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GAO report highly critical of TWIC program.

by Douglas Gould on May 26, 2011

Well, we all bitched and moaned when the TWIC program came around. We whined and stamped our feet, but in the end, we all complied and paid our fees and made multiple trips to the TWIC centers. We asked “why” and never got a very satisfactory answer, so we manned up and went with the program.

There were many licensed mariners who just couldn’t believe that they were going to be required to get some kind of secure area pass/ID just to keep running a 6PAC fishing boat, or the Block Island launch for instance. Even more confused where the poor bastards with a license and no job; why would they need access to secure port areas when all they did was a few yacht deliveries every year?

“Because everyone has to have one” was the answer. The TWIC was forever connected to your Master’s License. No TWICie, no laundry.

Last week, the U.S. Government Accountability Office (GAO) released a report of their investigation into the overall effectiveness of the TWIC program. Here is the very first sentence of the report;

Internal control weaknesses governing the enrollment, background checking, and use of TWIC potentially limit the program’s ability to provide reasonable assurance that access to secure areas of Maritime Transportation Security Act (MTSA)-regulated facilities is restricted to qualified individuals.

further down, in the second paragraph-

Further, DHS has not demonstrated that TWIC, as currently implemented and planned, is more effective than prior approaches used to limit access to ports and facilities, such as using facility specific identity credentials with business cases.

D’OH!

Allow me to translate the government speak into plain old sailor talk; “The TWIC program was never properly designed to do anything other than piss off a bunch of licensed mariners. The assholes who set up TWIC were underway, not under command – and rushed the whole fucking program. Furthermore, as far as we can tell, the entire thing has done nothing but flood the bilges of DHS subcontractors with taxpayer money and hasn’t made our ports any safer than the way we used to do it.”

You can read the entire report if you have an hour and some good wine. If you don’t have that kind of ambition, just read the page of highlights, which begins “What GAO Found” on the second page.

Here are just a few of the choice words from the body of the report, with my comments in blue:

…our investigators conducted covert tests to assess the use of TWIC as a means for controlling access to secure areas of MTSA-regulated facilities. During covert tests of TWIC at several selected ports, our investigators were successful in accessing ports using counterfeit TWICs, authentic TWICs acquired through fraudulent means, and false business cases(i.e.,reasons for requesting access). It was easy to sneak in.

…the TWIC program’s internal controls for positively identifying an applicant, arriving at a security threat determination for that individual, and approving the issuance of a TWIC, are not designed to provide reasonable assurance that only qualified applicants can acquire TWICs.  This is actually huge. This doesn’t say that mistakes were made by employees of the TWIC program. This says that the program itself is not designed to assure only qualified individuals can get a TWIC. I find this the most damming sentence in the entire report.

As confirmed by TWIC program officials, there are ways for an unqualified individual to acquire an authentic TWIC. According to TWIC program officials, to meet the stated program purpose, TSA’s focus in designing the TWIC program was on facilitating the issuance of TWICs to maritime workers. Don’t worry about the background checks; just get the cards issued!

…TWIC program officials told us that control weaknesses were not addressed prior to initiating the TWIC program because they had not previously identified them, or because they would be too costly to address. “How the hell were we supposed know how to accomplish what the program is designed to accomplish? You know how much that would cost??”

…according to TSA officials, a primary reason for not requiring employer information be captured by applicant processes is that many applicants do not have employers, lots of self-employed captains out there and that many employers will not accept employment applications from workers who do not already have a TWIC… footnote on same page: TWIC is unlike other federally-sponsored access control credentials, such as the Department of Defense’s Common Access Card—the agencywide standard identification card—for which sponsorship by an employer is required. For these federal credentialing programs, employer sponsorship begins with the premise that an individual is known to need certain access as part of their employment. Further, the employing agency is to conduct a background investigation on the individual and has access to other personal information, such as prior employers, places of residency, and education, which they may confirm as part of the employment process and use to establish the individual’s identity.

I could go on and on, but it’s too depressing. Read as much as you can stand below.

Final note. The GAO blasts the DHS and TSA in the report, leaving the USCG treading water on this, and correctly so; the USCG didn’t screw this up, TSA did.

