pay for a second criminal history records check (CHRC) and as a result, the fee for the TWIC is reduced by $27.25. All TWIC applicants must pay the fees that cover the other components of the TWIC program, including enrollment and card issuance.

• Does someone with a TWIC have to repeat the STA if they are applying for an HME?
• Effective January 2012, TWIC holders will be offered the option to apply for a comparable HME. As a result of this, an applicant who applies for an HME after successfully completing the TWIC STA will not be required to submit additional fingerprints or pay for a second CHRC, thus the fee for the HME is reduced by $22.25. All HME applicants must pay the fees that cover the other components of the HME program, including application fees.

• If someone already has a TWIC and is applying for a comparable HME, what is the application fee?
• The TSA HME application fee, within states that utilize the TSA-agent, is $89.25 – however; the fee will vary depending upon the State in which the individual is applying, if the applicant’s state does not utilize the TSA-agent. The fee for a comparable application is reduced by $22.25 (new total of $67.00 within TSA-agent states). Note: individuals should consider the expiration date of their current TWIC in order to determine if it is more cost effective to apply for a full or a comparable/reduced fee HME.

• Since HME requirements are specific to an individual State, are all 50 States including the District of Columbia, offering this comparability (where a TWIC holder receives a discount when applying for an HME)?
• Given specific State statutes, license cycles, and system limitations, not all States (including the District of Columbia) will be able to offer comparability in January 2012. Applicants in a State that can offer comparability will be provided notice during the application process – and the on-line enrollment system will offer the individual the option to pay a reduced fee by electing to apply for a comparable security threat assessment.

• If a TWIC holder chooses to apply for a comparable HME, what will the length of their HME be?
• The HME will be issued with the same expiration date of the individual’s existing TWIC. This date is the expiration date of the TSA security threat assessment.

• How does a TWIC holder who is applying for an HME know if the State where they are applying for the HME offers comparability?
• Closer to the implementation date of January 2012, TSA will post a listing of States that support Comparability on this website. Applicants can inquire with States about this during their application process, or can contact the HazPrints help desk at (877) 429-7746 (7am-9pm Eastern Monday through Friday). The online application for the HME program will also identify whether or not that State offers Comparability once an applicant specifies the State in which they are applying. The list of states that offer Comparability will be updated as other states determine that they can offer the reduced fee HME.