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15 CHAPTER 3 Findings and Applications Identified Credentials The Commercial Driver's License (CDL) was first intro- duced in 1986 through the Commercial Motor Vehicle Safety The literature search, in combination with TAG advise- Act of 1986 (CMVSA), and did have restrictions on the opera- ment, resulted in identification of 19 credentials related to tion of commercial motor vehicles (CMVs) transporting haz- persons who transport hazardous materials. For many of ardous materials. These restrictions were knowledge- and these credentials, their applicability extends beyond the capability-based, and did not include a threat assessment. transport of hazardous materials; however, each credential Although the CMVSA was enacted in 1986, it was not until identified was required of a person who transported haz- 1992 that drivers were required to have a CDL to operate some ardous materials across the various transportation modes. vehicles.(8) SENTRI was first introduced in 1995 as a method Two of the credentials (i.e., e-RAILSAFE and RAPIDGate) of increasing security and efficiency at border crossings. The are administered by private entities but were included in NEXUS program was next introduced in 2002 as a highway- Table 3-1 because they were identified by the Task 2 ques- specific program for pre-screening individuals for greater effi- tionnaire. These two credentials were not considered in any ciency at border crossings. In the same year, SIDA badges were further analyses. Table 3-1 lists the credential name, acronym introduced as a measure of security in airports. Several acts of or abbreviation (if applicable), issuing agency, and primary legislation in 2002 added new credentials or additional security transportation mode (other transportation modes may be programs to existing credentials, including the USA PATRIOT applicable in some cases). Act and the MTSA of 2002 (refer to the regulatory analysis sec- By transportation mode, seven credentials were designated tion for specifics). In 2003, to acquire an HME for a CDL began for marine, seven credentials were designated for highway, requiring a full security threat assessment. In 2004, USPS pub- two credentials were designated for air, and two credentials lished a management instruction indicating the necessary were designated for rail. One credential, the U.S. passport, was steps for screening highway transportation contract employ- considered equally applicable to all transportation modes. Fig- ees.(9) Also in 2004, the Florida State Legislature passed a bill ure 3-1 shows the chronological progression of the credentials enacting the FUPAC (Title 22 Ports and Harbors, Ch. 311, based on the first year of issuance (or, in some cases, the date Sec. 311.125 Florida Statutes). The FAST program and card of legislation first mentioning the program). were first implemented in 2005, based on the Trade Act of Due to multiple authorities issuing U.S. passports, in 1856 2002. The FAST card is designed to add a pre-screened layer of Congress enacted legislation providing full authority to the security to cross-border highway freight transportation.(10) In State Department to be the only legal entity to issue U.S. pass- 2006, the U.S. military began issuing the CAC to contractors ports.(7) In 1938, the United States Merchant Marine Acad- accessing their facilities, including truck drivers who may be emy was founded and became the first federal government hauling hazardous materials. By 2007, the NEXUS program entity to issue the Merchant Mariner License. By 1941, the was extended to include air transportation, although the intent Defense Entry and Departure Act required U.S. citizens to use of the program was relatively unchanged. In 2007, the SIDA a passport when traveling abroad. In 1978 in London, the Inter- badge vetting process was changed to include the TSA security national Maritime Organization (IMO) adopted the Interna- threat assessment prior to issuing a badge (as opposed to the tional Convention on Standards of Training, Certification, and original process of the airport issuing the badge before provid- Watchkeeping for Seafarers (STCW). The IMO adopted a ing TSA with the information to perform the security threat major STCW revision in 1995. assessment).(11) By 2009, both the MMC and the TWIC had
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16 Table 3-1. Identified credentials related to hazmat transportation workers. Name Acronym Issuing Agency Mode Transportation Worker Identification TWIC TSA Marine Credential Merchant Mariner MML United States Coast Guard (USCG) Marine License Merchant Mariner MMD USCG Marine Document Merchant Mariner MMC USCG Marine Credential Standards of Training, Certification, and STCW International Maritime Organization/USCG Marine Watchkeeping for Seafarers Florida Uniform Port Florida Department of Highway Safety and FUPAC Marine Access Credential Motor Vehicles Local Port IDs N/A Local Port Authority Marine Security Identification SIDA Individual Airport Authorities Air Display Area Badge Pilot's License N/A FAA Air e-RAILSAFE N/A e-VERIFILE.COM, Inc. Rail Engineer's License N/A FRA Rail Commercial Driver's License with HazMat CDL-HME States/TSA Highway Endorsement Free and Secure Trade FAST Customs and Border Protection (CBP) Highway Card United States Postal USPS United States Postal Service (USPS) Highway Service Credential NEXUS N/A CBP Highway Secure Electronic Network for Travelers SENTRI CBP Highway Rapid Inspection U.S. Passport N/A U.S. State Department All RAPIDGate N/A Eid Passport, Inc. Highway Common Access Card CAC Department of Defense Highway been fully implemented.(12,13) The legislative authority for Prior to 1995, the majority of credentials were designed to both began in 2002 with the MTSA and continued with the ensure that the credential-holder possessed the necessary capa- Security and Accountability for Every Port Act of 2006 (SAFE bilities (e.g., MML, STCW, and CDL). The drastic increase in Port Act). the number of credentials after 1995 reflects, at least in some The timeline provides a visual representation of not only the part, the technological advances of communication (e.g., the time frame within which these credentials were developed and Internet), data collection techniques (e.g., online applications, implemented, but also a reflection of their functionality and digital photographs, digital fingerprints, etc.), and data storage changes to the security and communication environments. capabilities (e.g., database structures, encryption software, Passport CAC SENTRI NEXUS TWIC Passport STCW CDL HME SIDA 20 FUPAC MMC 02 20 200 03 20 2 09 04 07 1850 1940 1950 1980 1985 1990 1995 2000 20 2005 20 2010 USPS SIDA MML FAST NEXUS Figure 3-1. Credential timeline.