HAZMAT Threat Assessment Program

1. HAZMAT Threat Assessment Program SEARCH Winter Membership Group Meeting January 28, 2005 St. Pete Beach, FL

2. 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.

3. 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.

4. Overview Intelligence & Immigration Related Checks Criminal History Records Check Security Threat Assessment Name-Based Fingerprint-Based (CHRC) (STA) (IRC)

5. 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.

6. State Declarations WA NH VT ME MA MT ND OR MN RI ID SD NY WI CT WY MI PA IA NE NJ NV OH UT IN IL DE CO WV CA VA KS MO KY MD NC TN DC AZ OK NM AR SC MS AL GA TX AK LA States Using TSA Agent FL States Not Using TSA Agent HI

7. State Declarations State Declarations (including D.C.) State TSA Agent

8. State Declarations Percent of Driver Population using TSA Agent State TSA Agent

9. 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 States Using TSA Agent • Hawaii • Idaho • Louisiana • Maine • Massachusetts • Michigan • Missouri • Montana – NFF • Minnesota • Nebraska • Nevada • New Hampshire

10. Florida – NFF Illinois Indiana Iowa Kansas Kentucky Maryland Mississippi New Mexico New York Pennsylvania South Carolina Tennessee Texas Vermont Virginia Wisconsin States Not Using TSA Agent

11. Fee Structure TSA Agent (HAZPRINT) State Information Collection Fee ($38) Information Collection Fee (State Determined) TSA Threat Assessment Fee ($34) TSA Threat Assessment Fee ($34) FBI Fee ($22) FBI Fee ($24)

12. 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.

13. HAZPRINT Collection Sites Integrated Biometric Technology, Inc. Examination Management Services, Inc. Sites (EMSI)—anticipate most IOC fixed units housed at EMSI sites IBT and HAZPRINT Collection and Processing Services Trucking Companies—upon request, IBT will accommodate large companies by going on their site(s) and printing Truck Stops—as approved by TSA, utilize these sites upon negotiation with truck stop owners after IOC Law Enforcement—provide some live scans in State police locations or local law enforcement, as requested Other—along with partners, other possible locations and options available

14. Appeal Process Applicant submits appeal request and supporting documentation Appeal sent to appropriate official of TSA for signature Favorable adjudication, TSA issues “Determination of No Threat Assessment” to applicant and State Contract Adjudicator makes initial appeal assessment Process Complete Appeal Federal Adjudicator reviews appeal assessment Unfavorable adjudication, “Appeal Denied” sent to applicant from TSA. IDTA becomes FDTA; State and Employer notified If received within 30 days after Date of Service, OTVC reviews appeal request

15. Waiver Process Federal Adjudicator sends to Hazmat Program/OCC for review and obtain signature of Assistant Administrator Applicant submits waiver request and supporting documentation Favorable adjudication, TSA issues “Determination of No Threat Assessment” to applicant Contract Adjudicator makes initial assessment Process Complete Waiver OTVC reviews information in Document Management System (DMS) Unfavorable, TSA generates “Waiver Denied” letter Federal Adjudicator reviews assessment