1. HAZMAT Threat Assessment Program
SEARCH Winter Membership Group Meeting
January 28, 2005
St. Pete Beach, FL

2. Background
TSA requires that truck drivers seeking to apply for, renew, or transfer an HME on their state-issued CDL undergo a security threat assessment, which includes a fingerprint- based FBI criminal history records check, an intelligence- related check, and immigration status verification.

3. Background
USA PATRIOT Act - Enacted by Congress following the September 11, 2001 terrorist attacks
Prohibits states from issuing a Hazardous Materials Endorsement (HME) on a Commercial Drivers License (CDL) without first determining whether or not an individual seeking to transport hazardous materials (HAZMAT) poses a security risk.
The Hazmat Threat Assessment Program was implemented by TSA to meet requirements of USA PATRIOT Act.

4. Overview Intelligence & Immigration Related Checks
Criminal History Records Check
Security Threat Assessment
Name-Based
Fingerprint-Based
(IRC)
(CHRC)
(STA)

5. Overview Hazmat Threat Assessment Program (HTAP)
Phase I – Summer 2004; TSA completed, with assistance from CBP, named-based checks on all 2.7 million Hazmat drivers.
DHS Secretary Ridge directed fingerprint-based criminal history record checks were to begin no later than January 31, 2005.
December 27, 2004; Deadline for states to declare option of using the TSA Agent or conducting collection of fingerprints, applicant information, and fees themselves.
January 14, 2005 – Final fee rule published; fee-funded program.
Phase II – January 31, 2005; FBI fingerprint-based CHRC, intelligence name check, and immigration status check for new HME applicants.
Phase III – May 31, 2005; Full participation to include new HME applicants, transfers, and renewals.

6. State Declarations WA NH VT ME MT ND MA OR MN ID RI SD NY WI WY MI CTNH VT ME MT ND MA OR MN ID RI SD NY WI WY MI CT PA NE IA NV NJ UT IN OH IL CO WV DE CA VA KS MO KY MD NC TN AZ OK DC NM AR SC
The deadline for States to declare whether they will use the TSA Agent to collect fingerprints and associated fees or conduct these services themselves was December 27, 2004.
34 States choose to use the TSA Agent and 17 choose not use TSA Agent. MS AL GA TX AK LA
States Using TSA Agent FL HI
States Not Using TSA Agent

7. State Declarations (including D.C.)
The pie chart on the left depicts the breakdown of State declarations, which includes D.C.
The pie chart on the right shows the percent of driver population using the TSA Agent or State collection method.
State
TSA Agent

8. Percent of Driver Population using TSA Agent
State Declarations
Percent of Driver Population using TSA Agent
State
TSA Agent

9. States Using TSA Agent Hawaii Idaho Louisiana Maine Massachusetts
Michigan
Missouri
Montana – NFF
Minnesota
Nebraska
Nevada
New Hampshire
New Jersey – NFF
North Carolina – NFF
North Dakota
Ohio
Oklahoma – NFF
Oregon – NFF
Rhode Island
South Dakota
Utah
Washington
West Virginia
Wyoming
Alaska
Arizona
Arkansas
California
Colorado – NFF
Alabama
Connecticut DC
Delaware
Georgia

10. States Not Using TSA Agent
Florida – NFF
Illinois
Indiana
Iowa
Kansas
Kentucky
Maryland
Mississippi
New Mexico
New York
Pennsylvania
South Carolina
Tennessee
Texas
Vermont
Virginia
Wisconsin

11. Fee Structure TSA Agent (HAZPRINT) State
Information Collection Fee ($38)
Information Collection Fee (State Determined)
TSA Threat Assessment Fee ($34)
TSA Threat Assessment Fee ($34)
FBI Fee ($22)
FBI Fee ($24)

12. Fee Structure TSA Agent: States not Using TSA Agent:
(1) Information Collection and Transmission Fee: $38
(2) Threat Assessment Fee: $34
(3) FBI Fee: $22
Total fee: $94.
States not Using TSA Agent:
(1) Threat Assessment Fee: $34
(2) FBI Fee of $24 (provides $2 handling fee/surcharge by the state)
(3) State fees of collecting and transmitting fingerprints and applicant may vary from state to state.

13. HAZPRINT Collection Sites
Integrated Biometric Technology, Inc.
Examination Management Services, Inc. Sites (EMSI)—anticipate most IOC fixed units housed at EMSI sites
IBT and
HAZPRINT Collection and Processing Services
Trucking Companies—upon request, IBT will accommodate large companies by going on their site(s) and printing
Truck Stops—as approved by TSA, utilize these sites upon negotiation with truck stop owners after IOC
Law Enforcement—provide some live scans in State police locations or local law enforcement, as requested
The TSA Agent is using Integrated Biometric Technology (IBT) to collect biographical information from drivers for processing threat assessment.
IBT and its associated partners are collectively known as HAZPRINT.
IBT plans on offering number fixed and flexible collection sites including truck stops and independent companies.
Other—along with partners, other possible locations and options available

14. Appeal Process Appeal Process Complete
Applicant submits appeal request and supporting documentation
Appeal sent to appropriate official of TSA for signature
Contract Adjudicator makes initial appeal assessment
Favorable adjudication, TSA issues “Determination of No Threat Assessment” to applicant and State
Process Complete
Appeal
If received within 30 days after Date of Service, OTVC reviews appeal request
Federal Adjudicator reviews appeal assessment
Unfavorable adjudication, “Appeal Denied” sent to applicant from TSA. IDTA becomes FDTA; State and Employer notified
An applicant initiates an appeal by providing TSA with a written request for the releasable materials upon which the Initial Determination was based, or by serving TSA with his or her written reply to the Initial Determination.
Upon issuance of IDTA, applicant has 30 days after Date of Service (TSA mailing date plus 15 calendar days) to submit appeal to TSA.
A favorable adjudication of appeal yields a “Determination of No Threat Assessment” to applicant and State.
An unfavorable adjudication of appeal yields a “Appeal Denied” letter sent to applicant and State and employer notified.

15. Waiver Process Waiver Process Complete
Federal Adjudicator sends to Hazmat Program/OCC for review and obtain signature of Assistant Administrator
Applicant submits waiver request and supporting documentation
Favorable adjudication, TSA issues “Determination of No Threat Assessment” to applicant
Contract Adjudicator makes initial assessment
Process Complete
Waiver
OTVC reviews information in Document Management System (DMS)
For TSA to consider a waiver request, an applicant provides mitigating circumstances and other information to be reviewed by the OTVC Hazmat Threat Assessment Program.
OTVC may grant itself an extension of time for good cause during the waiver request process.
A favorable adjudication of a waiver request yields a “Determination of No Threat Assessment” to applicant and State.
An unfavorable adjudication of appeal yields a “Waiver Denied” letter sent to applicant.
Unfavorable, TSA generates “Waiver Denied” letter
Federal Adjudicator reviews assessment