Transportation Security: DHS Should Address Key Challenges before
Implementing the Transportation Worker Identification Credential 
Program (29-SEP-06, GAO-06-982).				 
                                                                 
The Transportation Security Administration (TSA) is developing	 
the Transportation Worker Identification Credential (TWIC) to	 
ensure that only workers that do not pose a terrorist threat are 
allowed to enter secure areas of transportation facilities. TSA  
completed TWIC program testing in June 2005 and is moving forward
with implementing the program in the maritime sector by the end  
of this year. To evaluate the status of the TWIC program, GAO	 
examined (1) what problems, if any, were identified during TWIC  
program testing and what key challenges, if any, do the 	 
Department of Homeland Security (DHS) and industry stakeholders  
face in implementing the program; and (2) to what extent, if at  
all, did TSA experience problems in planning for and overseeing  
the contract to test the TWIC program. To address these issues,  
GAO interviewed DHS officials and industry stakeholders, reviewed
documentation regarding TWIC testing, and conducted site visits  
to testing locations.						 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-06-982 					        
    ACCNO:   A61614						        
  TITLE:     Transportation Security: DHS Should Address Key	      
Challenges before Implementing the Transportation Worker	 
Identification Credential Program				 
     DATE:   09/29/2006 
  SUBJECT:   Access control					 
	     Biometrics 					 
	     Contract oversight 				 
	     Employees						 
	     Facility security					 
	     Identification cards				 
	     Internal controls					 
	     Program management 				 
	     Secure areas					 
	     Strategic planning 				 
	     Testing						 
	     Transportation security				 
	     Stakeholder consultations				 
	     Transportation Worker Identification		 
	     Credential Program 				 
                                                                 

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GAO-06-982

     

     * Results in Brief
     * Background
          * TWIC Program History
          * Key Components of TWIC Program
          * TWIC Proposed Rule for Maritime Sector
     * DHS and Industry Stakeholders Face Challenges in Addressing
          * TSA Has Improved TWIC Enrollment and Card Issuance Processes
          * Industry Stakeholders Face Obstacles in Implementing TWIC Ac
               * Problems with Installing and Using Biometric TWIC Card Reade
               * Difficulties in Linking Biometric Card Readers to Facility A
               * TSA Did Not Test the Connection of Local Facilities to the N
               * Industry Stakeholders Concerned about the Cost and Security
               * DHS Recognizes Stakeholder Concerns Regarding TWIC Implement
          * Ensuring That the TWIC Program Balances Security and the Flo
               * Wait Times to Receive TWIC Cards
               * Potential Delays in Accessing Secure Areas
               * Stringency of Background Checks
               * Impact on Small Maritime Facilities and Vessels
     * Problems in Planning for and Overseeing the Contract to Test
          * Poor Planning by TSA in the Initial TWIC Testing Contract Co
          * TSA Did Not Ensure That Key Components of the TWIC Program W
     * Conclusions
     * Recommendations for Executive Action
     * Agency Comments and Our Evaluation
     * GAO Contact
     * Acknowledgements
     * GAO's Mission
     * Obtaining Copies of GAO Reports and Testimony
          * Order by Mail or Phone
     * To Report Fraud, Waste, and Abuse in Federal Programs
     * Congressional Relations
     * Public Affairs

Report to Congressional Requesters

United States Government Accountability Office

GAO

September 2006

TRANSPORTATION SECURITY

DHS Should Address Key Challenges before Implementing the Transportation
Worker Identification Credential Program

GAO-06-982

Contents

Letter 1

Results in Brief 5
Background 8
DHS and Industry Stakeholders Face Challenges in Addressing Testing
Problems and Ensuring Key Components of the TWIC Program Work Effectively
16
Problems in Planning for and Overseeing the Contract to Test the TWIC
Program 30
Conclusions 36
Recommendations for Executive Action 38
Appendix I Objectives, Scope, and Methodology 43
Appendix II Comments from the Department of Homeland Security 46
Appendix III GAO Contact and Staff Acknowledgements 52

Tables

Table 1: TWIC Program Funding from FY 2003 to FY 2006 (Dollars in
millions) 10
Table 2: Requirements of the TWIC Proposed Rule 14
Table 3: Facilities We Visited that Participated in the TWIC Testing 44

Figures

Figure 1: Overview of the TWIC Process Under the TWIC Proposed Rule 13
Figure 2: TWIC Enrollment Station Used during Testing 18
Figure 3: Fingerprint Based Biometric Card Readers Used during TWIC
Testing 20
Figure 4: Trucks Carrying Cargo through an Access Control Point at a Large
Maritime Facility 28

Abbreviations

ATSA Aviation and Transportation Security Act COTR contracting officer
technical representative DHS Department of Homeland Security FIPS Federal
Information Processing Standard HSPD Homeland Security Presidential
Directive MTSA Maritime Transportation Security Act OCS outer continental
shelf TSA Transportation Security Administration TWIC Transportation
Worker Identification Credential

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separately.

United States Government Accountability Office

Washington, DC 20548

September 29, 2006

The Honorable Susan M. Collins Chairwoman The Honorable Joseph I.
Lieberman Ranking Minority Member Committee on Homeland Security and
Governmental Affairs United States Senate

The Honorable Ted Stevens Chairman The Honorable Daniel K. Inouye
Co-Chairman Committee on Commerce, Science, and Transportation United
States Senate

The Honorable Peter T. King Chairman The Honorable Bennie G. Thompson
Ranking Minority Member Committee on Homeland Security House of
Representatives

Protecting the nation's transportation facilities, including seaports,
airports, and railroad terminals, from the threat of terrorism has taken
on special urgency in the post-September 11, 2001, environment. These
facilities are critical components of the U.S. economy and are necessary
for supplying goods throughout the country and supporting international
commerce. For example, the Ports of Los Angeles and Long Beach estimate
that they alone handle 43 percent of the nation's oceangoing cargo. An
attack at one of these port facilities could severely affect the country's
economy. About 6 million workers, including longshoreman, mechanics,
aviation and railroad employees, truck drivers, and others access secure
areas of the nation's estimated 4,000 transportation facilities each day
while performing their jobs. Some of these workers, such as truck drivers,
regularly access secure areas at multiple transportation facilities.
Ensuring that only workers that do not pose a terrorist threat are allowed
access to secure areas is important to preventing an attack.  In the
aftermath of the September 11, 2001, terrorist attacks, the Aviation and
Transportation Security Act (ATSA) 1 was enacted in November 2001 and,
among other things, requires the Transportation Security Administration
(TSA), an agency within the Department of Homeland Security (DHS), to work
with airport operators to strengthen access control points in secure areas
and consider using biometric access control systems to verify the identity
of individuals who seek to enter a secure airport area. In response to
ATSA, TSA established the Transportation Worker Identification Credential
(TWIC) program in December 2001 to mitigate the threat of terrorists and
other unauthorized persons from accessing secure areas of the entire
transportation network. 2 In November 2002, the Maritime Transportation
Security Act of 2002 (MTSA) 3 was enacted which, among other things,
required the Secretary of DHS to issue a maritime worker identification
card that uses biometrics, such as fingerprints, to control access to
secure areas of seaports and vessels. TSA intends the TWIC program to
satisfy the requirements of MTSA and to enhance access control security
across all modes of transportation.

The purpose of the TWIC program is to protect the nation's transportation
facilities from the threat of terrorism by issuing identification cards
only to workers who do not pose a terrorist threat and allow these workers
unescorted access to secure areas of our nation's transportation system.
To accomplish this objective, the TWIC program is to include background
checks on transportation workers to ensure they do not pose a threat to
security, collection of personal and biometric information to validate
workers' identities, issuance of tamper resistant biometric credentials
that cannot be counterfeited, verification of these credentials using
biometric access control systems before a worker is granted unescorted
access to a secure area, and revocation of credentials if workers are
found to pose a threat to security or if a card is lost or stolen.

In December 2004, we reported on the status of the TWIC program.
Specifically, we described the reasons TSA cited for continued program
delays and recommended that TSA develop plans to better manage the
project, identify risks to the program, and analyze the costs and benefits
of program alternatives. 4 TSA agreed with these recommendations.
TSA-through a private contractor-tested the TWIC program from August 2004
to June 2005 at 28 transportation facilities around the nation. In August
2005, the TWIC testing contractor submitted a report summarizing the
results of the TWIC testing to TSA.

1 Pub. L. No. 107-71, 115 Stat. 597 (2001).

2 TSA was transferred from the Department of Transportation to the new
Department of Homeland Security pursuant to requirements in the Homeland
Security Act of 2002 (Pub. L. No. 107-296, 116 Stat. 2135 (2002).

3 Pub. L. No. 107-295, 116 Stat. 2064 (2002).

Recently, the proposal to transfer control of the operations of various
U.S. port terminals to a foreign company heightened concerns regarding the
security of the nation's transportation system, specifically related to
access at ports. In response to these concerns, the Secretary of DHS
announced in April 2006 that the TWIC program had been delayed too long
and that DHS would accelerate implementation of the program beginning in
the maritime sector.  In May 2006, DHS issued a proposed rule that
describes the requirements of the TWIC program that the owners and
operators of maritime facilities and vessels would be required to
implement. The maritime industry was provided the opportunity to comment
on the proposed rule until July 6, 2006. In August 2006, DHS decided that
the TWIC program would be implemented in the maritime sector using two
separate rules in response to numerous maritime industry concerns about
whether the access control technologies necessary to operate the TWIC
program will work effectively. One rule will cover enrolling workers and
issuing cards and a second rule will cover implementing TWIC access
control technologies, such as biometric card readers. DHS plans to
finalize the first TWIC rule by the end of calendar year 2006, and the
second TWIC rule will be issued subsequently. TSA estimates that
implementation of the TWIC program in the maritime sector will cost the
federal government and transportation facilities about $800 million over
the next 10 years. TSA estimates that individuals applying to receive a
TWIC card will be charged a fee of $149. According to TSA, the agency is
considering implementing TWIC in other modes of transportation in the
future, but has not established a time frame for doing so.

To help Congress evaluate TSA's overall progress in implementing the TWIC
program, we answered the following questions: (1) What problems, if any,
did testing of the TWIC program identify and what challenges, if any, do
DHS and industry stakeholders face in implementing the program? and (2) To
what extent, if at all, did TSA experience problems in planning for and
overseeing the contract to test the TWIC program?

4 GAO, Port Security: Better Planning Needed to Develop and Operate
Maritime Worker Identification Card Program, GAO-05-106 (Washington, D.C.:
December 2004).

To answer these questions, we interviewed officials from the two DHS
components responsible for implementing the TWIC program, TSA and the
Coast Guard. Specifically, we interviewed these officials regarding the
development and implementation of the TWIC program, the results of tests
of the key components of the TWIC program, the challenges of implementing
the program, and the planning for and oversight of the contract to test
the TWIC program. To determine the goals and requirements of TWIC testing,
testing results, and status of the TWIC program, we obtained and analyzed
TWIC program documents, including program management plans, the contract
for testing the TWIC program, the final report on the test results, an
independent assessment of TWIC testing, and the TWIC proposed rule and the
corresponding regulatory impact analysis. We also reviewed applicable
laws, regulations, policies, and procedures to determine the requirements
for implementing the TWIC program. In addition, we interviewed TWIC
testing contractor officials concerning testing results, oversight
provided by TSA, and the independent assessment of TWIC testing. We also
interviewed officials from the contractor that performed an independent
assessment of TWIC testing. We also reviewed TSA policies and procedures
for contract oversight related to monitoring the performance of
contractors. We conducted site visits to 15 of the 28 facilities that
participated in testing the TWIC program in California, Delaware, Florida,
New Jersey, New York, and Pennsylvania to observe the operation of the
TWIC program at these facilities, obtain information on stakeholder
experiences related to the TWIC testing, and discuss any challenges
associated with implementing TWIC.5 We visited testing facilities in each
of the three testing regions, East Coast, West Coast, and Florida, as well
as locations representing three modes of transportation-maritime,
aviation, and rail. We attended three of the four public meetings held by
TSA and the Coast Guard in May and June 2006 to obtain industry comments
on the TWIC proposed rule and reviewed stakeholder comments submitted to
TSA and the Coast Guard during the rulemaking process. This work was also
informed by our prior reports and testimony related to TWIC, maritime and
transportation security, and TSA and DHS contracting practices. More
detailed information on our scope and methodology is contained in appendix
I. We conducted our work from August 2005 through September 2006 in
accordance with generally accepted government auditing standards.

