S 3959 Introduced
TWIC-HME Applications
Last month, Sen Wicker (R,MS) introduced S 3959, the Transportation Security Screening Modernization Act. The bill would require the TSA to take actions (potentially including issuing an interim final rule) to streamline the procedures for individuals applying for or renewing enrollment in more than one TSA security threat assessment program, in particular, the TWIC and HAZMAT Endorsement programs. No new funding is authorized by the legislation.
This bill is very similar to HR 5840 that was introduced in the House on September 29th, 2024. No action has been taken on that legislation.
Differences From HR 5840
There are three very minor differences between the two bills. None are significant from a practical point of view but are sufficient to make them ‘related bills’ rather than ‘companion measures’. Those three differences are:
Section 2(a)(1) – Changed ‘two years’ to read ‘2 years’,
Section 2(c) – Changed ‘sections 551 to 559’ to read 'sections 551 through 559’, and
Section 2(e) – Changed the order of the two definitions from ‘TWIC’ and ‘HAZMAT endorsement’ to ‘HAZMAT endorsement’ and ‘TWIC’.
Definitions
Subsection 2(e) provides the definitions of two terms used in this bill. Both are defined by reference to existing statutes.
Streamlining
Subsection 2(a) of the bill requires TSA to initiate actions to streamline security threat assessment applications and renewals for individuals applying for more than one such threat assessment from TSA. It specifically requires these actions to apply to the Transportation Workers Identification Credential (TWIC) and the Hazardous Materials Endorsement (HME) assessments but does allow TSA to expand the actions to other TSA administered assessments.
The bill specifies the following streamlining requirements:
Permitting an individual to enroll at any TSA authorized enrollment center once for a threat assessment program endorsement and use the application, including associated biometric and biographic data, as well as information generated by TSA’s vetting, for one of such programs to enroll in any other of such programs,
Permitting an individual to visit any TSA authorized enrollment center and enroll in more than one TSA security threat assessment program at the same time for a fee that is less than the cumulative fee that would otherwise be incurred for each such program separately,
Permitting an individual to undergo a streamlined and expeditious renewal process,
Aligning the expiration of an individual’s successful, valid eligibility determination with the expiration of that individual’s eligibility to participate in subsequent TSA security threat assessment programs to which the individual applies,
Providing to States the expiration dates for each individual’s TSA security threat assessment to ensure a commercial driver’s license of an individual who holds a HAZMAT Endorsement does not indicate the individual is authorized to transport hazardous materials after the expiration date of the enrollment of the individual in the HAZMAT Endorsement security threat assessment program if such commercial driver’s license has an expiration date that is different from the expiration date of such enrollment, and
Enrolling an individual in a subsequent TSA security threat assessment program at the minimum cost necessary for the TSA to cover printing costs and costs associated with the collection of any additional biometric and biographic data.
State Requirements
Paragraph 2(a)(2) requires States to carry out the existing streamlining requirement under 49 USC 5103a. Presumably the crafters of this legislation are referring to §5103a(a)(1) which allows States to only allow individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the individual has undergone an HME security threat assessment of holds a valid TWIC.
Rulemaking
Subsection 2(c) provides that, if TSA determines that the changes required under this bill require a rulemaking to implement, that rulemaking would not require the formal publication and comment process to move forward. Further, if the TSA determines that additional streamlining actions are warranted, they would be allowed to implement them via an interim final rule, which would not require the publication of a notice of proposed rulemaking. Thus, this subsection streamlines the streamlining process.
Moving Forward
Wicker and two {Sen Fischer (R,NE) and Sen Tester (D,MT)} of his three cosponsors are members of the Senate Commerce, Science, and Transportation Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see the bill considered in Committee. I do not see anything that would engender organized opposition to the bill. I suspect that if the bill were to be considered that it would receive bipartisan support. As with most bills introduced in the Senate, this legislation is not politically important enough to take up sufficient for consideration under regular order.
COMMENTARY
TSA has already implemented some of the streamlining actions. If a TWIC applicant already has an HME (or a Free and Secure Trade card) they are eligible for a reduced fee TWIC ($93 vs $125.25) and the expiration of the two will be the same (the date for the earlier assessment).