HAZMAT Threat Assessment Program

SEARCH Winter Membership Group Meeting

January 28, 2005

St. Pete Beach, FL

2HAZMAT Threat Assessment Program January 28, 2005

Background

TSA requires that truck drivers seeking to apply for, renew, or transfer an HME on their state-issued CDL undergo a security threat assessment, which includes a fingerprint-based FBI criminal history records check, an intelligence-related check, and immigration status verification.

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Background

USA PATRIOT Act - Enacted by Congress following the September 11, 2001 terrorist attacks Prohibits states from issuing a Hazardous Materials

Endorsement (HME) on a Commercial Drivers License (CDL) without first determining whether or not an individual seeking to transport hazardous materials (HAZMAT) poses a security risk.

The Hazmat Threat Assessment Program was implemented by TSA to meet requirements of USA PATRIOT Act.

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Overview

Intelligence & Immigration

Related Checks

Criminal History Records Check

Security Threat Assessment

(CHRC)

Fingerprint-Based

(IRC)

Name-Based

(STA)

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Overview Hazmat Threat Assessment Program (HTAP)

Phase I – Summer 2004; TSA completed, with assistance from CBP, named-based checks on all 2.7 million Hazmat drivers.

DHS Secretary Ridge directed fingerprint-based criminal history record checks were to begin no later than January 31, 2005.

December 27, 2004; Deadline for states to declare option of using the TSA Agent or conducting collection of fingerprints, applicant information, and fees themselves.

January 14, 2005 – Final fee rule published; fee-funded program. Phase II – January 31, 2005; FBI fingerprint-based CHRC,

intelligence name check, and immigration status check for new HME applicants.

Phase III – May 31, 2005; Full participation to include new HME applicants, transfers, and renewals.

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States Not Using TSA AgentHI

AK

OH

WA

CA

TX

AR

IL

PA

VA

MI

GAAL

OR

MT

ID

NVUT

WY

KS

OK

MN

IA

LA

TN

KY

IN

NC

SC

FL

AZNM

CO

NE

SD

ND

WI

MO

NY

MS

WV

MENHVT

MA

RI

CT

NJ

DE

DC

MD

States Using TSA Agent

 

State Declarations

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State Declarations (including D.C.)

34

17

State TSA Agent

State Declarations

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Percent of Driver Population using TSA Agent

61%

39%

State TSA Agent

State Declarations

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States Using TSA Agent Alaska

Arizona

Arkansas

California

Colorado – NFF

Alabama

Connecticut

DC

Delaware

Georgia

New Jersey – NFF

North Carolina – NFF

North Dakota

Ohio

Oklahoma – NFF

Oregon – NFF

Rhode Island

South Dakota

Utah

Washington

West Virginia

Wyoming

Hawaii

Idaho

Louisiana

Maine

Massachusetts

Michigan

Missouri

Montana – NFF

Minnesota

Nebraska

Nevada

New Hampshire

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States Not Using TSA Agent Florida – NFF

Illinois

Indiana

Iowa

Kansas

Kentucky

Maryland

Mississippi

New Mexico

New York

Pennsylvania

South Carolina

Tennessee

Texas

Vermont

Virginia

Wisconsin

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Information Collection Fee ($38)

TSA Agent (HAZPRINT) State

TSA Threat Assessment Fee

($34)

FBI Fee ($22)

Information Collection Fee (State

Determined)

TSA Threat Assessment Fee

($34)

FBI Fee ($24)

Fee Structure

12HAZMAT Threat Assessment Program January 28, 2005

Fee Structure TSA Agent:

(1) Information Collection and Transmission Fee: $38

(2) Threat Assessment Fee: $34

(3) FBI Fee: $22

Total fee: $94.

States not Using TSA Agent: (1) Threat Assessment Fee: $34

(2) FBI Fee of $24 (provides $2 handling fee/surcharge by the state)

(3) State fees of collecting and transmitting fingerprints and applicant may vary from state to state.

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Other—along with partners, other possible locations and options available

Law Enforcement—provide some live scans in State police locations or local law enforcement, as requested

Truck Stops—as approved by TSA, utilize these sites upon negotiation with truck stop owners after IOC

Trucking Companies—upon request, IBT will accommodate large companies by going on their site(s) and printing

Examination Management Services, Inc. Sites (EMSI)—anticipate most IOC fixed units housed at EMSI sites

IBT andHAZPRINT

Collection and Processing

Services

HAZPRINT Collection SitesIntegrated Biometric Technology, Inc.

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Appeal

Applicant submits appeal request and supporting documentation

If received within 30 days after Date of Service, OTVC reviews appeal request

Contract Adjudicator makes initial appeal assessment

Federal Adjudicator reviews appeal assessment

Appeal sent to appropriate official of TSA for signature

Favorable adjudication, TSA issues “Determination of No Threat Assessment” to applicant and State

Unfavorable adjudication, “Appeal Denied” sent to applicant from TSA. IDTA becomes FDTA; State and Employer notified

Process Complete

Appeal Process

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Waiver

Applicant submits waiver request and supporting documentation

OTVC reviews information in Document Management System (DMS)

Contract Adjudicator makes initial assessment

Federal Adjudicator reviews assessment

Federal Adjudicator sends to Hazmat Program/OCC for review and obtain signature of Assistant Administrator

Favorable adjudication, TSA issues “Determination of No Threat Assessment” to applicant

Unfavorable, TSA generates “Waiver Denied” letter

Process Complete

Waiver Process