5 We selected the 15 facilities based on geographic location, mode of
transportation, diversity of facility size, and area of business
operations.

                                Results in Brief

DHS and industry stakeholders face three major challenges in addressing
problems identified during TWIC program testing and ensuring that key
components of the TWIC program can function effectively. The first
challenge is enrolling and issuing TWIC cards to a significantly larger
population of workers in a timely manner than was done during testing of
the TWIC program. In testing the TWIC program, TSA enrolled and issued
TWIC cards to only about 1,700 workers, short of its goal of 75,000
workers. According to TSA and the testing contractor, lack of volunteers
to enroll in the TWIC program during testing and technical difficulties in
enrolling workers, such as problems obtaining workers' fingerprints to
conduct background checks, led to fewer than expected enrollments during
testing. TSA officials stated that the agency is using the testing
experience to make improvements to the enrollment and card issuance
process, which should address these problems during TWIC implementation.
For example, TSA plans to use an easier and faster form of scanning to
capture workers' fingerprints and is taking additional steps to ensure
that the process for enrolling workers and issuing TWIC cards is
efficient. Taking these steps should help TSA to address the problems
experienced during TWIC testing. While these actions should address the
problems that occurred during testing, during implementation, TSA faces
the challenge of enrolling and issuing TWIC cards to 750,000 workers at
3,500 maritime facilities and 10,800 vessels-a significantly larger
population of workers. The second challenge will be ensuring that the
access control technology required to operate the TWIC program, such as
biometric card readers, works effectively in the maritime sector. Few
facilities that tested the TWIC program used biometric card readers that
will be required when the program is implemented. As a result, TSA has
obtained limited information on the operational effectiveness of biometric
readers, particularly when individuals use these readers outdoors in the
harsh maritime environment. In addition, most testing facilities lacked
the technology to connect with TSA's national TWIC database to obtain
current information on those workers already issued TWIC cards who have
subsequently been identified as a potential threat to security or whose
cards have been lost or stolen. TSA's recent decision to implement the
TWIC program by issuing two separate rules will give the agency more time
to consider maritime industry concerns regarding TWIC access control
technologies and develop solutions to address these problems that will
help ensure that TWIC will work effectively in the maritime environment.
However, TSA officials stated that the agency does not plan to conduct
additional testing of TWIC access control technologies to ensure that they
work effectively before the program is implemented. DHS plans to finalize
the initial TWIC rule, which will include enrolling workers, conducting
background checks, and issuing TWIC cards, by the end of calendar year
2006. According to TSA, the agency will also issue a subsequent proposed
rule requiring the installation of TWIC access control technologies at a
future date. As a result, TWIC cards will initially be used as a photo
identification to enter secure areas until additional requirements for
access control technologies are finalized by TSA. The third challenge DHS
faces is balancing the added security benefits of the TWIC program in
preventing a terrorist attack that could result in a costly disruption in
maritime commerce with the impact that the program could have on the daily
flow of maritime commerce. For example, if an individual worker or truck
driver has problems with his or her fingerprint verification on a
biometric card reader, it could create a long queue, delaying other
workers and trucks waiting in line trying to enter secure areas of a port.
TSA and the Coast Guard have acknowledged the potential impact that the
TWIC program could have on the flow of maritime commerce and, as a result,
plan to obtain additional comments on this issue from industry
stakeholders in the second rulemaking pertaining to access control
technology. Given the large investment required by the federal government
and maritime industry to implement the TWIC program, it is important that
solutions to these problems are developed and tested prior to
implementation to help ensure that the program meets its intended goals
without further delays and that government and maritime industry resources
are used efficiently.

TSA experienced problems in planning for and overseeing the contract to
test the TWIC program. Specifically, poor planning resulted in significant
contract changes shortly after TSA awarded the contract, which contributed
to a doubling of contract costs. According to TSA officials, delays in
program development and pressure to begin TWIC testing caused the agency
to award the contract before they had sufficient time to plan for and
identify all of the requirements necessary to test the TWIC program in the
initial contract. For example, TSA had to amend the initial contract to
require the contractor to install the access control infrastructure
necessary to test the TWIC program at facilities. In addition, TSA did not
effectively oversee the contractor's performance to ensure that all key
components of the TWIC program were tested. For example, TSA did not
follow its contract oversight guidance in certain areas, including
performing its own evaluation of the contractor's performance. In
addition, a report by an independent contractor found that 25 percent of
the operational and performance requirements in the testing contract were
not met, such as the requirement that lost or stolen TWIC cards be revoked
before a transportation worker is issued a new TWIC card. The independent
contractor's assessment characterized the failure to meet this specific
requirement as a critical problem, because a terrorist could potentially
use the lost or stolen card to attempt to gain access to secure areas of
transportation facilities. TSA officials told us they did not have enough
personnel to provide effective oversight of the contract to test the TWIC
program and relied on the contractor to provide oversight of its own work
and the work of its subcontractors. In addition to oversight problems,
stakeholders at all 15 TWIC testing locations we visited told us that TSA
did not effectively communicate and coordinate with them regarding any
problems that arose during testing at their facility. TSA officials
acknowledged that the agency could have better communicated with
stakeholders at the TWIC testing locations. The problems we identified are
consistent with those discussed in previous GAO reports, such as poor
contract planning, oversight, and communication and coordination at TSA
and DHS. Specifically, we previously reported that TSA did not adequately
ensure that contract requirements and deliverables were clearly defined
and did not provide adequate oversight of contractor performance, which
increased contract costs. According to TSA officials, the agency has taken
steps to address these contract planning and oversight problems by hiring
additional staff with program management and technical expertise to assist
in developing contract requirements and providing oversight of the future
contract to implement the TWIC program. However, it is not clear to what
extent these actions will ensure that the contract to implement the TWIC
program will include comprehensive and clearly defined contract
requirements and that contractor performance will be closely monitored to
ensure that the program is implemented successfully and costs are
controlled.

To help ensure that the TWIC program can be implemented as efficiently and
effectively as possible, we are recommending two actions. First, we
recommend that, before TSA begins implementing TWIC in the maritime
sector, the agency develop and test solutions to the problems identified
during TWIC program testing and raised by stakeholders in commenting on
the TWIC proposed rule to help ensure that all key components of the TWIC
program work effectively. Second, TSA should strengthen contract planning
and oversight practices before awarding the contract to implement the TWIC
program.

We provided a draft of this report to DHS for review. DHS, in its written
comments, concurred with the findings and recommendations in the report.
The full text of DHS's comments is included in appendix II.

                                   Background

Securing transportation systems and facilities is complicated, requiring
balancing security to address potential threats while facilitating the
flow of people and goods. These systems and facilities are critical
components of the U.S. economy and are necessary for supplying goods
throughout the country and supporting international commerce. U.S.
transportation systems and facilities move over 30 million tons of freight
and provide approximately 1.1 billion passenger trips each day. The Ports
of Los Angeles and Long Beach estimate that they alone handle about 43
percent of the nation's oceangoing cargo. The importance of these systems
and facilities also make them attractive targets to terrorists. These
systems and facilities are vulnerable and difficult to secure given their
size, easy accessibility, large number of potential targets, and close
proximity to urban areas. A terrorist attack at these systems and
facilities could cause a tremendous loss of life and disruption to our
society. An attack would also be costly. According to recent testimony by
a Port of Los Angeles official, a 2002 labor dispute led to a 10-day
shutdown of West Coast port operations, costing the nation's economy an
estimated $1.5 billion per day.6 A terrorist attack to a port facility
could have a similar or greater impact.

One potential security threat stems from those individuals who work in
secure areas of the nation's transportation system, including seaports,
airports, railroad terminals, mass transit stations, and other
transportation facilities. It is estimated that about 6 million workers,
including longshoreman, mechanics, aviation and railroad employees, truck
drivers, and others access secure areas of the nation's estimated 4,000
transportation facilities each day while performing their jobs. Some of
these workers, such as truck drivers, regularly access secure areas at
multiple transportation facilities. Ensuring that only workers that do not
pose a terrorist threat are allowed unescorted access to secure areas is
important in helping to prevent an attack. According to TSA and
transportation industry stakeholders, many individuals that work in secure
areas are currently not required to undergo a background check or a
stringent identification process in order to access secure areas. For
example, according to stakeholders at several ports, truck drivers need
only present a driver's license, which can be easily falsified and
obtained, to access secure areas of the nation's ports. In addition,
without a standard credential that is recognized across modes of
transportation and facilities, many workers must obtain multiple
credentials to access each transportation facility they enter. For
example, in Florida, truck drivers who deliver goods to multiple ports in
the state must obtain credentials for as many as 13 individual ports. With
so many different credentials in use, it may be difficult to verify the
authenticity of all of them.

6 Testimony of the Director of Homeland Security, Port of Los Angeles,
before the United States Senate Committee on Commerce, Science, and
Transportation, May 16, 2006.

TWIC Program History

In the aftermath of the September 11, 2001, terrorist attacks, the
Aviation and Transportation Security Act (ATSA) was enacted in November
2001. Among other things, ATSA required TSA to work with airport operators
to strengthen access control points in secure areas and consider using
biometric access control systems to verify the identity of individuals who
seek to enter a secure airport area. In response to ATSA, TSA established
the TWIC program in December 2001 to mitigate the threat of terrorists and
other unauthorized persons from accessing secure areas of the entire
transportation network, by creating a common identification credential
that could be used by workers in all modes of transportation. In November
2002, the Maritime Transportation Security Act of 2002 (MTSA) was enacted
and required the Secretary of Homeland Security to issue a maritime worker
identification card that uses biometrics, such as fingerprints, to control
access to secure areas of seaports and vessels, among other things.

The responsibility for securing the nation's transportation system and
facilities is shared by federal, state, and local governments, as well as
the private sector. At the federal government level, TSA, the agency
responsible for the security of all modes of transportation, has taken the
lead in developing the TWIC program, while the Coast Guard is responsible
for developing maritime security regulations and ensuring that maritime
facilities and vessels are in compliance with these regulations. As a
result, TSA and the Coast Guard are working together to implement TWIC in
the maritime sector. According to TSA officials, TWIC is being implemented
in the maritime sector first to meet MTSA requirements and because the
aviation sector already has established systems to control access to
secure areas. According to TSA, the agency is considering extending the
program to other modes of transportation. Most seaports, airports, mass
transit stations, and other transportation systems and facilities in the
United States are owned and operated by state and local government
authorities and private companies. As such, certain components of the TWIC
program, such as installing access control systems, such as card readers,
will be the responsibility of these state and local governments and
private industry stakeholders. For example, at most seaports, the private
companies that operate the terminal are responsible for controlling access
to secure areas, while at other ports, local governments handle this
responsibility. As a result, the responsibility for implementing certain
components of the TWIC program at each facility will be shared between
local governments and the private sector.

