Coast Guard Updates TWIC and 33 CFR 141 Personnel

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Coast Guard UpdatesTWIC and 33 CFR 141 Personnel

• Captain Terry D. Gilbreath
• Captain of the Port
• Morgan City, Louisiana
• Terry.d.gilbreath_at_uscg.mil
• [phone]

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(No Transcript)
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Transportation Worker Identification
Credential(TWIC) Program Update

• November 2006

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Applicability

• MTSA requires TWIC for
• All individuals who require unescorted access to
  secure areas of MTSA regulated vessels,
  facilities, and OCS facilities
• 3,200 facilities
• 10,800 vessels, and
• 200,000 U.S. Coast Guard credentialed merchant
  mariners
• Includes but is not limited to
• Longshoremen, truck drivers, vendors,
  facility/vessel employees, maintenance personnel,
  train crews, etc.
• All USCG credentialed merchant mariners
• 750,000 Estimated number of maritime workers
  who will require a TWIC

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Proposed TWIC Maritime PopulationTotal
750,000
Barges 30,000
Shipyards 55,000

• Includes only workers requiring regular
  unescorted access to MTSA-regulated facilities
  (3100) involved in the loading, unloading,
  transport, and handling of cargo.
• 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

Merchant Mariners (MMD Holders) 205,000
Liquid Bulk Refining/Processing 80,000
MODU/Offshore 30,000
Contractors/Other 60,000
Port Truck Drivers 110,000
Site Mgmt./ Admin. 60,000
Land-Based Cruise Personnel 15,000
Longshoremen 55,000
Rail 10,000
Vessel Ops./ Port Support 40,000
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TWIC Rulemaking Status

• The TWIC provisions in the original joint
  Transportation Security Administration / Coast
  Guard Notice of Proposed Rule Making (NPRM)
  released for comment on 22 May 2006 have been
  divided into two separate regulatory projects.
• The requirement to obtain a TWIC will continue to
  move forward through the original regulatory
  process.
• The requirement to purchase and use TWIC readers
  will become a new regulatory project.
• The public will be afforded an opportunity to
  comment on the provisions of the new regulatory
  project that will be published as another NPRM.

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TWIC Rulemaking Status (Continued)

• More than 1,900 comments were received based on
  the original NPRM.
• Common issues included
• high costs economic impact
• reader specifications and requirements
• disqualifying crimes
• ability to work while awaiting issuance of the
  TWIC
• more public meetings time to comment
• uncertainty of secure area" and escorted
  access definitions
• no provision for an Administrative Law Judge in
  the adjudication process
• The final rule will address requirements in the
  recently enacted SAFE Port Act
• Final rule required by January 07
• Timeline requirements for top 10 and top 40 ports
  (July 07 January 08)
• TWIC pilot at 5 distinct locations (begin April
  07)
• Parallel application for TWIC and MMC

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TWIC Timeline
Public Meetings St. Louis, MO L.A./LB, CA 6
and 7 Jun
Proposals Due From Vendors on TWIC Qualified
Vendors List 23 Oct
Published Federal Register Notice Announcing
Split Rule 21 Aug
Published TWIC NPRM22 May
May 2006 Jun 2006 Jul 2006 Aug 2006 Sep 2006 Oct
2006 Nov 2006 Dec 2006 Jan 2007
Comment Period Closed6 Jul
Public Meetings Newark, NJ Tampa, FL, 31 May
and 1 Jun

• Future waypoints dates to be determined
• Publish Final Rule
• TWIC Rule Effective
• Begin Enrollments
• Complete Initial Issuance

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Credential Characteristics

• Smart Card-Based
• Supports off-line and on-line biometric
  authenticationno need to connect to a central
  database when authenticating
• Robust enough to support fingerprint templates
  and photograph, as well as future biometrics
• Supports future applications for additional
  capabilities
• Supports multiple levels of authentication
• Something you havethe credential
• Something you arethe biometric
• Something you knowthe Personal Identification
  Number (PIN)
• Aligned with HSPD-12 and FIPS 201-1

