The U.S. Senate has passed a bill that would streamline the TSA's background check program for commercial carriers.
Senate Bill 3959, the Transportation Security Screening Modernization Act of 2024, would cut redundant processes from the Transportation Worker Identification Credential and Hazardous Materials Endorsement programs. The bill now moves to the House of Representatives for consideration.
Two major industry organizations, the American Trucking Associations and National Tank Truck Carriers, voiced support for the bill.
“After years of paying the price for an inefficient credentialing system, relief is finally within sight for truck drivers and other essential transportation workers who keep our supply chain running,” ATA president and CEO Chris Spear, said.
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Redundant credential programs are a top regulatory issue for ATA and NTTC. The bill could ease carriers’ regulatory burdens.
The problem: Redundant DHS programs for carriers
The Department of Homeland Security runs several redundant background check programs through multiple agencies such as the Transportation Security Administration and Customs and Border Protection.
Under TSA, the redundant programs include the Transportation Worker Identification Credential and Hazardous Materials Endorsement. The background check programs both collect similar information and have similar enrollment processes, but they run independently of each other, have different processing times, and charge different fees.
TWIC and HME
DHS’s Transportation Security Administration manages two credentials that are key to intermodal and hazardous materials hauls.
TSA requires workers to have the Transportation Worker Identification Credential to access secure maritime facilities. This means carriers need to ensure their drivers have TWIC cards to access many ports. Drivers also need a Hazardous Materials Endorsement on their CDL to transfer hazardous materials.
A five-year TWIC enrollment costs as much as $125.25 per person, and an HME can cost as much as $86.50. The endorsements’ fees cost 25-50% less if the driver already has one of the two TSA endorsements.
To obtain either of the endorsements, applicants need to fill an online application, schedule an appointment, bring documentation to an application center, submit biometric information, and pay the fee. A driver would need to repeat this process for both credentialing programs.
The certification process can be lengthy. TSA estimates that HME application processing can take 45 to 60 days, while obtaining a TWIC card can take 60 to 70 days.
A single load could require both port access and hazardous materials certification. A driver may need to undergo two separate appointments, fees, and wait periods—each time submitting mostly redundant information to the same federal agency.
How legislators could solve the problem
The Transportation Security Screening Modernization Act would cut the redundancy of TWIC and HME enrollment. If passed, the bill would allow applicants to use only one application, fee, and in-person appointment when applying for both TWIC and HME. The single fee would cost less than the combined fees of both programs.
The bill only pertains to TSA’s TWIC and HME programs. Other DHS programs like Free and Secure Trade for Commercial Vehicles would still require separate, often redundant processes. The bill also maintains that TSA should only cut redundancies that would not impact national security.
Trucking industry support for the bill
For years, ATA and NTTC have pushed Congress to streamline background checks for drivers. Both organizations applauded the bill’s passage through the Senate.
“By streamlining the administration of these important programs, this bipartisan legislation will make it easier and less costly for hardworking Americans to obtain the credentials they need to do their jobs,” ATA’s Spear said. “We commend the members of Congress who authored this bipartisan bill to support truckers, and we look forward to working with them to ensure this bill becomes law by the end of this year.”
NTTC considers redundant credentialing programs a top legislative priority and also welcomes the bill.
“NTTC is fully supportive of the Transportation Security Screening Modernization Act, a commonsense solution to address time and financial burdens for credentialing tank truck drivers,” Will Lusk, director of education and government relations of NTTC, said. “On behalf of America’s tank truck carriers and fleets, the association is grateful for the leadership of Representatives Graves, Smith, Titus, Green, Carbajal, and Guest for spearheading H.R. 5840. At a time where truck driver shortages are affecting the deliveries of vital commodities, this bill provides much-needed relief that will ultimately benefit the American public at large.”
What’s next for the bill?
The proposal passed the Senate and now must pass the House of Representatives. If it clears Congress, the bill will make one more stop at the White House for approval or veto.
The bill received bipartisan support and passed the Senate with unanimous consent, giving it a relatively strong chance to clear its remaining legislative hurdles. Pending a transfer of Congressional and presidential power in just a few weeks, however, ratification may take a long time. With a new Congress, remaining bills would need to repeat their entire legislative process.
