Coast Guard Now Requires ID to Access Regulated Maritime Facilities, ID Information for Screening Process

The Coast Guard states that these actions will improve national security by verifying maritime workers' identity, validating their background information, assisting transportation facilities in managing their security risks, and accounting for access of authorized personnel to transportation facilities and activities.

Acceptable Identification Credentials

According to the Coast Guard, acceptable forms of identification credentials include the following:

under 33 CFR 125.09:

a) a Merchant Mariner Document;

b) an Armed Forces Identification Card;

c) Federal law enforcement credentials;

d) Identification credentials issued to public safety officers.

(The Coast Guard notes it will not be issuing Port Security Cards at this time.)

additional identification credentials approved pursuant to 33 CFR 125.09(f):

a) For non-employees and employees of the facility, and longshoremen. For non-employees and employees of the facility, and longshoremen, a state-issued commercial driver's license with hazardous materials endorsement issued after May 31, 2005.

b) For non-employees of the facility excluding longshoremen. For non-employees of the facility, excluding longshoremen, a state-issued driver's license or identification card or a personal identification issued by the individual's employer, union or trade association; or a passport or commercial drivers license issued by Canada or Mexico.

c) For employees of the facility and longshoremen. For employees of the facility and longshoremen, facility-issued employee identification cards, a state-issued driver's license, or a personal identification issued by the individual's employer, union or trade association, provided the individual has been screened and has not been determined a threat.

The Coast Guard explains that for the purposes of this action, "facility employees'' include all permanent employees and long-term contractors. Contractors are considered to be long-term if they need regular access to the facility for a period in excess of 90 days.

As highlighted below, TSA will analyze the relevant information before determining whether or not an employee or longshoreman poses or is suspected of posing a security threat warranting denial of access to the port facility. Those persons that pose a security threat will not have approved identification credentials under 125.09(f) and must be denied access to Part 105 facilities.

TSA Begins Threat Assessment Screening of Facility Employees and Longshoremen

According to the Coast Guard, this threat assessment screening, as highlighted below, is only being used for facility employee and longshoreman credentials at this time because of their regular and constant access to the facility and their knowledge of its operations, as opposed to the infrequent access by other port workers.

ID information from facility operator or longshore union due by May 30, 2006. The Coast Guard states that in order to accomplish screening, the facility operator or longshore union (union) will immediately, but not later than May 30, 2006, provide certain identification information from the union, facility operator's or long-term contractor's existing files to TSA for each facility employee or longshoreman seeking to use as an identification credential a facility-issued employee identification card, a state-issued driver's license, or personal identification issued by the individual's employer, union or trade association. The necessary identification information is, as follows:

Legal Name (Last, First, Middle, suffix);

Date of birth (Month, Day, Year: 12121970);

Social Security number (optional, no dashes); and/or

Alien Identification number (if applicable).

Although the Coast Guard is providing up to 30 days for facility operators and longshore unions to provide the requested information, the COTP may contact the facility operator or union and request that such information be provided immediately. This information must be contained in a spreadsheet and submitted via the Coast Guard's Homeport Web portal at http://homeport.uscg.mil. (See Coast Guard notice for additional information on submitting data through the Coast Guard's Web portal.)

While TSA conducts background check, personnel allowed access to facilities. The Coast Guards states that for the majority of cases, threat assessment determinations of facility employees and longshoremen will be accomplished within 30 days of TSA's receipt of the information discussed above. While the assessment is being performed, personnel will continue to have access to the facility. Unless the facility operator or union receives a written document from TSA stating that TSA has made a threat assessment determination that a particular facility employee or longshoreman poses a security threat, that individual may be permitted access to the port facility.

TSA will check immigration status, but not criminal background history. The Coast Guard explains that TSA will examine various factors for the threat assessment of facility employees and longshoremen, but that the examination will not include a criminal history records check. TSA will check immigration status in the course of the threat assessment evaluation. Facility employees and longshoremen must be a citizen of the U.S., a lawful permanent resident of the U.S. as defined in 8 U.S.C. 1101, or hold an appropriate immigration status. The acceptable immigration statuses include individuals who possess valid evidence of unrestricted employment and are in a lawful nonimmigrant status, are a refugee admitted under 8 U.S.C. 1137, or are an alien granted asylum under 8 U.S.C. 1158. When verifying immigration status, TSA checks relevant Federal databases and may perform other checks, including verifying the validity of the applicant's social security number or alien registration number.

(See Coast Guard notice for additional details regarding the employee screening process including TSA's notification process for facility employees and longshoremen who are denied access to maritime facilities, opportunity to appeal TSA's decision, revocation notices for those that are identified as security threats, etc.

See ITT's Online Archives or 04/28/06 news, 06042830 for BP summary of DHS press release on this name-based background check (screening) and expediting of TWIC program.)

Coast Guard Contact - James Bull (202) 267-1630

Coast Guard Notice (USCG-2006-24189, FR Pub 04/28/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-4026.pdf