U.S. maritime unions including the SIU last month continued urging Congress to take them up on a safe, straightforward idea that would allow seafarers to comply with the Transportation Worker Identification Credential (TWIC) program by simply obtaining a merchant mariner document equipped with a biometric component.Meanwhile, the TWIC program lurched forward as the Coast Guard in early July issued a 63-page Navigation and Vessel Inspection Circular (NVIC) covering its implementation in the maritime sector. The NVIC’s purpose is to provide guidance and clarifications about the TWIC program. The NVIC did not include an enrollment schedule, but reportedly will be updated as dates become known.
Barring changes in the program, U.S. mariners will be required to obtain a TWIC by Sept. 25, 2008.
But shipboard and shoreside unions on July 12 reiterated their position that the new card is overkill for some employees in the maritime sector who already undergo background checks before they can go to work. In joint testimony submitted to the House Transportation and Infrastructure Committee’s Subcommittee on Coast Guard and Maritime Transportation, the SIU, MM&P, MEBA, ILA, ILWU, AMO, SUP and MFOW in part said, “All the maritime unions have a vital interest in, and an unwavering commitment to, the enhancement of America’s maritime security. We want an effective and realistic system for controlling access to facilities and vessels because our members are on the front lines. The members of our respective organizations will almost certainly be among the first American citizens directly affected, injured and killed in the event of such an incident or breach of maritime security. Therefore, we desire to be regarded by our government as an ally here at home, in the same way that we sail and work in support of our armed forces overseas in the war against terror.
“At the same time, we have another obligation to our nation: to safely and economically move America’s foreign and domestic commerce. We strongly believe strengthening maritime security and facilitating the movement of cargo to strengthen our economic security are not mutually exclusive goals and objectives. Rather, we can achieve both goals provided the Transportation Security Administration (TSA) understands that a poorly designed and implemented program will unnecessarily burden our industry and seriously diminish our ability to do our jobs without providing any real maritime security benefits to our nation.”
The unions also repeated their call to combine the TWIC with the existing merchant mariner credential, also called an MMD or a z-card. “Currently, when an individual submits an application to the Coast Guard for evaluation for an MMD, he must include a copy of proof of citizenship and establish proof that he has a Social Security Number,” the unions point out. “The individual must further undergo a drug test, and is also fingerprinted so that the Federal Bureau of Investigation can perform the necessary criminal background checks. Finally, the individual must agree to a check of the National Driver Register so the Coast Guard can determine if there are any offenses relating to the operation of a motor vehicle which may render the individual unsuited for the duties and responsibilities associated with shipboard employment.
“We believe that the merchant mariner document (MMD) that is currently issued to seafaring personnel should be updated in order to comply with the requirements of the MTSA in order to allow the MMD to serve as a TWIC for all merchant mariners, licensed and unlicensed. We believe that the MMD can and should be upgraded to include the biometric identifier standards of the TWIC and that a combined MMD/TWIC should be issued after the requirements of both statutes are met. Doing so, and giving the Coast Guard exclusive jurisdiction to provide the requisite background checks, will eliminate the need for two or more Federal agencies to perform separate background checks; will eliminate redundancies in the vetting process; will streamline the credentialing process for mariners; and will eliminate the need for mariners to carry more than one Federal identification credential for maritime employment.”
U.S. Rep. Elijah E. Cummings (D-Md.), chairman of the subcommittee, stated, “We must ensure that we put all needed security measures in place at our ports and throughout our maritime installations—but we must also ensure that these measures do not place an undue burden on the maritime industry, interfere with the flow of commerce, or lead to the unfair treatment of workers. Further, we must ensure that the measures that are put in place make sense and that they counter the real threats we face rather than simply denying job opportunities to those who do not in any way threaten our nation’s security.”
Cummings said that he and others on the subcommittee are “deeply frustrated with the questions that remain unanswered about this credential. Of particular concern are questions regarding the installation and use of the readers that are needed to enable the TWIC to be used to control access to secure locations as well as questions about whether the Transportation Security Administration (TSA) and the Coast Guard will truly be able to issue a TWIC to all mariners who need one by September 2008.”
The subcommittee is scheduled to reconvene in three months to receive a progress report from the Coast Guard and from the TSA regarding the program’s implementation.
Meanwhile, the NVIC included the following points:
- TWIC holders will be required to choose a six-digit PIN which will be used during Coast Guard inspections and spot checks. The PIN can be used as the primary verification tool “if the biometric is inoperative.” However, during those inspections and spot checks, the agency intends to use handheld biometric readers to verify that the card is valid and
- Enrollment and issuance of the TWIC will be carried out by the TSA. Enforcement of the TWIC as an access control measure in the maritime sector will be carried out by the Coast Guard.
- A notice will be published in the Federal Register to announce when enrollment begins in each captain of the port zone. The phased-in schedule shouldn’t affect mariners prior to September 25, 2008, since their MMD will serve as a TWIC until that date.
- Possession of a TWIC does not guarantee unescorted access to secure areas; permission must be granted by the vessel or facility owner/operator.
- Individuals can apply for a TWIC and ask for a waiver if they know they don’t meet “the standards concerning criminal activity or mental capacity, or [are] in Temporary Protected Status at the time of enrollment.” In those cases, “the applicant should annotate by initialing they are applying for a waiver on the ‘TWIC Application Disclosure Form.’ If the applicant becomes aware that he or she does not meet the standards concerning criminal activity or mental capacity when TSA issues an Initial Determination, the applicant may apply for a waiver at that time as well.”
- The enrollment process consists of 5 components: pre-enrollment (optional), enrollment, fee collection, security threat assessment and notification of the results, and issuance of the TWIC to the applicant. The time from enrollment to credential availability is expected to take fewer than 30 days, not including potential appeal or waiver processing. If the security threat assessment does not reveal any questionable or negative information about an individual, the process is expected to take fewer than 10 days.
- All applicants will receive a TWIC Application Disclosure Form which must be signed in the presence of the enrollment personnel under contract to TSA at the beginning of the enrollment process.
- They re-post the application fees: $137.25 for individuals requiring a security threat assessment, $105.25 for the rest. Payment may be made by cashier’s check, money order or credit card. Also the card replacement fee, currently set at $36, may be increased to $60.
- The “TWIC Help Desk” has a toll-free number offering around-the-clock service: 866-DHS-TWIC (347-8942). “Assistance includes help for enrollment, lost, stolen, or damaged cards, PIN resets (note: an applicant will have 10 tries to get their PIN correct before needing to have the PIN reset), etc. Assistance is also available for scheduling enrollment appointments, locating the closest enrollment facility to an applicant, and guiding applicants through the web-based pre-enrollment process. Both TSA (571-227-4545) and the Coast Guard (877-687-2243) will have a help desk in order to address calls that do not come directly through 1-866-DHS-TWIC.”
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