The Transportation Security Administration’s (TSA) implementation of Section 1012 of the PATRIOT Act presents various challenges to the trucking industry.  TSA’s final regulations require drivers seeking an HME to undergo a fingerprint-based background check.  ATA has lobbied Congress and the Department of Homeland Security in an effort to improve the administration of this program.  TSA has issued a list of Security Sensitive Hazardous Materials (SSHM), but has not taken steps to alter the system such that only carrying SSHM would trigger a driver to undergo a fingerprint-based screening in order to transport such commodities.  In July 2007, Congress passed H.R. 1, the 9/11 Commission Recommendations bill. As part of that legislation, all drivers holding TWIC cards are automatically considered to have passed federal background checks for a HME.  TSA has not yet implemented this requirement.  In February 2008, ATA submitted comments to TSA encouraging them to immediately grant mutual recognition between holders of HME and TWIC credentials. 

ATA is supporting the SAFE Truckers Act, a bipartisan bill that would require DHS to identify as security sensitive materials those materials that pose a significant risk to homeland security.  Under the bill, a driver transporting those security sensitive materials would need to obtain a security sensitive material permit, which is to be integrated with the Transportation Worker Identification Credential (TWIC), after undergoing a fingerprint-based background check.  Drivers transporting hazardous materials that are not deemed security sensitive would only have to undergo a less costly and less burdensome name-based check to obtain or renew their hazardous materials endorsements.