| Eliminate Duplicative Background Checks for Commercial Truck Drivers |
| Agency |
Transportation Security Administration (TSA), Department of Homeland Security (DHS) |
| Submitter |
American Trucking Associations (ATA) |
| Nominated |
February 27, 2009 |
| Description |
Commercial truck drivers that require unescorted access to secure areas of ports, vessels, and other facilities are required to obtain a biometric identification card (called a Transportation Worker Identification Credential (TWIC)) from TSA. As part of the approval process for obtaining a TWIC, the driver must undergo a security background check by TSA, including a fingerprint-based check in the FBI’s National Crime Information Center database. If a commercial truck driver who holds a valid TWIC then applies for a Hazardous Materials Endorsement (HME) to their commercial driver’s license (to allow them to haul hazardous materials), the driver must undergo a second, identical security background check by TSA at a cost of nearly $100 per applicant. The submitter would like TSA to waive the duplicate security background check for HME applicants who already hold a valid TWIC. This change would be consistent with Section 1556 of the 9/11 Commission Act, which states that an individual who has a valid TWIC is deemed to have met the security background check required to obtain a HME. |
| Small entities affected |
Mandatory, federal fingerprint-based background checks on HME applicants began on May 31, 2005 and are valid for five years. It is estimated that as many as 1.5 million commercial truck drivers will hold a HME once the program is fully implemented in 2010. Therefore, as many as 300,000 commercial truck drivers apply for HMEs each year, and most of these 1.5 million commercial truck drivers qualify as or work for small businesses. |
| Regulatory burden |
Commercial truck drivers who hold a valid TWIC and then apply for a HME are required to undergo a second, identical security background check by TSA as part of the HME application process. This duplicate security background checks cost nearly $100 per applicant. Since it is estimated that some 300,000 commercial truck drivers will apply for a HME each year, the cost of these duplicate background security checks could be as much as $30 million each year (and $150 million over five years). |
| Proposed burden reduction |
TSA should revise its regulations to provide that an applicant for a HME who currently holds a valid TWIC does not have to undergo a second, identical security background check. As indicated above, this change would be consistent with Section 1556 of the 9/11 Commission Act, which states that an individual who has a valid TWIC is deemed to have met the security background check required to obtain a HME. |
| Small entity benefits |
The change would result in regulatory cost savings of up to $30 million annually (and $150 million over five years). |
| Status | This nomination has been submitted to TSA and DHS for review.
TSA informed Advocacy in a letter dated March 23, 2009, that the Agency is working to align the security threat assessments for the TWIC and HME programs. At present, TSA lacks the technical capability to make the programs fully integrated. Implementing comparability mechanisms is a priority for TSA.
|
| Advocacy contact |
Bruce Lundegren, advocacy@sba.gov |