TSA-through a private contractor-tested the TWIC program from August 2004
to June 2005 at 28 transportation facilities around the nation, including
22 port facilities, 2 airports, 1 rail facility, 1 maritime exchange, 1
truck stop, and a U.S. postal service facility. In August 2005, TSA and
the testing contractor completed a report summarizing the results of the
TWIC testing. TSA also hired an independent contractor to assess the
performance of the TWIC testing contractor. Specifically, the independent
contractor conducted its assessment from March 2005 to January 2006, and
evaluated whether the testing contractor met the requirements of the
testing contract. The independent contractor issued its final report on
January 25, 2006.

Since its creation, the TWIC program has received about $90 million in
funding for program development and testing. Table 1 provides a summary of
TWIC program funding since fiscal year 2003.

Table 1: TWIC Program Funding from FY 2003 to FY 2006 (Dollars in
millions)

Fiscal Year Appropriated Reprogramming/transfers Total funding 
2003               $25.0                  ($5.0)         $20.0 
2004               $49.7                       0         $49.7 
2005                $5.0                       0          $5.0 
2006                   0                   $15.0         $15.0 
Total              $79.7                   $10.0         $89.7 

Source: TSA.

Note: TSA's fiscal year 2007 congressional justification includes $20
million in authority to collect fees from transportation workers for TWIC
cards.

In December 2004, we reported on the challenges TSA faced in implementing
the TWIC program, such as developing regulations and a comprehensive plan
for managing the program.7 We also reported on several factors that caused
TSA to miss its initial August 2004 target date for issuing TWIC cards,
including (1) difficulty obtaining approval from DHS to test the TWIC
program; (2) delays in developing cost-benefit and alternative analyses
for the program; and (3) difficulty determining which TWIC card
technologies were best suited for the port environment. We recommended
that TSA employ industry best practices for project planning and
management by developing a comprehensive project plan for managing the
program and specific detailed plans for risk mitigation and cost-benefit
and alternatives analyses. DHS generally agreed with these recommendations
and subsequently developed plans to help them manage the TWIC program,
ensure quality, and assess and mitigate the risks to the program.
According to TSA, the agency also developed a cost model to assist in
developing program budget estimates.

Key Components of TWIC Program

According to TSA, the TWIC program, under the proposed rule issued in May
2006, is to consist of key components designed to enhance security (see
fig. 1). These include:

           o  Enrollment: Transportation workers are to be enrolled in the
           TWIC program at enrollment centers by providing personal
           information, such as a social security number and address, digital
           photographs, and fingerprints. Workers who are unable to provide
           quality fingerprints are to provide an alternate authentication
           mechanism, such as a digital photograph.

           o  Background checks: TSA is to conduct background checks on each
           worker to ensure that individuals do not pose a threat. These are
           to include several components. First, TSA is to conduct a security
           threat assessment to make sure that the worker is not listed in
           any terrorism databases or on a terrorism watch list, such as
           TSA's No-fly and selectee list. Second, a Federal Bureau of
           Investigation criminal history records check is to be conducted to
           identify if the worker has any disqualifying criminal offenses.
           Third, workers immigration status is to be checked by the U.S.
           Citizenship and Immigration Service. Workers are to have the
           opportunity to appeal the results of the background check or
           request a waiver if they do not pass the check.

           o  TWIC card production: After TSA determines that a worker has
           passed the background checks, the agency provides transportation
           worker information to a federal card production facility where the
           TWIC card is to be personalized for the worker, manufactured, and
           then sent back to the enrollment center.

           o  Card issuance: Transportation workers are to be informed when
           their cards are ready to be picked up at enrollment centers.

           o  Privilege granting: TWIC cards are to be activated at
           enrollment centers and workers will choose a personal
           identification number. Transportation facility security officials
           will then grant workers access to secure areas on an individual
           basis. Workers are to then use their TWIC cards to match the card
           to the card holder when accessing secure areas through biometric
           access control systems.

           o  Card Revocation: Local facilities can download or receive
           real-time lists of workers deemed to pose a threat or whose cards
           have been lost or stolen from TSA. Facilities can then remove
           these workers' access privileges to secure areas. TWIC cards are
           to be renewed and background checks repeated every 5 years. Cards
           will be re-issued to workers if ever lost or stolen.

7 GAO, Port Security: Better Planning Needed to Develop and Operate
Maritime Worker Identification Card Program, GAO-05-106 (Washington, D.C.:
December 2004).

Figure 1: Overview of the TWIC Process Under the TWIC Proposed Rule

TWIC Proposed Rule for Maritime Sector

In May 2006, DHS issued a proposed rule that describes the requirements of
the TWIC program that the owners and operators of maritime facilities and
vessels would be required to implement.8 Table 2 provides an overview of
the requirements in the TWIC proposed rule.

Table 2: Requirements of the TWIC Proposed Rule

Proposed requirement       Description of proposed requirement             
Transportation workers     Individuals who require unescorted access to    
                              secure areas of MTSA regulated vessels,         
                              facilities, and outer continental shelf (OCS)   
                              facilities and all U.S. Coast Guard             
                              credentialed merchant mariners must obtain a    
                              TWIC card.                                      
Facility, vessel, and OCS  All facilities, vessels, and OCS facilities     
facility security plans    currently regulated by MTSA must create a TWIC  
                              addendum to current security plans within 6     
                              months of the final TWIC rule being published   
                              and be operating under this plan within 12-18   
                              months.                                         
Background checks          All workers applying for a TWIC card must       
                              provide biographic information and fingerprints 
                              to TSA to conduct a security threat assessment, 
                              undergo a FBI fingerprint based criminal        
                              history records check, and undergo an           
                              immigration status check. The proposed rule     
                              requires all workers applying for a TWIC card   
                              to provide fingerprints and a digital           
                              photograph. Digital photographs are to be used  
                              as the alternate biometric for individuals who  
                              are unable to provide fingerprints at the time  
                              of card issuance. In order to receive a TWIC,   
                              workers must not pose a security threat and     
                              must not have committed a disqualifying         
                              criminal offense.                               
Appeals and waiver process All TWIC applicants will have opportunity to    
                              appeal the results of the background check to   
                              correct cases of mistaken identity or           
                              inaccurate court records. In addition,          
                              applicants that are disqualified due to         
                              previous criminal activity or mental incapacity 
                              may apply for a waiver.                         
Access control systems     Each facility, vessel, and OCS facility is      
                              required to have access control systems and     
                              equipment, including card readers, that meet    
                              TSA approved standards and Federal Information  
                              Processing Standard (FIPS) 201. Card readers    
                              must be able to verify biometrics and include   
                              the capability to enter a personal              
                              identification number.                          
Access to secure areas     Each facility, vessel, and OCS facility may     
                              allow only persons who hold a TWIC to have      
                              unescorted access to secure areas of the        
                              facility or vessel and are responsible for      
                              ensuring that TWIC cards are valid, unless      
                              revoked.                                        
Checking the validity of   Each facility, vessel, and OCS facility must    
TWIC cards                 verify that a worker's TWIC card is valid,      
                              either by directly interfacing with TSA's       
                              national TWIC database or using a list of       
                              invalid credentials downloaded from TSA. TWIC   
                              cards will be valid for 5 years.                

Source: GAO analysis of TSA and Coast Guard proposed rule on TWIC.

8 Under the joint rulemaking TSA would amend current transportation
security regulations in title 49 Code of Federal Regulations (CFR) to
include the overall components of the TWIC program and the Coast Guard
would amend current maritime security regulations in title 33 CFR and
title 46 CFR to include the process for implementing TWIC at MTSA
regulated facilities and vessels as well as how these facilities and
vessels should amend current security plans. In addition, a second Coast
Guard rulemaking designed to streamline the existing merchant mariner
credentialing process would amend merchant mariner credentialing
requirements in title 33 CFR and title 46 CFR.

In the TWIC proposed rule, TSA and the Coast Guard present cost estimates
for implementing the TWIC program. According to the estimates, the cost of
the TWIC program to the federal government and the maritime industry could
range from about $777 million to $829 million over the next 10 years.9
About 40 percent of these costs-$355 million to $378 million-would be
incurred in the initial program start up. According to TSA and the Coast
Guard's cost estimate, about 48 percent of the total cost of the TWIC
program will be incurred by the owners and operators of port facilities
and vessels. TSA and the Coast Guard estimate that the total cost to these
facilities and vessel owners and operators will be about $467 million over
10 years, mostly for the installation of access control systems and other
technology to operate these systems. In addition to these costs, TSA and
the Coast Guard estimate that they will charge a fee of $149 to produce
and issue each TWIC card for the estimated 750,000 workers that will need
to receive a card. According to TSA, this fee will cover the cost of the
background checks and card production and issuance. This fee is to be
collected from the applicant at the enrollment center when applying for a
TWIC.

In August 2006, DHS decided that the TWIC program would be implemented in
the maritime sector using two separate rules, one for enrolling workers
and issuing cards and the second for implementing TWIC access control
technologies, such as biometric card readers. DHS made the decision to use
two separate rules in response to numerous maritime industry concerns
about whether the access control technologies necessary to operate the
TWIC program will work effectively in the maritime sector. DHS plans to
finalize the first TWIC rule, which is expected to cover enrolling
workers, conducting background checks, and issuing TWIC cards, by the end
of calendar year 2006. TWIC access control technology requirements are
expected to be addressed in a second TWIC proposed rule, to be issued
after DHS finalizes the first TWIC rule.

9 These costs are estimated in present value dollars discounted at 7
percent.

DHS and Industry Stakeholders Face Challenges in Addressing Testing Problems and
          Ensuring Key Components of the TWIC Program Work Effectively

DHS and industry stakeholders face three major challenges in addressing
problems identified during TWIC program testing and ensuring that key
components of the TWIC program can work effectively. The first challenge
is enrolling and issuing TWIC cards to a significantly larger population
of workers in a timely manner than was done during testing of the TWIC
program. The second challenge will be ensuring that the technology
required to operate the TWIC program, such as biometric card readers,
works effectively in the maritime sector. The third challenge DHS faces is
balancing the added security benefits of the TWIC program in preventing a
terrorist attack that could result in a costly disruption in maritime
commerce with the impact that the program could have on the daily flow of
maritime commerce. TSA and Coast Guard officials told us they are taking
steps to improve the enrollment and card issuance process, and plan to
obtain additional comments on the access control technology requirements
for the TWIC program and the potential impact that the program could have
on the flow of maritime commerce as part of a second rulemaking on the
TWIC program. Given the large investment required by the federal
government and maritime industry to implement the TWIC program, it is
important that solutions to these problems are developed and tested prior
to implementation to help ensure that the program meets its intended goals
without further delays and that government and maritime industry resources
are used efficiently.

TSA Has Improved TWIC Enrollment and Card Issuance Processes, but Faces
Challenges in Enrolling Significant Numbers of Workers During Implementation

TSA had difficulty in meeting its goals for enrolling workers and issuing
TWIC cards during testing. Specifically, TSA's goal was to enroll and
issue TWIC cards to 75,000 workers at 28 transportation facilities.
However, only about 12,900 workers were enrolled and only about 1,700 TWIC
cards were issued to workers at 19 facilities. According to TSA officials
and the testing contractor, these problems were caused by difficulties
finding volunteers to enroll in the TWIC program during testing and
technical problems, such as collecting fingerprints from workers at
certain testing locations and enrolling large numbers of workers at one
time. TSA officials stated that during implementation the agency will use
a faster and easier method of collecting fingerprints and will enroll
workers individually. While these actions should address the problems that
occurred during testing, during implementation, TSA faces the challenge of
enrolling and issuing TWIC cards to 750,000 workers at 3,500 maritime
facilities and 10,800 vessels-a significantly larger population of workers
than were included in TWIC program testing.