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TWIC Biometric Usage

• TWIC uses biometrics for two primary purposes
• Identity verification and security threat
  assessment
• Fingerprint used by FBI for Criminal History
  Records Check
• One-to-many alias checking
• Identity authentication
• Biometric matching at access control points

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Estimated TWIC Fees As proposed in NPRM

• TWIC user fees must fully offset program costs
• Standard user fee charged to applicant will
  cover
• Enrollment
• Threat assessment and adjudication, including
  appeals and waivers
• Card production
• TSA program and systems costs

1 Does not include FBIs Criminal History Records
Check (CHRC) and TSAs related adjudication
costs 2 Does not include FBIs CHRC, TSAs threat
assessment, and estimated enrollment costs
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DHS Agency Responsibilities

• TSA Responsibilities
• TWIC enrollment
• Security threat assessment and adjudication
• Card production
• TWIC issuance
• Appeal/waiver for TWIC denials
• Technology/ TSA system management
• USCG Responsibilities
• Enforcing use of TWIC in accordance with approved
  vessel, facility, and OCS facility security plans
• MMC

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TWIC Security Threat Assessment

• Criminal History Records Check
• Fingerprint and Name Based
• Permanent Disqualifiers
• Interim Disqualifiers
• Legal status
• U.S. citizen
• Lawful permanent resident
• Certain others with unrestricted employment
  authorization
• Intelligence/Terrorism Check

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Proposed Disqualifying Offenses

• (a) Permanent disqualifying criminal offenses --
  Unlimited look back
• (1) Espionage or conspiracy to commit espionage
• (2) Sedition or conspiracy to commit sedition
• (3) Treason or conspiracy to commit treason
• (4) A crime listed in 18 U.S.C. Chapter
  113BTerrorism or conspiracy to commit such crime
• (5) A crime involving a TSI (transportation
  security incident)
• (6) Improper transportation of a hazardous
  material
• (7) Unlawful possession, use, sale, distribution,
  manufacture, purchaseor dealing in an explosive
  or explosive device
• (8) Murder
• (9) Conspiracy or attempt to commit the crimes in
  this paragraph (a)
• (10) Certain RICO (Racketeer influenced and
  Corrupt Organizations) Act
  violations

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Proposed Disqualifying Offenses (cont.)
(b) Interim disqualifying criminal offenses --
Conviction within 7 years, or release from
incarceration within 5 years of application,
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, distributionor 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

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Program Plans Moving Forward

• Rollout goal issue credentials at maritime
  entities within 18 months after effective date of
  the final rule.
• Award a contract before the close of 2006 to a
  single vendor to operate and maintain the TWIC
  system, and provide enrollment services.
• Work with various federal organizations and
  private industry to finalize specifications for a
  contactless biometric TWIC reader.
• Conduct pilot test of TWIC contactless biometric
  readers and credential validation processes.

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33 CFR 141.15

• 141.15 Restrictions on employment.
• (a) Each employer of personnel on any unit
  engaged in OCS activities that is subject to this
  part must employ, as members of the regular
  complement of the unit, only citizens of the
  United States or resident aliens except as
  provided by 141.20.
• (b) As used in paragraph (a) of this section,
  regular complement of a unit means those
  personnel necessary for the routine functioning
  of the unit, including marine officers and crew
  industrial personnel on the unit, such as
  toolpushers, drillers, roustabouts, floor hands,
  crane operators, derrickmen, mechanics, motormen,
  and general maintenance personnel and support
  personnel on the unit, such as cooks, stewards
  and radio operators. The term does not include
  specialists, professionals, or other technically
  trained personnel called in to handle emergencies
  or other temporary operations extra personnel on
  a unit for training and other personnel
  temporarily on a unit for specialized operations,
  such as construction, alteration, well logging,
  or unusual repairs or emergencies.
• (c) The Officer in Charge, Marine Inspection, may
  determine whether a particular individual or
  position is part of the regular complement of a
  unit. A copy of the determination is provided to
  the owner or operator of the unit affected.