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

HAZMAT Threat Assessment ProgramJanuary 28, 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.

HAZMAT Threat Assessment ProgramJanuary 28, 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.

HAZMAT Threat Assessment ProgramJanuary 28, Overview Intelligence & Immigration Related Checks Criminal History Records Check Security Threat Assessment (CHRC) Fingerprint-Based (IRC) Name-Based (STA)

HAZMAT Threat Assessment ProgramJanuary 28, 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,  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.

HAZMAT Threat Assessment ProgramJanuary 28, States Not Using TSA Agent HI AK OH WA CA TX AR IL PA VA MI GAAL OR MT ID NV UT WY KS OK MN IA LA TN KY IN NC SC FL AZ NM CO NE SD ND WI MO NY MS WV ME NH VT MA RI CT NJ DE DC MD States Using TSA Agent State Declarations

HAZMAT Threat Assessment ProgramJanuary 28, State Declarations (including D.C.) StateTSA Agent State Declarations

HAZMAT Threat Assessment ProgramJanuary 28, Percent of Driver Population using TSA Agent StateTSA Agent State Declarations

HAZMAT Threat Assessment ProgramJanuary 28, 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

HAZMAT Threat Assessment ProgramJanuary 28, 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

HAZMAT Threat Assessment ProgramJanuary 28, 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

HAZMAT Threat Assessment ProgramJanuary 28, 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.

HAZMAT Threat Assessment ProgramJanuary 28, 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 and HAZPRINT Collection and Processing Services HAZPRINT Collection Sites Integrated Biometric Technology, Inc.

HAZMAT Threat Assessment ProgramJanuary 28, 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

HAZMAT Threat Assessment ProgramJanuary 28, 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