Another challenge TSA faces is ensuring that workers are not providing
false information and counterfeit identification documents when they
enroll in the TWIC program. This step is of critical importance in
ensuring that a person being issued a TWIC card does not pose a security
threat. Since social security cards, immigration documents, passports, and
other forms of identification can be obtained from fraudulent identity
providers, the authenticity of these documents must be verified and
personnel that enroll workers must be trained to identify fraudulent
documents. During TWIC testing, enrollment personnel were provided some
training in identifying fraudulent documents. According to TSA, the TWIC
enrollment process to be used during implementation will include using
document scanning and verification software to help determine if
identification documents are fraudulent and training personnel to identify
fraudulent documents. While it is important that the enrollment process
include the capability to prevent workers from using fraudulent
identification documents to obtain a TWIC card, details on the approach
that TSA will use during implementation are not yet available.

In addition, TSA is taking steps to address other problems regarding
enrolling workers and issuing TWIC cards in a timely manner that were
encountered during testing. Specifically, TSA has eliminated approaches
used at certain locations to collect fingerprints and enroll large groups
of workers at one time, which caused problems during testing, and kept
approaches to enrolling workers and issuing cards that worked successfully
at other locations. While these actions appear to address these problems,
TSA could not provide us the results of how these successful approaches
worked at other testing locations.

Figure 2 is an example of an enrollment station used during testing of the
TWIC program.

Figure 2: TWIC Enrollment Station Used during Testing

Source: GAO.

Industry Stakeholders Face Obstacles in Implementing TWIC Access Control
Technology and Ensuring That It Works Effectively during Implementation

The TWIC proposed rule would require each facility and vessel to (1)
install and use biometric card readers in the maritime environment to
control access to secure areas, (2) link these card readers to the
individual facility or vessel access control system, or use hand held card
readers, and (3) routinely connect to TSA's national TWIC database and
incorporate updates on TWIC cards that should be revoked because a worker
poses a security threat or a TWIC card has been lost or stolen. Our
analysis of the results of TWIC program testing and visits to 15 of the 28
testing sites, as well as the concerns expressed by industry stakeholders
at public meetings on the TWIC proposed rule, suggest that it may be
difficult to implement each of these steps. Furthermore, industry
stakeholders are concerned about the cost of implementing and operating
biometric card readers, linking the readers to their local access control
system, and connecting to TSA's national TWIC database. TSA's recent
decision to implement the TWIC program by issuing two separate rules will
give the agency more time to consider maritime industry concerns regarding
the TWIC access control technology and develop solutions that will help
ensure that TWIC will work effectively in the maritime environment. TSA is
also working with the National Institute of Standards and Technology
(NIST) to ensure that the biometric identification cards and card readers
to be used for the TWIC program meet federal standards for identification
and access controls. 10

  Problems with Installing and Using Biometric TWIC Card Readers

Industry stakeholders will be required to install biometric TWIC card
readers capable of reading a worker's fingerprint and matching that
fingerprint to a worker's TWIC card in order for the worker to gain
unescorted access to secure areas of a facility or vessel. While TSA was
able to provide us the total number of card readers installed at each
testing location, they could not tell us which or how many of these card
readers were biometric or non-biometric. According to TWIC testing
contractor officials, less than half of the 99 card readers installed
during TWIC testing were biometric. In addition, only 8 of the 15 testing
facilities that we visited tested biometric card readers, and officials at
only 2 of these 8 facilities told us that their biometric card readers
functioned effectively. For example, at one testing facility, six
biometric card readers were installed, but were never operational because
the testing contractor had difficulty installing the infrastructure to
provide electrical power and communications capability to the readers
themselves. As a result, the biometric card readers were never used by
workers at this facility. According to TSA officials, the agency and the
testing contractor did not have the authority or responsibility for
installing or repairing facility access control systems and infrastructure
during TWIC testing, other than what was agreed to in the initial
memorandum of understanding with those facilities.

In addition, TSA did not test the use of biometric card readers on vessels
at all during testing of the TWIC program, although the TWIC proposed rule
requires the use of biometric card readers on vessels during
implementation of the program. An independent assessment of TWIC testing
also found that 10 of the 18 TWIC testing sites they visited encountered
problems installing TWIC technologies. Although the independent assessment
does not specify the problems encountered, TSA and the TWIC testing
contractor confirmed that some sites had problems installing the
infrastructure necessary to operate the TWIC card readers and others had
problems effectively interfacing card readers with existing facility
access control systems. Figure 3 provides an example of biometric card
readers used during testing of the TWIC program.

10 On August 27, 2004, the President signed and issued Homeland Security
Presidential Directive (HSPD) 12, which establishes a common
identification standard, including standards for biometrics, for federal
employees and federal contractors. Shortly after HSPD 12 was signed, NIST
issued Federal Information Processing Standard (FIPS) 201 to provide
guidance and standards for complying with HSPD 12.

Figure 3: Fingerprint Based Biometric Card Readers Used during TWIC
Testing

Source: GAO.

In commenting on the TWIC proposed rule, industry stakeholders expressed
concerns regarding TSA's limited testing of biometric card readers and the
challenges of using these readers in the harsh outdoor maritime
environment. Stakeholders that have already installed biometric
fingerprint-based card readers in the outdoor maritime environment stated
that these readers did not work effectively in the maritime environment
where they were often damaged and affected by dirt, wind, salt, and water.
Several stakeholders also provided comments about the design of TWIC card
readers to ensure that these readers were less susceptible to the elements
in the maritime environment, such as salt and water. In addition, the TWIC
testing contractor recommended that contactless card readers be used
during implementation of the TWIC program to more quickly process workers
into secure areas and better withstand the harsh maritime environment.
According to TSA, the agency will consider these and other industry
stakeholder comments regarding TWIC access control technologies as part of
the second rulemaking.

Several industry stakeholders proposed that TSA conduct additional
maritime testing of biometric card readers, including their use on
vessels, to provide assurance that the TWIC program technology works
effectively before it is implemented nationwide and ensure that their
investments in this technology and infrastructure would be worthwhile.
Stakeholders also suggested that TSA and the Coast Guard closely
coordinate with maritime stakeholders that have implemented or are
currently using biometric access control systems. For example, Florida is
currently implementing a statewide uniform port access biometric
credential program, similar to the TWIC program. Coordinating with Florida
and other stakeholders could enable TSA and the Coast Guard to learn from
these stakeholders' experiences and potentially test key components of the
TWIC program and develop solutions to the various implementation
challenges identified during testing.

As discussed earlier, in August 2006, DHS decided that the TWIC program
would be implemented using two separate rules, one for enrolling workers
and issuing cards and the second for implementing TWIC access control
technologies, such as biometric card readers. DHS made this decision
following numerous maritime industry comments about whether the access
control technologies necessary to operate the TWIC program will work
effectively. According to TSA, the agency is working with NIST to ensure
that the biometric identification cards and card readers to be used for
the TWIC program meet federal standards for identification and access
controls. We requested additional information from TSA on the time frames
on the second TWIC rulemaking and how this rulemaking will ensure that
TWIC access control technologies, such as biometric card readers, will
work effectively in the maritime environment. TSA officials told us that
they could not provide us any details about the second rulemaking. As a
result, it is not clear how the TWIC cards will initially be used to
permit workers to enter secure areas without requirements for TWIC access
control technologies, such as biometric card readers.

  Difficulties in Linking Biometric Card Readers to Facility Access Control
  Systems

Under the TWIC proposed rule, maritime facility and vessel owners and
operators would be responsible for installing biometric card readers and
linking them to individual facility or vessel access control systems, to
ensure that only those with valid TWIC cards, who have been granted access
rights by the facility, have unescorted access to secure areas. According
to the TWIC testing contractor's report, only 10 of the 28 TWIC testing
facilities linked card readers to the local facility access control
system. The report did not specifically discuss the effectiveness of the
link between card readers and the facility access control system at these
10 locations. TSA said it was unable to identify the specific testing
locations where card readers were linked to local access control systems
or any additional results regarding the link between card readers and
access control systems. According to TSA and the testing contractor, they
encountered difficulties in linking card readers to access control systems
during testing because many facilities lacked the infrastructure necessary
to do so. For example, TSA and testing contractor officials told us that
at most maritime facilities participating in testing, electrical power
supplies and high-speed communications lines were not available at all of
the access control points where card readers were needed, especially those
far away from the facility's central access control system. As a result,
linking card readers to the access control system would have been too
difficult and costly to perform during testing. In addition, because TSA
did not install TWIC card readers on vessels during testing, the agency
did not test the link between card readers and vessel access control
systems.

Industry stakeholders have expressed concern that TSA conducted only
limited testing of the link between biometric card readers and local
facility access control systems. In addition, the difficulties encountered
by the TWIC testing contractor in establishing this link raises questions
about the difficulty in doing so during TWIC implementation. For example,
some stakeholders stated that they tried but were unable to link biometric
card readers to the computers and computer software running their current
access control systems. An official at one testing facility told us that
his facility spent its own money to hire a technology integrator to link
TWIC card readers to the facility access control system because TSA and
the testing contractor did not do so during testing of the TWIC program.11
Stakeholders also expressed concerns that the new biometric TWIC card
readers will not be compatible with their existing access control systems
and as a result, they will incur additional costs if they are required to
purchase new access control systems. According to TSA, while facility and
vessel owners and operators will be required to install TWIC card readers,
it is up to these facilities and vessels whether they want to link these
card readers to their access control systems. TSA recently announced that
requirements for purchasing and installing card readers will not be
implemented until the public is afforded additional time to comment on
that aspect of the TWIC program and the details of this approach will be
explained in the next rulemaking.

  TSA Did Not Test the Connection of Local Facilities to the National TWIC
  Database

A key security component of the TWIC program is the ability to quickly
revoke a worker's unescorted access privileges to secure areas if TSA
identifies a worker as a security threat or if the worker's TWIC card is
lost or stolen. This requires that (1) TSA identify that a worker is a
threat to security or that their card has been lost or stolen and
invalidate their TWIC card from the national TWIC database; (2) TSA
quickly communicates information to facilities regarding those workers
whose TWIC cards have been invalidated; and (3) the facility removes a
worker's access privileges to secure areas from their local access control
system. However, according to TSA, the testing contractor encountered
problems in connecting the national TWIC database to local facilities'
access control systems during testing of the TWIC program. As a result,
TSA did not test this connection at any of the 28 testing locations.
Several TWIC testing facilities that we visited lacked the technology,
such as computer systems and high-speed communications lines, to connect
with TSA's national TWIC database to obtain information on workers that
may pose a potential threat or whose TWIC cards had been lost or stolen.
An independent contractor's assessment of the testing also found that TSA
did not test the connection between the national TWIC database and local
facility access control systems. The independent assessment characterized
this as a critical failure because a worker posing a threat could access
secure areas of a facility if that facility had not been informed that TSA
revoked his or her TWIC card. TSA officials stated that, while they did
not test the connection between the national TWIC database and facilities
in the field, they tested this component in a laboratory. However, TSA
officials said they were unable to provide any reports on this laboratory
testing. According to TSA officials, under the TWIC proposed rule, this
problem will be resolved because facilities and vessels can download
updates from the national TWIC database on a regular basis regarding
workers who pose a threat as an alternative to directly connecting with
the national database. Since this approach was not used during TWIC
program testing, it is important that it be tested to ensure that it works
effectively during implementation.

