TWIC Impact, Requirements and Efficiencies

Written by Tim Kornegay

The Transportation Security Administration (TSA) has recently estimated that as many as 1 million maritime workers may be required to obtain a Transportation Worker Identification Credential (TWIC). While TWIC represents a step toward heightened security, many have expressed concerns about the impact it may have on industry.

TWIC is a common identification credential that will be required for all personnel seeking unescorted access to secure areas of Maritime Transportation Security Act (MTSA) regulated facilities. All MTSA facilities will be required to comply with the final TWIC rule by September 25, 2008.

The largest impact TWIC could have on industry is with respect to the labor force. Any worker without a TWIC entering a secured area of an MTSA facility must be escorted. As a result, additional personnel will be needed.

Because TWIC is still in the implementation phase, precisely how many workers will apply for, or be eligible to receive a TWIC remains unknown. TWIC eligibility is restricted to citizens, nationals, lawful permanent residents, refugees, asylees, lawful non-immigrants with unrestricted work authorization, and certain professionals with restricted work authorization of the United States . Further, individuals applying for a TWIC are assessed based on criminal history records, terrorist watch lists, and immigration status. An individual without lawful presence, determined to lack mental capacity, or having been convicted of certain crimes will be ineligible for a TWIC.

The inability to qualify for a TWIC precludes a worker from accessing secure areas of MTSA facilities without an escort. This, in turn, could put pressure on the availability of "TWIC-cleared" port workers and may even result in labor shortages. According to Steven E. Roberts, P.A., a law firm that practices homeland security law and regulation, "personnel surety continues to be a significant homeland security issue, and TWIC represents the first attempt to screen hundreds of thousands of workers in a uniform manner. While there is a redress procedure for those who fail to qualify for a TWIC, that process has yet to be tested."

And, while the safety and security of our Nation's critical infrastructure takes precedence, MTSA facilities must be prepared for the possibility that these labor shortages may occur. The answer for many facilities could be found by applying the fundamental methodology behind the MTSA regulations as a whole -- the "risk based approach."

The TWIC requirements call for MTSA facilities to control access to "secured areas." Prior to the TWIC final rule, many MTSA facilities designated their entire facility perimeter as a "secure area." In light of the TWIC requirements, many facilities have reevaluated the costs and efficiencies of designating the entire perimeter as a secured area, and have considered a revised approach. By revising the Facility Security Plan (subject to Coast Guard approval), an MTSA facility can re-designate segmented "secure areas," thereby reducing initial and ongoing costs of TWIC compliance.

W hile the development of access control system requirements for TWICs are under way, facility personnel will be required to verify cards in the interim. As an alternative, many facilities are looking to integrate TWIC cards into their existing access control systems. Regulations allow a facility to use existing access control systems and cards as long as the TWIC is checked at least once before the card is reissued or accepted, and that only individuals with a TWIC can gain access to secure areas. As MTSA facilities are faced with the challenge of implementing TWIC, the fact remains that the use of a risk based approach creates greater efficiencies in meeting security requirements and offers some mitigation against possible labor shortages.