HAZMAT Threat Assessment Program

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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
Fingerprint-Based
Name-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.

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State Declarations
WA
 
NH
VT
ME
MA
MT
ND
OR
MN
RI
ID
SD
NY
WI
CT
MI
WY
PA
IA
NE
NJ
NV
OH
UT
IN
IL
DE
CO
WV
CA
VA
KS
KY
MO
MD
NC
TN
DC
OK
AZ
AR
SC
NM
MS
GA
AL
TX
AK
LA
States Using TSA Agent
FL
States Not Using TSA Agent
HI
 
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State Declarations
State Declarations (including D.C.)
State
TSA Agent
8
State Declarations
Percent of Driver Population using TSA Agent
State
TSA Agent
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States Using TSA Agent

• 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

• Alaska
• Arizona
• Arkansas
• California
• Colorado NFF
• Alabama
• Connecticut
• DC
• Delaware
• Georgia

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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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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)
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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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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 Companiesupon request, IBT will
accommodate large companies by going on their
site(s) and printing
Truck Stopsas approved by TSA, utilize these
sites upon negotiation with truck stop owners
after IOC
Law Enforcementprovide some live scans in State
police locations or local law enforcement, as
requested
Otheralong with partners, other possible
locations and options available
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Appeal Process
Applicant submits appeal request and supporting
documentation
Appeal sent to appropriate official of TSA for
signature
Contract Adjudicator makes initial appeal
assessment
Favorable adjudication, TSA issues Determination
of No Threat Assessment to applicant and State
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
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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
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