11 During testing of the TWIC program, TSA and the testing contractor did
install some technology and infrastructure necessary to test the TWIC
program. However, according to the TWIC proposed rule, facilities and
vessels will be responsible to installing technology and infrastructure
during implementation.

The TWIC proposed rule requires that each facility and vessel have the
capability to verify that a worker that has been issued a TWIC card has
not subsequently been identified by TSA as a threat and that a TWIC card
has not been lost or stolen. The proposed rule allows facilities and
vessels the option of directly interfacing with TSA's national TWIC
database or routinely downloading a list of invalid TWIC cards from TSA
through a secure Web site.12 In commenting on the TWIC proposed rule,
numerous stakeholders expressed confusion about how to connect to TSA's
national TWIC database and what technology they will need to do so.13
Stakeholders participating in TWIC program testing also expressed concern
that TSA did not test this connection at any of the TWIC testing
locations. In addition, some stakeholders were concerned about how vessels
at sea without internet or satellite service would connect with the
national TWIC database to get updates regarding workers who pose a threat
or whose TWIC cards have been lost or stolen because TSA also did not test
this connection. According to TSA, these issues will be addressed as part
of the second rulemaking on TWIC access control technologies.

  Industry Stakeholders Concerned about the Cost and Security of TWIC Program
  Technology

In addition to concerns about whether or not the access control technology
will work effectively in the maritime environment, facility and vessel
owners and operators are also concerned about the cost and security of
technology necessary to implement the TWIC program. TSA and the Coast
Guard estimate that, on average, a maritime facility will spend $90,000
per facility to upgrade or install access control systems, including
biometric card readers. However, in commenting on the TWIC proposed rule,
stakeholders stated that they believe that upgrading and installing access
control systems at maritime facilities will cost much more than the TSA
and the Coast Guard estimate. For example, one port facility has 37
individual terminals, several of which could require 20 or more card
readers for entry and exit lanes at one terminal alone. Port officials
estimated that it could cost up to $300,000 per terminal to install the
necessary TWIC card readers. Several stakeholders are also concerned that
TSA and the Coast Guard cost estimates do not take into account the
facilities' costs to maintain equipment and technology, such as card
readers, or the cost to hire additional staff needed to perform such
maintenance. Facility and vessel owners also stated that the cost of
installing TWIC card readers and other equipment necessary to use TWIC may
be a hardship for smaller facilities and vessel operators. We requested
additional information on how TSA and the Coast Guard developed the cost
estimates in the proposed rule, however, DHS could not provide this
information. As a result, we were unable to determine if these estimates
were reasonable.

12 According to the TWIC proposed rule, at maritime security (MARSEC)
level 1, the facilities and vessels would be required to ensure that the
validity of TWIC credentials are verified against the latest information
available from TSA on a weekly basis. At MARSEC level 2, facilities and
vessels would be required to ensure the validity of TWICs on a daily
basis. At MARSEC level 3, all personnel seeking unescorted access would be
required to verify their identity biometrically and use their PIN at each
entry to a secure area of the facility or vessel.

13 The proposed rule offers facilities and vessels the option of
downloading lists of invalid cards or workers that pose a threat through a
secure TSA Web site instead of directly interfacing with the national TWIC
database. However, it does not provide details on the specifics of this
process.

Further, industry stakeholders are concerned about the security of the
personal information given to TSA to conduct TWIC background checks. For
example, stakeholders commenting on the TWIC proposed rule questioned how
TSA will ensure the security of workers' information in light of the fact
that other government agencies have mishandled and lost private personal
information. In an August 2006 report, the DHS Inspector General
highlighted shortcomings in information security for the TWIC program. 14
According to the report, TSA faces numerous challenges in ensuring that
security vulnerabilities-which could compromise the confidentiality,
integrity and availability of sensitive TWIC data-are remedied and key
program policies, regulatory processes, and other work are completed to
support the full implementation of the TWIC program.15 According to the
report, TSA agreed with these findings and plans to take steps to correct
the security concerns identified.

  DHS Recognizes Stakeholder Concerns Regarding TWIC Implementation, but Plans
  No Further Program Testing

DHS officials acknowledged that there are challenges in ensuring that the
TWIC technology works effectively in a maritime environment. Accordingly,
DHS decided in August 2006 that it will not require maritime facilities
and vessels to implement TWIC card readers and other TWIC access control
technologies until the maritime industry has additional time to comment on
these aspects of the program. However, TSA is not planning to conduct any
additional testing of TWIC program technologies.

TSA officials said that the agency is working with NIST to ensure that the
biometric identification cards and card readers to be used for the TWIC
program meet federal standards for identification and access controls.
Specifically, these standards concern the use of biometric identification
and access control systems for federal employees and contractors.
According to TSA, although these standards are not specifically directed
at the TWIC program, the agency believes it is important for the program
to comply with these standards. However, NIST's review of the TWIC program
does not involve any actual testing of the TWIC program technology, such
as the use of biometric card readers in a maritime environment.

14 Department of Homeland Security, OIG-06-47: DHS Must Address
Significant Security Vulnerabilities Prior to TWIC Implementation, August
2006.

15 The Inspector General attempted to determine whether adequate system
security controls have been implemented on TWIC systems to protect
sensitive and biometric data from unauthorized access, use, disclosure,
disruption, modification, or destruction. The Inspector General audited
information security management and access controls implemented for the
systems supporting the TWIC program testing and found that significant
security vulnerabilities exist related to the TWIC testing systems,
documentation, and program management and there are a number of program
and security-related concerns.

Ensuring That the TWIC Program Balances Security and the Flow of Maritime
Commerce May Be Difficult

In addition to ensuring that key components of the TWIC program work
effectively, another challenge DHS faces is balancing the added security
components of the TWIC program with the potential effect that the program
could slow the daily flow of maritime commerce. If implemented
effectively, the security benefits of the TWIC program in preventing a
terrorist attack could save lives and avoid a costly disruption in
maritime commerce. Alternatively, if key components of the TWIC program,
such as biometric card readers, do not work effectively, it could slow the
daily flow of maritime commerce.  Our discussions with industry
stakeholders at facilities that participated in TWIC testing and
stakeholder comments on the TWIC proposed rule identified four concerns
about the potential impact of TWIC on maritime commerce.

  Wait Times to Receive TWIC Cards

According to stakeholders, for the TWIC program to work effectively in the
maritime environment without slowing commerce, TWIC cards must be issued
within a few days after enrollment, or workers should be allowed interim
access to secure areas to perform their job duties while they wait to
receive a TWIC card. Several maritime facility officials stated that
without quick issuance or interim access, they will have difficulty in
staffing and performing operations. Some passenger vessel owners and
operators stated that waiting 30 to 60 days to receive a TWIC card could
hinder their ability to allow workers to access secure areas to perform
their job duties while they are waiting to receive their TWIC cards.
According to the TWIC proposed rule, it could take 30 to 60 days for TSA
to perform background checks, produce the TWIC cards, and issue these
cards to workers. TSA said that they are considering adding a provision to
the proposed rule to allow workers temporary access to secure areas while
they wait to receive their TWIC cards. Adding such a provision to the rule
would address maritime industry concerns. According to TSA officials, the
agency hopes to issue TWIC cards sooner than 30 days after a worker
enrolls.

  Potential Delays in Accessing Secure Areas

According to several industry stakeholders, the use of biometric card
readers could disrupt the flow of commerce entering and exiting a port if
each person or vehicle is not processed in a few seconds or if the readers
experience technical problems. Specifically, if a worker or truck driver
has problems with their fingerprint verification on a biometric card
reader, they could create a long queue delaying several other workers and
trucks waiting in line trying to enter secure areas of a port. According
to the testing contractor's report, TWIC card readers rejected workers'
access to secure areas in 4.8 percent of total access attempts during
testing. These reject rates were comprised of two types. First, legitimate
rejects were workers not allowed access to secure areas because they were
not authorized to do so. Second, false rejects were workers not allowed to
access secure areas although they were authorized to do so. According to
TSA officials, the testing contractor did not determine what percentage of
the total 4.8 percent reject rate was legitimate versus false rejects. In
addition, neither the testing contractor's report nor TSA provided any
information regarding wait times or delays experienced due to these reject
rates at access control points during TWIC testing. The TWIC testing
contractor attributed the cause of the reject rates during testing to
transportation workers having rougher fingerprints than the average
population, making it more difficult for card readers to verify their
fingerprints. However, neither TSA nor the testing contractor developed
solutions to the problem of reject rates that can be used during
implementation of the TWIC program.

Several port officials we spoke with told us that delaying cargo entering
and exiting a port could result in thousands of dollars lost by port
terminal operators in the short term and millions in the long term.
Stakeholders have suggested that TSA and the Coast Guard address concerns
about delays by conducting additional testing of the TWIC program at a
limited number of maritime facilities and vessels. Figure 4 shows a line
of trucks transporting cargo into a large port facility through an access
control point.

Figure 4: Trucks Carrying Cargo through an Access Control Point at a Large
Maritime Facility

Source: Port of Los Angeles.

TSA and the Coast Guard officials stated that they recognize stakeholders'
concerns regarding the potential impact of access control technology on
the flow of commerce and, as a result, plan to obtain additional
stakeholder input and comments as part of the second rulemaking to help
address these concerns. We requested additional information from TSA on
this rulemaking and how it would address concerns regarding the impact on
commerce, however, TSA could not provide us any details.

  Stringency of Background Checks

Industry stakeholders have stated that they generally support the TWIC
program and its requirement that background checks be conducted on workers
with unescorted access to secure areas to help ensure that these
individuals do not pose a security threat. However, the stakeholders have
also expressed some concern that certain disqualifying offenses may be too
stringent and could lead to workers unnecessarily losing their jobs. For
example, stakeholders stated that the disqualifying offenses should be
terrorism related and not include lesser felonies currently in the TWIC
proposed rule, such as fraud. In addition, stakeholders expressed concern
that according to the TWIC proposed rule, being found guilty of certain
disqualifying criminal offenses, such as racketeering, will disqualify a
person from receiving a TWIC card for their whole life, regardless of how
long ago the worker committed the crime. The TWIC proposed rule would
permit workers that do not pass the background check to appeal or request
a waiver to obtain a TWIC card.16

  Impact on Small Maritime Facilities and Vessels

Under the TWIC proposed rule, all Maritime Transportation Security Act
(MTSA) regulated facilities and vessels would be required to use a TWIC
card to control unescorted access to secure areas. Some industry
stakeholders, however, disagree with applying uniform standards to all
facilities and vessels in the maritime sector, regardless of size. Small
facility and vessel officials providing comments on the TWIC proposed rule
stated that if they are required to implement these requirements, they
will have to conduct unnecessary checks of workers entering secure areas.
For example, smaller vessels may have crews of less than 10 people, and
checking TWIC cards each time a person enters a secure area is not
necessary. In addition, stakeholders suggested that there should be
flexibility in the final TWIC rule to exempt smaller facilities and
vessels from requirements more applicable to large facilities and vessels.
TSA and Coast Guard officials acknowledge the difficulties in applying the
TWIC regulation to the entire maritime sector, and stated that they will
obtain additional comments from stakeholders as part of the rulemaking
process regarding the potential impact that the TWIC program could have on
the flow of maritime commerce.

