Transportation Worker Identification Credential (TWIC): Program Overview & Government Agency Access Protocol TWIC Program Objective • The TWIC program strikes a balance between these three goals. – Enhancing security through using a secure, common ID to manage individual access to secure areas of the transportation system. – Facilitating commerce through an identity management system that maintains, or improves worker access to transportation facilities. – Protecting privacy by collecting as little personal data as necessary, putting that data on a secure ID, and preventing unauthorized disclosure. 2 TWIC Overview • Under the Maritime Transportation Security Act (MTSA) and Security and Accountability for Every (SAFE) Port Act, the Secretary must establish rules to prevent an unauthorized person from getting into a secure area of a vessel or facility that has a security plan. • The TWIC rules are based on these two laws. The laws require using a standard, biometric ID (also known as a “credential”), for access control to secure areas of vessels and facilities. The ID is called the “Transportation Worker Identification Credential” or “TWIC.” • To get a TWIC, individuals must pass a Security Threat Assessment (STA). That assessment helps TSA decide if he or she poses a risk to transportation. 3 TWIC Population • Individuals who frequently access secure areas in the course of their employment will need to obtain a TWIC. These populations include but are not limited to: – Agents – Chandlers – Port chaplains – Longshoremen – Surveyors – Drayage truckers – Truckers bringing/picking up cargo at a facility – Other maritime professionals – Facility employees who work in a secure area – Non-credentialed mariners in vessel crew 4 Federal Officials, State, & Local Law Enforcement Officials & Emergency Responders For unescorted access to a secure and restricted area, TWIC is not required for: • Federal official – Must present an agency-issued, HSPD-12 compliant card for unescorted access to a secure area. If that official’s agency has not issued this kind of identity document, he or she may use the agency’s official credential for unescorted access until the agency issues an HSPD-12 compliant card. • State or local law enforcement officers – These officers may have unescorted access without a TWIC when they are there for official business only. Owners/operators must let them enter the vessel or maritime facility at any time and without delay or obstruction for official business. • A State or local emergency responder – They may have unescorted access to during an emergency. 5 List of Agencies Qualifying for the “Federal Officials” Exemption • • • • • • • • • • • • • • Army Corp of Engineers Centers for Disease Control Federal Bureau of Investigation Federal Emergency Management Agency Federal Grain Inspection Service Federal Railroad Administration National Marine Fisheries National Oceanographic & Atmospheric Administration National Science Foundation National Transportation Safety Board Pipeline & Hazardous Materials Administration Transportation Security Administration US Postal Service US Secret Service • US Coast Guard • US Customs & Border Protection • US Department of Agriculture • US Department of Defense • US Department of Energy • US Department of Homeland Security • US Department of Interior • US Department of Transportation • US Drug Enforcement Agency • US Environmental Protection Agency • US Immigration & Customs Enforcement • US Maritime Administration • US Marshals Service • US Nuclear Regulatory Commission 6 TWIC & Law Enforcement Officials & Other Regulatory Agencies • • • Law enforcement officials at the State or local level, are not required to obtain or possess a TWIC to gain unescorted access to MTSA regulated facilities. State and local law enforcement officials may use this exemption in the course of their official duties A law enforcement official for the purpose of TWIC to be any officer or employee of any agency or authority of the United States, a State, a commonwealth, a territory, a political subdivision of a State or territory, or an Indian tribe, who is empowered by law to: – Investigate or conduct an official inquiry into a potential violation of law; or – Prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law; – and is doing so while acting in their official capacity. 7 TWIC & Law Enforcement Officials & Other Regulatory Agencies • State environmental officials and others with regulatory enforcement responsibilities at the State and local level who meet these criteria are not required to obtain a TWIC to gain unescorted access. However, they may voluntarily obtain a TWIC. – State and municipal fire departments and their officials who require access to secure areas of MTSA facilities for regulatory inspections in conjunction with their official duties fall within the definition given above, and as such are not required to obtain a TWIC or be escorted, as they are considered law enforcement officials. However, they may voluntarily obtain a TWIC. 8 Secure Areas & Restricted Area Definitions • A Secure Area: The area over which an owner/operator has implemented security measures for access control to reduce the probability of a Transportation Security Incident (TSI). • A Restricted Area: The infrastructures or locations identified in an area, vessel, or facility security assessment or by the operator that requires limited access and a higher degree of security protection. • A public, passenger, or employee access areas: These areas are not part of the secure area and cannot be in a restricted area. The rules do not require people to have a TWIC to be in public, passenger, and employee access areas. 