On Aug. 23, the U.S. Coast Guard issued the final card access control reader rule for the Transportation Worker Identification Card (TWIC) — achieving an important milestone in the history of this long-awaited, commonly criticized, frequently investigated, but essential program (Read more: www.securityinfowatch.com/12251006).
Despite the misgivings of some government officials and budget and privacy “watchdogs” over the years about the costs associated with the TWIC program and its use of biometrics, the issuance of the TWIC Final Rule presents the promise of future opportunities for security industry suppliers serving the maritime transportation market.
That being said, Congress cannot help but once again exert its “oversight” responsibilities over TWIC rules, and legislative proposals threaten to modify the program when this credential is poised to become fully operational beyond its current “flash-pass” functionality. For some integrators eager to embrace TWIC, business opportunities may be unnecessarily delayed.
TWIC: A Brief History
It has been more than 15 years since a series of laws of various scope were enacted to increase federal attention toward hardening multiple modes of public transportation security, including the Aviation and Transportation Security Act (ATSA), the Maritime Transportation and Security Act of 2002 (MTSA), and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act).
As directed by the requirements of MTSA, the Transportation Security Administration (TSA) established the TWIC program — and security access control manufacturers and integrators instantly became technical advocates for this biometric credential intended to identify transportation workers requiring unescorted access to secure areas of maritime facilities or vessels.
From the Congressional authorization of the TWIC program in 2002, and the launch of the card electronic reader regulatory proceedings in March 2009, the Security Industry Association (SIA) supported the goals of the TWIC program and frequently provided comments to TSA and the Coast Guard as these agencies developed the rules to ensure electronic verification of this essential identity credential.
SIA’s Personal Identification Verification (PIV) Working Group, extended participation throughout the implementation of the TWIC Reader Pilot Program and subsequent evaluation of the pilot results. For access control stakeholders, the recent announcement by the Coast Guard is a significant market driver that provides federal government validation of the biometric card readers in the maritime environment debated since the conception of TWIC.
Impact of the New Reader Rule
Whether suppliers are new to this domain or have been following TWIC implementation for years, integrators and their manufacturer partners will have ample time to review and understand the provisions of the TWIC reader requirements rule, which is effective Aug. 23, 2018.
Some of the key requirements of interest to suppliers include the following provisions:
- A total of 525 “high risk” facilities found within “Risk Group A” would be covered under the new rule. That is only 16 percent of the approximately 3,270 facilities and 56 Outer Continental Shelf (OCS) facilities regulated by the Maritime Transportation and Security Act.
- Allows port operators and owners to fully integrate electronic TWIC inspection and biometric matching into a new or existing PACS. Owners and operators will not be required to use a TWIC reader on the TSA Qualified Technology List (QTL).
- Increases the exemption from TWIC inspection requirements to vessels with 20 or fewer TWIC-holding crew members. TWIC inspection applies to the process whereby the card is authenticated (checked against the Card Holder Unique Identifier or CHUID), validated (checked against the list of cancelled TWIC cards), and the individual’s biometrics are checked against his or her biometric stored on the TWIC.
Integrators can better prepare for potential opportunities within this market by developing expertise toward the unique elements of long-standing security plans required of vessels by the Coast Guard including information pertaining to security systems and equipment maintenance and security measures for access control, restricted areas, monitoring and handling cargo.
Legislative Changes on the Horizon
It is widely expected that Congressional oversight of various aspects of the TWIC program will continue beyond the effective date of the reader rule. Over the past several years, the DHS Inspector General and the General Accountability Office (GAO) have issued a number of stinging reports about the effectiveness of the TWIC program that have consistently drawn the attention of key legislators in Congress.
For example, the majority leadership of the U.S. House Homeland Security Committee has endorsed H.R. 3856, the “Border and Maritime Coordination Improvement Act.” This proposal by Congresswoman Candice Miller (R-MI) contains limited reform of the credential by preventing unauthorized immigrants from being able to acquire a TWIC, and it automatically terminates a TWIC on the same date that an individual holder’s visa will expire.
In the U.S. Senate, a far more sweeping legislative proposal impacting the TWIC program is under consideration after being unanimously passed by the House of Representatives. In April, the Senate Commerce, Science and Transportation Committee passed H.R. 710, the “Essential Transportation Worker Identification Credential Program,” which will mandate a comprehensive review of the TWIC program, thus creating more uncertainty for the program.
The Senate version of the proposed Essential TWIC program will prohibit DHS from issuing any additional TWIC rules until the DHS Inspector General affirms to Congress that its recommendations for improving the TWIC program were adopted.
If the bill is enacted into law, DHS will be required to issue an updated list of TWIC readers that will work with existing credentials. There is the possibility that H.R. 710 was introduced to indirectly delay the issuance of the card reader rule, force corrective action to address delays in TWIC enrollment centers expressed by thousands of transportation workers, and ensure harmonization of transportation security identification credentials issued by the government.
Now that the card reader rule has been issued, it will take further legislative action to block its implementation prior to the scheduled effective date or a different approach altogether such as has been suggested by Senate Commerce Committee Chairman John Thune.
In September, Chairman Thune and several of his Senate colleagues introduced the “Surface Transportation and Maritime Security Act” — a bi-partisan proposal for a broad review of TSA’s efforts to secure all modes of public transportation and thereby subject the TWIC program to more potential modifications. Among its provisions, this measure will require a third-party assessment of the TWIC program including calling for the potential of adopting a non-biometric credential as an alternative to the current program.
If enacted, the Thune legislation could turn the TWIC program on his head and effectively delay ROI for access control manufacturers who have invested considerable R&D resources dedicated to supporting the maritime sector with biometric card readers.
Impact on Integrators
All of this government activity and political posturing over TWIC may muddle the waters for security integrators; however, the good news is that absent any further legislative activity, implementation of TWIC card access control readers will move forward.
But keeping with the spirit of this highly unusual political season, cunning members of Congress will see to push through a myriad of legislative proposals after the elections before the “lame-duck” Congress comprised of many retiring and defeated office holders adjourn for the year. The aforementioned TWIC legislative proposals could receive action during this special legislative session before a new administration presents its new priorities next year.
Regardless of this legislative uncertainty, savvy integrators should study the card reader rule and enhance their offerings and outreach to “Risk Group A” maritime facilities with an eye toward new opportunities regardless of which candidate wins the upcoming presidential election.
Don Erickson is CEO of the Security Industry Association (www.siaonline.org).