16 Under TSA and the Coast Guard's TWIC proposed rule, an individual will
be permanently disqualified from obtaining a TWIC card if he or she was
ever convicted of or found not guilty by reason of insanity of any of the
following crimes: murder; terrorism; espionage; sedition; treason;
unlawful possession, use, sale, distribution, manufacture, purchase,
receipt, transfer, shipping, transporting, import, export, storage of, or
dealing in an explosive or explosive device; Racketeer Influenced and
Corrupt Organizations (RICO) violations; a crime involving a
transportation security incident; improper transportation of a hazardous
material; and conspiracy or attempt to commit any of these crimes.
Individuals convicted of or found not guilty by reason of insanity within
the past 7 years, or released from prison within the past 5 years for any
of the following crimes are disqualified from receiving a TWIC card:
assault with intent to murder; kidnapping or hostage taking; rape or
aggravated sexual abuse; extortion; robbery; arson; bribery; smuggling;
immigration violations; racketeer influenced and corrupt organizations
violations; distribution of, possession with intent to distribute, or
importation of a controlled substance; dishonesty, fraud, or
misrepresentation, including identity fraud; unlawful possession, use,
sale, manufacture, purchase, distribution, receipt, transfer, shipping,
transporting, delivery, import, export of, or dealing in firearms or other
weapons; conspiracy; or attempt to commit any of these crimes. In
addition, an applicant who is wanted or under indictment for a
disqualifying felony is disqualified until the want or warrant is
released.

 Problems in Planning for and Overseeing the Contract to Test the TWIC Program

TSA experienced problems in planning for and overseeing the contract to
test the TWIC program. Specifically, poor planning for the contract to
test the TWIC program resulted in significant contract changes shortly
after TSA awarded the contract, which contributed to a doubling of
contract costs. According to TSA officials, delays in program development
and pressure to begin TWIC testing caused the agency to award the contract
before they had sufficient time to plan for and identify all of the
requirements necessary to test the TWIC program in the initial contract.
In addition, while the contract required testing certain key components of
the TWIC program, TSA did not ensure that these key components were tested
by the contractor. In addition to poor oversight, stakeholders told us
that TSA did not effectively communicate and coordinate with them
regarding any problems that arose during testing at their facility. TSA
officials stated that the agency lacked adequate personnel to provide
effective oversight of the contract to test the TWIC program and thus
relied on the contractor to provide oversight of its own work and the work
of its sub-contractors. Our previous reports have identified similar
contract planning and oversight problems at TSA that led to increased
contract costs. Specifically, in reports issued in 2004 and 2005, we found
that both TSA and DHS contract policies did not adequately ensure that
contract requirements and deliverables were clearly defined, and did not
provide adequate oversight of contractor performance.17 Since TSA will
rely heavily on a private contractor to implement the TWIC program, it is
important that comprehensive and clearly defined requirements are included
in the implementation contract and contractor performance is closely
monitored to help ensure effective and efficient accomplishment of
contract purposes and to hold down costs.

Poor Planning by TSA in the Initial TWIC Testing Contract Contributed to a
Doubling of Costs

TSA awarded the contract to test key components of the TWIC program in
August 2004 for about $12 million. By the end of the testing phase, the
total cost of the TWIC testing contract increased to over $27 million.
According to the testing contractor, the cost increased because TSA added
several key requirements that were necessary for testing the TWIC program
to the contract after it was awarded. TSA officials confirmed that the
addition of these key requirements caused the contract cost to increase.

17 GAO, Transportation Security Administration: High-Level Attention
Needed to Strengthen Acquisition Function, GAO-04-544 (Washington, D.C.:
May 2004); and Homeland Security: Successes and Challenges in DHS's
Efforts to Create an Effective Acquisition Organization, GAO-05-179
(Washington, D.C.: March 2005).

First, according to TSA and the testing contractor, although the initial
contract did not stipulate a date to begin program testing, they initially
agreed that the contractor should begin testing the TWIC program in April
2005. However, TSA officials moved up the start date to November 2004 to
try to complete testing sooner. According to TSA and the testing
contractor, the contractor incurred additional costs to move up the
schedule. Second, TSA's initial testing contract was amended to require
the contractor to install infrastructure necessary to test the TWIC
program at transportation facilities. TSA added this requirement right
after it awarded the contract because the agency learned that many testing
facilities needed additional infrastructure to support testing the TWIC
program and lacked the necessary funding to pay for it. According to TSA
and the testing contractor, requiring the contractor to install
infrastructure further increased the cost of the contract. Lastly, TSA
changed the requirements after it awarded the testing contract to
facilitate the enrollment of all port workers that were already enrolled
in Florida's uniform port access credential program. This required the
testing contractor to use a different approach to enrolling workers in
Florida than was used at other TWIC testing locations. TSA did not include
this approach in the original contract. According to TSA officials, these
modifications were not included in the initial TWIC testing contract
because TSA officials were under pressure to begin TWIC testing and did
not have sufficient time to ensure that the contract included
comprehensive and clearly defined requirements. TSA officials also stated
that they knew they could modify the contract after it was awarded.

TSA is required to use the Federal Aviation Administration's (FAA)
acquisition management system to guide government procurements, including
contract planning and oversight, rather than the Federal Acquisition
Regulation (FAR), which applies to most other federal agencies.18 Although
TSA is not subject to the requirements of the FAR, the FAR's requirements
are designed to help ensure adequate contract planning. Specifically the
FAR states that government personnel should avoid issuing contract
requirements on an urgent basis, as was done during the TWIC testing
contract, since this could increase contract prices. In addition, best
practices for contract planning include defining key contract requirements
and making critical decisions before moving forward and committing funds
or resources to a major system, or acquisition, such as the TWIC program.
We have also previously reported that the development of any new system
should follow a knowledge-based approach, including clearly defining
system requirements through advanced planning, to achieve successful
outcomes.19 Adequate planning also includes making decisions before moving
forward and taking action to prevent increases in cost, schedule delays,
and degradations in performance and quality. Although contract
requirements are often amended or added after initial contracts are
awarded, the failure to consider and include critical requirements
necessary to fully test the TWIC program and the resulting cost increases
encountered is reflective of poor contract planning.

18 ATSA directed TSA to adopt the FAA's acquisition management system.
FAA, by law, is generally not subject to the requirements of federal
acquisition laws and the FAR.

According to TSA, the agency is taking steps to address contract planning
problems experienced during TWIC testing. Specifically, TSA officials told
us that the TWIC program office has hired additional certified program
managers and staff with technical expertise to assist in developing
comprehensive and clearly defined requirements for the future contract to
implement the TWIC program. However, it is not clear to what extent these
actions will ensure that the contract to implement the TWIC program will
include comprehensive and clearly defined contract requirements.

TSA Did Not Ensure That Key Components of the TWIC Program Were Tested

The TWIC testing contract required the contractor to test key components
of the TWIC program and detect and resolve weaknesses identified during
testing. TSA was responsible for ensuring that the contractor met all
contract requirements. However, TSA did not effectively oversee the
contractor's performance to ensure that key components of the program were
tested. For example, the contractor was required to test the capability of
the TWIC program to communicate information from a central database, such
as TWIC cards that should be revoked if a worker is identified as a threat
to security, to local facilities. However, TSA did not ensure that the
contractor tested this capability. The independent contractor's assessment
confirmed this component was not tested. The assessment also found that
the testing contractor did not fulfill 25 percent of the TWIC operational
and performance contract requirements, such as the requirement that lost
or stolen TWIC cards be revoked prior to issuing a new card. The
independent assessment characterized the failure to meet this requirement
during testing as a critical problem, as a terrorist could potentially use
the lost or stolen card to access secure areas.

19 GAO, Best Practices: Capturing Design and Manufacturing Knowledge Early
Improves Acquisition Outcomes, GAO-02-701 (Washington, D.C.: July 15,
2002). In a knowledge-based process, the achievement of each successive
knowledge point builds on the preceding one, giving decision makers the
knowledge they need-when they need it-to make decisions about whether to
invest significant additional funds to move forward. Programs that follow
a knowledge-based approach typically have a higher probability of
successful cost and schedule outcomes.

In addition, TSA officials did not perform certain tasks that are included
in the agency's guidelines for contract oversight. TSA officials
acknowledged that these functions were not performed because they lacked
the oversight resources necessary to perform all of these tasks. For
example, TSA officials acknowledged that the agency did not follow its
contract oversight guidance in the following areas:

           o  Performance and cost efficiency reporting. A contracting
           officer technical representative (COTR) is a federal employee with
           technical knowledge of a specific program appointed by the
           contracting officer to ensure that contract requirements are met
           and to monitor the performance of the contractor. TSA's COTR
           guidelines state that one of the primary responsibilities of the
           COTR is to identify and report opportunities to improve contractor
           performance or cost efficiency to the contracting officer.
           However, according to TSA officials, no such performance reports
           were submitted by the COTR during the testing of the TWIC program.

           o  Quality assurance planning. The COTR guidelines require that
           the COTR follow a quality assurance plan for monitoring contractor
           performance. However, TSA officials stated that, although some
           limited monitoring and surveillance of the TWIC testing took
           place, they did not develop a quality assurance plan for the TWIC
           testing.

           o  Evaluating contractor performance. The COTR guidelines also
           state that the COTR is required to write their own evaluation of
           the contractor's technical performance. However, over 1 year after
           the completion of TWIC testing, TSA officials told us that an
           evaluation of the TWIC testing contractor's technical performance
           will be completed after the TWIC testing contractor completes
           transitional tasks.

According to TSA officials, the lack of TWIC program personnel as well as
an over-reliance on the testing contractor to provide oversight of its own
work and that of subcontractors caused inadequate oversight of the TWIC
testing contract. The TWIC program office within TSA had seven individuals
on staff and one person, the COTR, directly responsible for contract
oversight. According to the COTR, more staff were needed to provide
adequate oversight of nearly 30 TWIC testing locations and multiple
testing subcontractors. The COTR also stated that the TWIC testing
contract was just one of several contracts that she was responsible for
overseeing. As a result, the COTR visited only one location during TWIC
program testing. According to TSA officials, the agency is taking steps to
improve contract oversight practices. Specifically, TSA officials stated
that the agency hired additional certified program managers, staff with
technical expertise, and a new COTR to provide oversight of the future
contract to implement the TWIC program. In addition, these officials told
us that TSA has established a special office dedicated to managing TWIC
contracts. However, until TSA develops its plans for monitoring contractor
performance, it is not clear to what extent these actions will ensure that
contractor performance and costs will be closely monitored.

In addition to oversight problems, stakeholders at all 15 TWIC testing
locations we visited told us that TSA did not effectively communicate and
coordinate with them regarding any problems that arose during testing at
their facility. For example, at two maritime facilities we visited,
officials told us that communication and coordination with TSA was the
most significant problem they encountered during TWIC program testing.
These officials stated that all communications from TSA and the testing
contractor would stop for months during TWIC testing and that questions to
TSA regarding the status of testing and various problems encountered often
went unanswered. Another example of poor communication and coordination
cited by stakeholders was that TSA never provided any results of the TWIC
testing, including the final testing report, to the facilities that
participated in the testing. According to TSA, the agency did not provide
the final testing report to stakeholders because the report contained
sensitive security information. Stakeholders stated that if TSA had an
effective stakeholder feedback mechanism in place, TSA may have learned of
testing problems and contractor performance issues sooner. In addition, an
independent contractor's assessment of the TWIC testing also identified
communication and coordination problems during their own site visits to 18
of the 28 TWIC testing locations. The independent contractor recommended
that TSA develop procedures to provide more open and timely communication
to stakeholders. TSA officials acknowledged that the agency could have
better communicated with stakeholders at the TWIC testing locations.