Update: U.S. Rep. John L. Mica (R-FL), the Chairman of the U.S. House Committee on Transportation and Infrastructure, testified at a Senate Commerce, Science, and Transportation Committee hearing today during which the GAO report was released. Chairman Mica, one of the requestors of today’s GAO report, said,

“TWIC is turning into a dangerous and expensive experiment in security.”“Nearly half-a-billion dollars has been spent since TSA was directed to issue biometric security cards to transportation workers,” said Mica, who was chairman of the House Aviation Subcommittee in 2001 when the 9/11 terrorists attacks occurred, and is one of the authors of the legislation that created the TSA. “Yet today, ten years later and with no approved biometric reader, TWICs are at best no more useful than library cards,”

Except, library cards are free….

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High Crimes and Misdemeanors

by Douglas Gould on April 2, 2010

Mistakes can have consequences – legal consequences. On the one hand, you might loose your license:

License Suspended In Fatal Parasail Incident

“We hope that this case involving poor judgment and risky behavior is a wake-up call to all mariners, whether commercial or recreational. We enforce our regulations to safeguard the lives and well being of mariners and the public….” USCG

… unless of course you don’t have a license:

Miami Beach man cleared in deadly Columbus Day boating accident.

After an exhaustive investigation, [state] prosecutors on Monday dropped a misdemeanor charge of violating navigational rules against Roland Desrochers, who skippered one of four boats involved in the fatal wreck.

You know, there has been a debate for years about whether a licensed mariner might be held to a higher standard [see my earlier post on that here] than a layman, and I think these two cases illustrate that there is indeed a difference, if only from the USCG’s point of view. The parasail incident involves a licensed captain, and the USCG suspended his license for one year. The single death in this case was caused by stupid behavior on the part of the dead guy – not directly related to the actions of the captain, other than the captain allowed the fool to violate some parasail safety guidelines.

In the Miami incident that killed 2 people, there is some strong evidence that a number of very basic Rules of the Road were violated, not to mention that Club Nautico, a boat rental company, assigned a 16 year old employee to act as a towboat captain. I don’t even see that the USCG was mentioned as party to the investigation. Not that there wasn’t oodles of poor judgment and violations of the regulations to investigate. Improper lights, unlicensed mariners, unsafe speed, failure to keep lookout… yadda yadda. The Coasties were called to the scene originally, so they must have known about the accident.

Read the USCG quote again in light of these two recent fatal incidents. When they say “we enforce our regulations” I must assume that they are referring to regulations that allow them to suspend or revoke a mariner’s license, rather than regulations like the Rules of the Road. If they were really interested in “all mariners, whether commercial or recreational”, how do they explain their total absence from the Miami incident? Is it because there is no USCG issued credential for them to suspend?

The USCG didn’t go after the licensed captain for any criminal conduct, nor was that captain ever charged with a crime that I know of. They just suspended his license for a violation of the regs. Meanwhile, the Miami story mentions criminal prosecution by the state District Atty, and the USCG doesn’t seem interested. You would think that if the conduct was serious enough to warrant criminal investigation, that the USCG might just want to have a look to see if any regulations had been violated.

You would think…

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TWIC Final Notice

I think we’re all up to date, but the deadline nears….please pass this on to all the hold-outs and doubters out there who still don’t think they need a TWIC. There is still one thing missing from all the notices disseminated by the USCG so far: what is the penalty for non-compliance? I have yet [...]

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February 17, 2009 Read the full article →

Future Merchant Mariner Credential?

With the mandatory imposition of the TWIC, we heard some discussion about the future of the Merchant Mariner Credentials. Credentials are Licenses (like 100 ton or OUPV), Certificates (like STCW), Endorsements (like Radar), and the like. Basically, a Credential gives you the authority to preform certain duties, or proves your proficiency in training for certain [...]

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January 14, 2009 Read the full article →

Reduced TWIC fees for Recent License Renewals

Did you know that if your current USCG license was issued after Jan 13, 2006, you’re eligable for a reduced “security threat assessment”?From the TSA TWIC page FAQs: A reduced fee of $105.25 will be made available for applicants who will not require the security threat assessment. The reduced fee is available for the following:>applicants [...]

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March 24, 2008 Read the full article →

A Very TWICilicious Page

Maybe I’m spending too much time surfing the net, but I can’t believe how much BS and just plain bad information is running around concerning the requirement for a Transportation Worker Identification Credential (TWIC). I put together all my links and research onto a single webpage: Doug’s TWICilicious Page. Most of my readers are up [...]

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March 21, 2008 Read the full article →