The Maritime Trades Department, AFL-CIO recently submitted formal comments concerning proposed rules for the issuance of a Transportation Worker Identification Credential (TWIC).The comments appear below and also are available on the MTD web site HERE
MTD Expresses Concern Over TWIC Regulations
The Maritime Trades Department, AFL-CIO joined with several of its affiliated unions to express concern with the Transportation Security Administration’s (TSA) proposed rulemaking regarding the issuance of a Transportation Worker Identification Credential (TWIC). In its comments filed with the TSA on July 6, the MTD noted that most of the items being considered by the TSA for background checks already were being provided by the U.S. Coast Guard when they issued Merchant Mariner Documents. The MTD also urged the TSA to provide more time for reviewing the implementation process before actually imposing it.
The full text of the MTD submission follows:
Maritime Trades Department, AFL-CIO
Comments regarding:
TSA Docket Number: TSA-2006-24191
USCG Docket Number: USCG-2006-24196
Transportation Worker Identification Credential (TWIC) Implementation
July 6, 2006
The Maritime Trades Department, AFL-CIO (MTD) consists of 24 international unions representing 5 million members. The unions of the MTD all have members who work directly or indirectly with the US-flag Merchant Marine and its related shoreside activities.
The MTD wishes to express our views on the proposed rulemaking that would implement a Transportation Worker Identification Credential (TWIC) within the domestic maritime industry. Such an implementation is of extreme importance to the men and women working within the US maritime industry.
First, let us repeat our call for an extension which we requested in an earlier submission. We believe that the original 45-day comment period is far too short for such an extensive and far-reaching provision. We believe an extra 90 days is needed in order to fully understand and comprehend all the proposed changes that have been included in the Federal Register of May 22, 2006. Also, the extra 90 days would allow working mariners who are at sea an opportunity to comment.
However, because of the limited time that has been granted, the MTD would like to address the following points:
Merchant Mariner Document (MMD)
America’s merchant mariners already are among the most regulated and security vetted workers in any industry within the United States. These men and women already have to clear a security and criminal background check before they are issued their licenses and/or documents. We see no need for this procedure to be repeated with the issuance of a new TWIC document.
That being said, the MTD agrees with the concept that a biometric transportation security card – as mandated by the Maritime Transportation Security Act of 2002 – is needed. However, in the interest of efficiency and economics for both the mariner and the government, we believe the information required for such a biometric transportation security card can and should be adapted to a modified merchant mariner document. The present merchant mariner document already is recognized as a proper and legal form of identification around the world. Enhancing it with the biometric element will only make it a more acceptable and secure document.
Secondly, with the additional biometrics being added to the merchant mariner document, the need for states to implement their own security/identification document could be relieved. Today, the ports in some states – Florida is one example – require a separate identification card for access to their facilities. A universally recognized and accepted merchant mariner document with biometrics could and should take the place of a mariner being forced to carry multiple documents containing the same information for the various ports into which he or she may sail and work.
User Fees
The MTD believes the proposed rulemaking states the need for a TWIC is for national security reasons. Today, US mariners already pay a user fee for their merchant mariner document. The MTD states its objection to the added financial burden to mariners imposed by a user fee for a TWIC that repeats the security and criminal background check already performed by the US Coast Guard in issuing its merchant mariner documents. We believe this is an unfair financial burden that does not provide any additional benefit to the mariner. The TWIC is being implemented for national security and benefits the country. Therefore, such costs being imposed by TWIC implementation should be borne by the government. If national security is the rationale behind the TWIC requirement, then it differs little from governmental absorption of costs for security clearances that are conducted on individuals who are federal employees or private citizens being vetted for service on federal advisory committees.
Personnel Shortages
Proposing an additional 60-day waiting period for issuance of a TWIC before a merchant mariner document can be considered will aggravate the recruitment of new entrants into the industry, whether employed aboard US-flag ships or in some shoreside capacity.
The MTD proposes two ideas for easing such a crisis. One, if two separate documents becomes the norm, then allow the merchant mariner document vetting process to run concurrent with the TWIC vetting process. This would alleviate the delay created by having the TWIC vetting process run prior to that used for a merchant mariner document. The other idea seeks a temporary or interim document that would permit newcomers to the maritime industry to begin some type of work while a single background check, involving both security and criminal is being conducted.
Additional Concerns
A TWIC/merchant mariner document issued to American mariners must be compatible with the International Labor Organization’s Convention 185 so that the document will be accepted in foreign ports of call.
Mariners and workers who hold in their possession a valid TWIC document should be granted unfettered access to ports.
Any waiver or appeals case should be held before an Administrative Law Judge at a hearing on the record. It is not fair for a mariner’s only appeal to be before the same agency that originally denied such a document.
The MTD believes the listing of crimes that would disqualify a marine transportation worker from receiving a TWIC document must be pared in order to more fairly evaluate what constitutes an individual as a legitimate threat of terrorism activity. As an example, does a mariner whose only conviction was writing a bad check many years ago and has had an exemplary record since really deserve to be classified as a terrorism risk? Or should a mariner caught as a teenager with a controlled substance but has never been in trouble with the law for decades since also warrant denial of a document as a terrorism risk? The list as published is far too expansive and unfocused to be considered for such evaluations.
Finally, the MTD is very concerned that the proposed TWIC process once again vets and screens American merchant mariners who already have gone through such a process while implementing no additional security measures for foreign mariners sailing into US ports. We wonder why another costly financial and time-consuming system is needed when an almost identical procedure is in place within the maritime industry. American mariners have proven their ability and valor throughout the history of our country. That is why US military officials have long called the US Merchant Marine “the fourth arm of defense.”
The Maritime Trades Department, AFL-CIO appreciates having the opportunity to share our comments with the Transportation Security Administration and the US Coast Guard. We look forward to working with both agencies in implementing a fair and just procedure that enhances the nation’s homeland security while maintaining the free flow of commerce, which is vital to our country’s economic well-being.
###
Printer Friendly Page