We have previously highlighted the importance of effective communication
and coordination between TSA and industry stakeholders to ensure that the
agency is able to test and deliver programs that work effectively. As a
result, we recommended that TSA better communicate and coordinate with
industry stakeholders and create a formal mechanism to ensure this
communication and coordination takes place.20 According to TSA officials,
the agency recognizes that stakeholders involved in the TWIC testing
should have been provided results of testing at their facilities and
acknowledges that the agency did not establish a means of communicating
and coordinating with stakeholders as part of the oversight process.

Another issue that arose during TWIC testing concerned TSA's decision to
contract with the same company that was conducting the TWIC testing to
provide the agency's TWIC program office management support, technical
expertise, and assistance in providing contract oversight. The program
management contractor staff worked in TSA's TWIC program office and helped
evaluate contract deliverables submitted by its own company, such as the
final report summarizing the results and conclusions of the TWIC testing.
Although TSA said that the two contracts involved separate teams from the
same company, conflict of interest concerns in this particular situation
were such that TSA required the contractor to address organizational
conflict of interest concerns in a mitigation plan and paid an independent
contractor to review the TWIC testing. 21

Further, the independent assessment contractor found that there were
problems with the testing contractor's report, such as inaccurate and
missing information. The assessment also stated that TSA did not
adequately (1) define testing contract requirements, (2) develop a
comprehensive implementation plan to secure adequate stakeholder
involvement, or (3) monitor TWIC program schedules and costs. As a result,
the independent assessment recommended that the contractor's final report
not be relied upon when making decisions about the implementation of TWIC
until these problems were corrected.

20 GAO, Maritime Security: Enhancements Made, but Implementation and
Sustainability Remain Key Challenges, GAO-05-448T (Washington, D.C.: May,
17 2005); and Passenger Rail Security: Enhanced Federal Leadership Needed
to Prioritize and Guide Security Efforts, GAO-05-851 (Washington, D.C.:
September 2005).

21 TSA Acquisition Management System (AMS) provisions set out, in
pertinent part, that it is TSA policy to avoid contracting with
contractors who have unreasonable organizational conflicts of interest.
Actual or perceived organizational conflict of interest situations, under
the AMS provisions, may be addressed through a mitigation plan. TSA AMS S:
3.1.7-3. The TSA's AMS derives from the Aviation and Transportation
Security Act (ATSA) of 2001, which exempts TSA from the Federal
Acquisition Regulation and most federal acquisition laws, and instead
directed the TSA to adopt the Federal Aviation Administration's (FAA)
acquisition management system while also authorizing TSA to modify the
application of the FAA's acquisition management system to TSA as
appropriate. 49 U.S.C. S: 114 (o).

In previous reports, we identified problems with TSA's contracts and
contractor oversight practices, including contracts without clearly
defined requirements and inadequate oversight that caused initial TSA
contract costs to increase.22 We have also reported on TSA and DHS's lack
of policies that provide clear guidance on defining contract requirements
or contract oversight.23 For example, the report notes that clearly
defining requirements allows more precise cost estimates for specific
contracts as well as better approximations of the timelines for
completion. In addition, inadequate oversight increases the risk that
costs will increase in a labor hour and cost reimbursement contract as
used here.

                                  Conclusions

The TWIC program was established in response to congressional direction to
mitigate the threat of terrorists and other unauthorized persons from
accessing the nation's ports and other transportation facilities. The
maritime industry and other transportation stakeholders are generally
supportive of the TWIC program as a means to strengthen access control
security and establish a national standard for worker identification
credentials. TSA tested the TWIC program at a select number of
transportation facilities to identify problems, develop solutions to these
problems, and help determine how TWIC can be effectively implemented
across the nation. However, the TWIC testing fell short of meeting its
goals. Specifically, during testing, TSA issued cards to only about 1,700
workers and tested card readers at 19 facilities, a much smaller
population than planned, and TSA did not fully test all key components of
the TWIC program, such as biometric card readers. As a result, TSA faces
the challenge of transitioning from this limited testing to successful
implementation of the program on a much larger scale covering 750,000
workers at over 3,500 maritime facilities and 10,800 vessels. While TSA
has taken some actions to address problems identified during TWIC program
testing, the agency and the maritime industry still face key challenges in
ensuring that the program will meet its intended goal of providing an
effective means of preventing unauthorized access to secure areas.

22 GAO, Transportation Security Administration: High-Level Attention
Needed to Strengthen Acquisition Function, GAO-04-544 (Washington, D.C.:
May 2004).

23 GAO, Homeland Security: Successes and Challenges in DHS's Efforts to
Create an Effective Acquisition Organization, GAO-05-179 (Washington,
D.C.: March 2005).

TSA has recently announced that it will use two separate rulemakings to
implement the TWIC program. The first will provide the requirements for
enrolling workers, conducting background checks, and issuing TWIC cards. A
subsequent rule will include requirements for purchasing and installing
TWIC access control technologies. Postponing the issuance of requirements
for TWIC access control technologies will afford the maritime industry
additional time to comment on these requirements. However, it is not clear
what, if any, additional testing of the TWIC access control technologies
will be conducted as part of this subsequent rulemaking to ensure that
they work effectively. Moreover, TSA's decision to issue two TWIC rules
poses an additional challenge in that TSA will need to ensure that the
TWIC cards issued to workers enrolled under the first rule will be
compatible with the card reader technologies that will be part of the
second rule. TSA's decision to rapidly move forward with implementation of
the TWIC program without developing and testing solutions to identified
problems could lead to additional problems, increased costs, and further
program delays without achieving the program's intended goals. Considering
the large investment that the federal government and maritime industry
will be required to make to implement the TWIC program, it is particularly
important that solutions to the problems and challenges facing the program
be developed and tested before implementation to avoid wasting resources.
We have found during prior work that in a rush to implement programs
quickly, TSA has not always followed a disciplined development process,
including conducting appropriate systems testing, and did not always
follow their own systems development guidance when developing programs. As
a result, they experienced program delays and cost overruns, and lacked
assurance that the programs would meet their intended goals.

TSA's lack of contract planning, oversight, and communication and
coordination with stakeholders during testing of the TWIC program, and
past contract planning and oversight problems, raise questions about
whether TSA can ensure that the contract to implement the TWIC program
will include comprehensive and clearly defined requirements or that the
agency will provide adequate oversight of contractor performance. TSA
officials stated that the agency has taken steps to address these problems
by hiring additional staff with technical and program management expertise
to assist in developing contract requirements and providing oversight.
While these actions may address problems that occurred during TWIC program
testing, whether they will resolve all of the contract planning and
oversight problems will not be clear until TSA develops and awards the
contract to implement the TWIC program and develops plans for overseeing
and evaluating contractor performance and communicating and coordinating
with maritime industry stakeholders.

                      Recommendations for Executive Action

To help ensure that the TWIC program can be implemented as efficiently and
effectively as possible, we recommend that the Secretary of Homeland
Security direct the Assistant Secretary of Homeland Security for the
Transportation Security Administration, in close coordination with the
Commandant of the U.S. Coast Guard, to take the following two actions:

           1. Before TWIC is implemented in the maritime sector, develop and
           test solutions to the problems identified during TWIC program
           testing, and raised by stakeholders in commenting on the TWIC
           proposed rule, to ensure that all key components of the TWIC
           program work effectively. In developing and testing these
           solutions, TSA should:

                        o  ensure that the TWIC program will be able to
                        efficiently enroll and issue TWIC cards to large
                        numbers of workers;
                        o  ensure that the technology necessary to operate
                        the TWIC program will be readily available to
                        industry stakeholders and will function effectively
                        in the maritime sector, including biometric card
                        readers and the capability to link facility access
                        control systems with the national TWIC database;
                        o  ensure that the TWIC program balances the added
                        security it provides with the potential effect that
                        the program could have on the flow of maritime
                        commerce; and
                        o  closely coordinate with maritime industry
                        stakeholders-particularly those that are currently
                        implementing or using biometric access control
                        systems-to learn from their experiences.

           2. Strengthen contract planning and oversight practices before
           awarding the contract to implement the TWIC program to achieve the
           following purposes:

                        o  ensure that the contract to implement the TWIC
                        program contains comprehensive and clearly defined
                        requirements;
                        o  ensure that resources are available and measures
                        are in place to provide effective government
                        oversight of the contractor's performance; and
                        o  establish a communication and coordination plan to
                        capture and address the views and concerns of
                        maritime industry stakeholders during implementation.

Agency Comments and Our Evaluation

We provided a draft of this report to DHS for review and comment. On
September 22, 2006, we received written comments on the draft report,
which are reproduced in full in appendix II. DHS concurred with the
findings and recommendations and stated that the report will help improve
TSA's management of the TWIC program and strengthen oversight of
contractor performance. DHS further stated that the report's
recommendations will help facilitate the nationwide implementation of the
TWIC card and thus, the agency has already taken steps to implement them.

Regarding our recommendation to develop and test solutions to the problems
identified during TWIC program testing, and raised by stakeholders in
commenting on the TWIC proposed rule, DHS stated that it is taking a
number of actions. Specifically, to ensure that the TWIC program will be
able to efficiently enroll and issue TWIC cards to large numbers of
workers, TSA is using experience gained during TWIC testing to improve the
enrollment and card issuance process, which should address the problems
encountered during testing. For example, TSA plans to use an easier and
faster form of scanning to capture workers' fingerprints and is taking
additional steps to ensure that the process for enrolling workers and
issuing TWIC cards is efficient. In addition, according to DHS, TSA is
seeking an experienced and capable contractor to enroll workers and
operate the information technology systems necessary to support the
program. Taking these steps should help TSA to address the problems
experienced during testing regarding enrollment and card issuance.
Nevertheless, TSA will face the challenge of enrolling and issuing TWIC
cards to a significantly larger population of workers than was enrolled
during testing.

Concerning our recommendation that DHS ensure that the technology
necessary to operate the TWIC program will be readily available to
industry stakeholders and will function effectively in the maritime
sector, including biometric card readers and the capability to link
facility access control systems with the national TWIC database, DHS
stated that TSA and the Coast Guard will not require maritime facilities
and vessels to purchase or install card readers as part of the first
rulemaking process. Instead, requirements for biometric card readers and
access control technologies will be part of a subsequent rulemaking.
According to DHS, the two-phased rulemaking process allows more time for
maritime facility and vessels owners and operators to plan for the
installation of biometric card readers and access control infrastructure
and allows the public additional opportunity to comment on this aspect of
the program. In addition, TSA is considering additional field testing of
biometric card readers within the funding and schedule parameters of the
TWIC program and has already solicited stakeholders' involvement in these
tests. Furthermore, according to DHS, the General Services Administration
(GSA) and NIST are currently testing products, including biometric card
readers, for compliance with FIPS 201 standards. GSA is also developing a
list of qualified access control technology products and vendors that will
be available for purchase by maritime facilities and vessels to implement
the TWIC program in the future. Obtaining additional comments from the
public regarding TWIC access control technology requirements, conducting
additional testing of TWIC program technologies in the maritime
environment, and ensuring that access control technologies are compliant
with FIPS 201 standards are important steps for ensuring that the TWIC
program works effectively in the maritime environment. In regard to
linking facility access control systems with the national TWIC database,
DHS stated that facilities and vessels will be provided secure web access
to a list of TWIC cards that are lost, stolen, expired, or belong to
individuals found to pose a threat to security.

