Background Checks on Hazmat Truck Drivers

As of January 2004

23 Jan 04 2

Legal Requirements

• USA PATRIOT Act (Enacted: October 2001)

– No State may issue a hazmat endorsement unless DOT (delegated to DHS/TSA) determines that the driver does not pose a security threat

– Background check must include “relevant criminal history databases”; if an alien, immigration status; and relevant international databases

• Safe Explosives Act (Enacted: November 2002)

– Prohibits transport of explosives by felons, aliens (with certain exceptions), those with mental defects, those addicted to controlled substances, fugitives from justice, persons dishonorably discharged from the US military, and former US citizens who have renounced their citizenship

– Violators subject to criminal prosecution (imprisonment, substantial fines)– ATF/DOJ responsible for enforcing the program unless DOT (who has delegated

authority to DHS/TSA) exercises authority over subject

23 Jan 04 3

History of Program to Date• 5 May 2003 IFR

– Enabled TSA, prior to 3 Nov. 2003, to conduct name based criminal history records checks (CHRC) and “terrorist focused” checks on all drivers (3.5 million drivers nationwide)

– Terrorist focused checks based on:• Basic data sources [watch lists (TSC), Interpol, SAVE (ICE), NCIC Wants & Warrants]• Advanced terrorist threat analysis

– Beginning 3 Nov. 2003, States transmit fingerprints to FBI for CHRC; TSA adjudicates fingerprint-based CHRC and terrorist focused check results and processes appeals and waiver requests

• October 2003 TSA obtained authority to levy fees for cost of conducting background checks

• 5 May 2003 IFR, amended 7 Nov. 2003, made the following changes:

– Moved 3 Nov. 2003 fingerprinting start date to 1 April 2004– States may request extension to begin fingerprinting, but no later than 1 Dec. 2004

• Present Situation

– TSA developing Notice of Proposed Rule Making to establish fee amount• Must undergo review and comment• Fees cannot be imposed until fee regulation is complete

23 Jan 04 4

Program Issues

• TSA reallocated current resources to:– Develop system to make use of Commercial Drivers

License Information System (CDLIS) for acquiring data to conduct checks

– Gain connectivity through AAMVA for exchange of information

– Establish vehicle and means for adjudicating check results and handling appeals and waiver requests for a limited period of time

23 Jan 04 5

Present Situation• NPRM for fee under development

• System under development with deployment target date of 1 April 2004

• Resources being put in place to support check results and handling appeals and waiver requests for a limited period of time

• TSA program processes are now well defined

• TSA intent is to integrate like processes and requirements of multiple programs such as Hazmat and the Transportation Worker Identification Credential (TWIC):– Efficient use of resources– States and industry benefit when one TSA information request can serve

multiple check requirements

23 Jan 04 6

Moving Forward

• TSA will:– Place emphasis on communication with State

representative(s)• Does the State have fee authority?

• What are the legal impediments to implementing the program?

• Resource challenges– Fiscal

– Physical

• Consideration of Industry proposed solutions:– Fingerprinting & submission

– Fee collection & disbursement

23 Jan 04 7

Moving Forward

• Communication is key• Ultimate success will be tied to innovation

– Regulatory and industry stakeholders partnering for solutions

– All players sharing lessons learned

• The goal is a safer, more secure transportation system