9 Non-TWIC Holders on MTSA Facilities • • If an individual does not have a TWIC he or she will not be eligible for unescorted access to secure areas. If someone is found without a TWIC, contact the Facility Security Officer and determine if they are under escort. If there is no escort, contact the local Coast Guard Office. 10 Escorting • “Escorting” means ensuring that the escorted individual is continuously accompanied while within a secure area in a manner sufficient to observe whether the escorted individual is engaged in activities other than those for which escorted access was granted. • This can be accomplished through monitoring or physical, side-by-side accompaniment. • Secure areas that are not also restricted areas • Monitoring or side-by-side accompaniment (1:10) • Secure areas that are also restricted areas • Side-by-side accompaniment (1:5) • All escorts must have a TWIC or equivalent 11 Acting as an Escort • Federal officials and law enforcement officials are authorized to escort non-TWIC holders within all areas of regulated facilities or vessels in the course of their official duties, particularly when the facility or vessel is one leased or used by a federal agency. Owners and operators will not be penalized for allowing federal and law enforcement officials to escort non-TWIC card holders. Escorting by federal and law enforcement officials shall be accomplished utilizing monitoring or side-by-side physical accompaniment as appropriate for the area where the escorting is to take place 12 Using TWIC as a Visual Identity Badge • The TWIC will be used as a visual identity badge or “flash pass”. • Verification must include a visual check of the security features present on the TWIC to ensure that the credential has not been forged or tampered with. • The individual conducting the verification of the TWIC must possess a TWIC. • The TWIC should be kept on the person or in a location where it can be retrieved with in a reasonable time (approximately 10 minutes) and must be presented when requested by owners/operators, security personnel, or authorized agency representatives. 13 TWIC does not Guarantee Access • Note that any one of the groups listed on the previous slide may use unescorted access authority for official duties only. Also, in an emergency, these groups must follow the owner/operator’s approved vessel and facility security plans. • No one may go into a secure area unless the owner or operator authorize it – even if the person has a TWIC. – Even if the person has a TWIC. To be in a secure area, a person without a TWIC must be “escorted.” That means the person must be with someone who has a TWIC or be “monitored” under our rules. Everyone in a secure area must have your permission to be there. 14 USCG and TWIC • USCG enforces the TWIC program as an access control measure. We incorporate compliance with the TWIC program into current inspection policies. We have the following responsibilities. • Give guidance and assist industry to implement the TWIC program. • Make annual compliance inspections. • Spot-check vessels and maritime facilities to ensure they have working TWIC programs, check fingerprints, and match biometrics on TWICs. • Review Vessel Security Plans (VSPs) and Facility Security Plans (FSPs). In the future, we will include review to make sure TWIC is part of an overall security program. • Work with local groups to make sure people know when to comply, where to enroll, and how to get any other useful information. • Work with vessel and maritime facility inspection teams and industry staff to make permanent security improvements. • In some cases, respond to reports of invalid or false TWICs. 15 Enforcement • • CG spot checks with or without hand held biometric readers can include: – Identity Verification • Biometric match or photo comparison – TWIC Validity • Electronic comparison against hot list or check of printed expiration date; – TWIC Authenticity • Electronic check of digital certificate or physical observation of security features If an individual presents a TWIC that an owner/operator believes is fraudulent, he/she should: – Deny the individual unescorted access to secure areas; – Check another ID; – Call the COTP and inform them that you suspect a fraudulent TWIC. 16 TWIC Program Help Desks & Hotlines TSA website – WWW.TSA.GOV/TWIC Enrollment information Deployment Schedule (when finalized) Enrollment Contractor – Phone - 866-DHS-TWIC USCG website - HOMEPORT.USCG.MIL Final Rulemaking NVIC FAQs USCG Helpdesk – Phone - 877-687-2243 (877-MTSA-AID) Email – USCG-TWIC-HELPDESK@USCG.MIL Sector NY Shoreside Compliance Branch Phone- 718-354-4286 Email- Tiffany.A.Johnson@uscg.mil 17