In addressing our recommendation that TSA and the Coast Guard ensure that
the TWIC program balances the added security it provides with the
potential effect that the program could have on the flow of maritime
commerce, DHS stated that TSA and the Coast Guard have reviewed industry
comments, are cognizant of stakeholder concerns, and acknowledge the
potential impact that the TWIC program could have on the flow of maritime
commerce. As a result, TSA and Coast Guard plan to obtain additional
comments on this issue from industry stakeholders in the second rulemaking
pertaining to access control technology. Soliciting additional comments
from maritime industry stakeholders should help TSA and the Coast Guard
balance the added security of the TWIC program with the potential affects
on the flow of maritime commerce. Conducting additional testing of TWIC in
the maritime environment would further help TSA and the Coast Guard
determine how to balance security and the flow of maritime commerce.

With regard to our recommendation that DHS closely coordinate with
maritime industry stakeholders-particularly those that are currently
implementing or using biometric access control systems-to learn from their
experiences, DHS stated that the TWIC program is considering field testing
of biometric card reader technology to support the second phase of the
TWIC program within the funding and schedule parameters of the program.
According to DHS, multiple TWIC stakeholders have expressed an interest in
participating in this field testing. In addition, TSA and the Coast Guard
plan an upcoming conference of TWIC qualified contractors and TWIC
stakeholders to discuss experiences during TWIC testing. DHS also stated
that the agency has invited other stakeholders to provide feedback on the
TWIC program. Taking action to better coordinate with maritime
stakeholders are steps in the right direction and will be essential to
effectively implementing the TWIC program.

In response to our recommendation that TSA strengthen contract planning
and oversight practices before awarding the contract to implement the TWIC
program, DHS stated that it is taking several actions to implement this
recommendation. Specifically, to ensure that the contract to implement the
TWIC program contains comprehensive and clearly defined requirements, TSA
has recently selected qualified contractors and released the request for
proposal (RFP) to implement the TWIC program. The TWIC RFP includes a
detailed requirements document that identifies the performance outcomes
expected to be met by the contractor selected to implement the TWIC
program. According to DHS, any future changes to the TWIC requirements
will be managed under a formal change control process. If properly
implemented, these actions should better position TSA to ensure that the
TWIC implementation contract contains comprehensive and clearly defined
requirements.

Regarding our recommendation that TSA ensure that resources are available
and measures are in place to provide effective government oversight of the
contractor's performance, DHS stated that the TWIC program has recently
established a Program Control Office to help oversee contractor
performance and deliverables. In addition, the TWIC program has developed
a Quality Assurance and Surveillance Plan and acceptable quality levels of
performance in the TWIC RFP to provide a foundation for contract
management and oversight. TSA has also hired additional staff to provide
better program management and improved oversight of TWIC contracts.
Allocating additional resources and taking steps to ensure that TSA
provides effective oversight of the TWIC implementation contract are
important steps toward improving contract oversight. If properly
implemented, these actions should address the intent of this
recommendation.

Concerning our recommendation that TSA establish a communication and
coordination plan to capture and address the views and concerns of
maritime industry stakeholders during implementation, DHS stated that the
TWIC program has increased its communication and coordination efforts with
stakeholders during the TWIC rulemaking process and plans to continue
these activities during implementation of the program. According to DHS,
the TWIC program office has developed a communication strategy and plan
and the TWIC RFP requires the TWIC implementation contractor to establish
a communications plan to provide information to stakeholders and address
their concerns during implementation. Developing plans to better
communicate and coordinate with stakeholders will be key to the success of
the TWIC program.

DHS also offered technical comments and clarifications, which we have
considered and incorporated where appropriate.

As agreed with your offices, unless you publicly announce its contents
earlier, we plan no further distribution of this report until 21 days
after its issue date. At that time, we will provide copies of this report
to the Secretary of Homeland Security, Assistant Secretary of the
Transportation Security Administration, Commandant of the U.S. Coast
Guard, and other interested congressional committees as appropriate. We
will also make copies available to others upon request. In addition, the
report will be available at no charge on GAO's Web site at
http://www.gao.gov .

If you or you staff have any questions about this report, please contact
me at (202) 512-3404 or at [email protected] . Contact points for our
Offices of Congressional Relations and Public Affairs may be found on the
last page of this report. Key contributors to this report are listed in
appendix III.

Sincerely yours,

Cathleen A. Berrick
Director, Homeland Security and Justice Issues

Appendix I: Objectives, Scope, and Methodology

Our objectives were to answer the following questions: (1) What problems,
if any, did testing of the TWIC program identify and what challenges, if
any, do DHS and industry stakeholders face in implementing the program?
and (2) To what extent, if at all, did TSA experience problems in planning
for and overseeing the contract to test the TWIC program?

To address our first objective, to identify the problems, if any, during
testing of the TWIC program and the challenges, if any, DHS and industry
stakeholders face in implementing the program, we interviewed TSA and
Coast Guard officials regarding the development of the TWIC program,
results of TWIC program testing, and challenges identified with
implementing the program. To determine the status of the TWIC program,
goals, and requirements of TWIC testing and testing results, we obtained
and analyzed TWIC program documents, including program management plans,
the final report on TWIC testing, an independent contractor's assessment
of TWIC testing, the TWIC proposed rule, and the TWIC regulatory impact
analysis. We also reviewed applicable laws, regulations, policies, and
procedures to determine the requirements for implementing the TWIC
program. We attended public meetings held by TSA and the Coast Guard in
Newark, New Jersey; Tampa, Florida; and Long Beach, California; to obtain
industry comments on the TWIC proposed rule. We also reviewed stakeholder
comments submitted to TSA and the Coast Guard during the rulemaking
process. We conducted site visits to 15 of the 28 facilities that
participated in testing the TWIC program in California, Delaware, Florida,
New Jersey, New York, and Pennsylvania to obtain information on
stakeholder experiences regarding the TWIC testing, observe the operation
of the TWIC program at these facilities, and discuss any challenges
associated with implementing TWIC. We visited testing facilities in each
of the three testing regions-East Coast, West Coast, and Florida-as well
as locations representing the maritime, aviation, and rail modes of
transportation. We selected the 15 facilities based on geographic
location, mode of transportation, and diversity of facility size and area
of business operations. Table 3 lists the 15 facilities we visited that
participated in TWIC testing.

Table 3: Facilities We Visited that Participated in the TWIC Testing

Facility                            Location                   
East Coast Region                   
Amtrak Operations Center            Wilmington, Delaware       
Gloucester Terminals, LLC           Camden, New Jersey         
Maritime Exchange                   Philadelphia, Pennsylvania 
Port of Wilmington                  Wilmington, Delaware       
Macarthur Airport                   Islip, New York            
West Coast Region                   
Port of Los Angeles                 Los Angeles, California    
Port of Long Beach                  Long Beach, California     
American Present Lines              Los Angeles, California    
APM Terminal, Inc.                  Los Angeles, California    
Long Beach Container Terminal, Inc. Long Beach, California     
British Petroleum                   Long Beach, California     
Los Angeles International Airport   Los Angeles, California    
Florida Region                      
Port Everglades                     Fort Lauderdale, Florida   
Port of Palm Beach                  Palm Beach, Florida        
Port of Pensacola                   Pensacola, Florida         

Source: GAO.

To address our second objective, to determine to what extent, if at all,
the contract to test the TWIC program identified contract planning and
oversight problems that should be addressed before implementing the
program, we interviewed TSA officials regarding the planning for and
oversight of the contract to test the TWIC program. We obtained and
analyzed TWIC program documents, including the TWIC testing contract and
report, an independent contractor's assessment of TWIC testing, and TSA's
internal contract planning and oversight guidance. We interviewed TWIC
contractor officials regarding contract requirements, testing results, and
TSA's planning for and oversight of the testing contract. We also
interviewed officials from the independent contractor that assessed the
TWIC testing to discuss the results of this assessment. Further, we
reviewed the methodology of the independent contractor's assessment by
examining documents, interviewing contractor officials, and performing
internal analyses to help ensure data reliability. Our work was also
informed by our prior reports and testimony related to TWIC, maritime and
transportation security, and TSA and DHS contracting practices.

We conducted our work from August 2005 through September 2006 in
accordance with generally accepted government auditing standards.

Appendix II: Comments from the Department of Homeland Security

Appendix III: GAO Contact and Staff Acknowledgements

GAO Contact

Cathleen A. Berrick (202) 512-3404

Acknowledgements

In addition to the contact above, John Hansen, Assistant Director, Chris
Currie, Nicholas Larson, Michele Mackin, Geoff Hamilton, Katherine Davis,
Chuck Bausell, Michele Fejfar, Richard Hung, and Pille Anvelt made key
contributions to this report.

(440441)

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Highlights of GAO-06-982 , a report to congressional requesters

September 2006

TRANSPORTATION SECURITY

DHS Should Address Key Challenges before Implementing the Transportation
Worker Identification Credential Program

The Transportation Security Administration (TSA) is developing the
Transportation Worker Identification Credential (TWIC) to ensure that only
workers that do not pose a terrorist threat are allowed to enter secure
areas of transportation facilities. TSA completed TWIC program testing in
June 2005 and is moving forward with implementing the program in the
maritime sector by the end of this year. To evaluate the status of the
TWIC program, GAO examined (1) what problems, if any, were identified
during TWIC program testing and what key challenges, if any, do the
Department of Homeland Security (DHS) and industry stakeholders face in
implementing the program; and (2) to what extent, if at all, did TSA
experience problems in planning for and overseeing the contract to test
the TWIC program. To address these issues, GAO interviewed DHS officials
and industry stakeholders, reviewed documentation regarding TWIC testing,
and conducted site visits to testing locations.

What GAO Recommends

GAO recommends that, before implementing TWIC in the maritime sector, TSA
develop and test solutions to problems identified during testing to ensure
that key components of the program work effectively and strengthen
contract planning and oversight practices before awarding the TWIC
implementation contract. DHS reviewed a draft of this report and concurred
with GAO's recommendations.

DHS and industry stakeholders face three major challenges in addressing
problems identified during TWIC program testing and ensuring that key
components of the TWIC program can work effectively in the maritime
sector.

           o  Enrolling workers and issuing TWIC cards in a timely manner to
           a significantly larger population of workers than was done during
           testing of the TWIC program.
           o  Ensuring that the TWIC technology, such as biometric card
           readers, works effectively in the maritime sector. TSA has
           obtained limited information on the use of biometric readers in
           the maritime sector because most facilities that tested the TWIC
           program did not use these types of readers. 
           o  Balancing the added security components of the TWIC program
           with the potential impact that the program could have on the flow
           of maritime commerce.

An independent contractor's assessment found deficiencies with TWIC
program testing and recommended that additional testing be conducted to
determine its effectiveness. TSA has acknowledged that there are
challenges to implementing the TWIC program and has taken some actions to
address these issues, including allowing more time to consider
requirements for installing TWIC access control technologies. However, TSA
plans no additional testing of the TWIC program. Rapidly moving forward
with implementation of the TWIC program without developing and testing
solutions to identified problems to ensure that they work effectively
could lead to further problems, increased costs, and program delays
without achieving the program's intended goals.

TSA experienced problems in planning for and overseeing the contract to
test the TWIC program. Specifically, TSA made a number of changes to
contract requirements after the contract was awarded, contributing to a
doubling of contract costs, and TSA did not ensure that all key components
of the program were tested. TSA has acknowledged that problems with
contractor oversight occurred because the agency did not have sufficient
personnel to monitor contractor performance. TSA has taken some actions to
address this problem. However, until TSA issues the contract for TWIC
implementation and develops its plans for monitoring contractor
performance, it is not clear to what extent these actions will ensure that
the contract to implement the TWIC program will include comprehensive and
clearly defined requirements and that contractor performance will be
closely monitored to ensure that the program is implemented successfully
and costs are controlled.

Biometric TWIC Card Reader

Source: GAO.
*** End of document. ***