To require the Administrator of the Transportation Security Administration of the United States to develop guidelines to improve returning citizens' access to the Transportation Worker Identification Credential program, to assist individuals in custody of Federal, State, and local prisons in pre-applying or preparing applications for Transportation Worker Identification Credential cards, and to assist individuals requesting an appeal or waiver of preliminary determination of ineligibility, and for other purposes.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5109 Introduced in House (IH)]

<DOC>

119th CONGRESS
  1st Session
                                H. R. 5109

      To require the Administrator of the Transportation Security
 Administration of the United States to develop guidelines to improve
returning citizens' access to the Transportation Worker Identification
Credential program, to assist individuals in custody of Federal, State,
    and local prisons in pre-applying or preparing applications for
 Transportation Worker Identification Credential cards, and to assist
individuals requesting an appeal or waiver of preliminary determination
               of ineligibility, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 2025

  Mr. Carter of Louisiana (for himself and Mr. Higgins of Louisiana)
 introduced the following bill; which was referred to the Committee on
                           Homeland Security

_______________________________________________________________________

                                 A BILL

      To require the Administrator of the Transportation Security
 Administration of the United States to develop guidelines to improve
returning citizens' access to the Transportation Worker Identification
Credential program, to assist individuals in custody of Federal, State,
    and local prisons in pre-applying or preparing applications for
 Transportation Worker Identification Credential cards, and to assist
individuals requesting an appeal or waiver of preliminary determination
               of ineligibility, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The Maritime Transportation Security Act of 2002 (in
        this Act referred to as ``MTSA'') was introduced following the
        terrorist attacks on September 11, 2001, and became Public Law
        107-295 in 2002.
            (2) The MTSA provided that Transportation Worker
        Identification Credential cards (in this Act referred to as
        ``TWIC cards'') were to be issued to workers who require access
        to secure areas of the Nation's maritime facilities and
        vessels.
            (3) The Transportation Security Administration (in this Act
        referred to as ``TSA'') and the United States Coast Guard
        jointly administer the TWIC card program.
            (4) Congress passed statutes for the TWIC program that
        authorize the Department of Homeland Security and the
        Transportation Security Administration to review an applicant's
        request for an appeals or waiver if the Transportation Security
        Administration determines that the individual may pose a
        security risk.
            (5) At year end 2021, the United States prison population
        was 1,204,300, a 25 percent decrease since 2011.
            (6) The Louisiana Department of Public Safety and
        Corrections releases over 13,000 individuals back into the
        community each year and supervises over 44,000 individuals.
            (7) Securing a TWIC card as soon as possible after release
        may provide for more opportunities for employment.
            (8) According to the Ports Association of Louisiana,
        525,000 jobs in Louisiana are tied to the State's ports, and
        there are over 260,000 jobs in Louisiana related to the oil and
        gas industry, many of which require a valid TWIC card.
            (9) According to the American Association of Port
        Authorities, between 2014 and 2018, the total number of jobs
        supported by cargo moving through the America's deep-draft
        ports increased by more than one-third, from 23,100,000 jobs to
        30,800,000.
            (10) The total economic value that United States coastal
        ports provide in terms of revenue to businesses, personal
        income and economic output by exporters and importers rose 17
        percent from $4,600,000,000 to $5,400,000,000, representing
        nearly 26 percent of the nation's economy.
            (11) According to a Homeland Security Operational Analysis
        Center (HSOAC) 2019 Comprehensive Security Assessment of the
        TWIC Program, MTSA affects approximately 13,825 vessels, 3,270
        facilities, and 56 Outer Continental Shelf facilities.
            (12) According to TSA's ``Transportation Worker
        Identification Credential Appeal Timelines Fiscal Year 2019
        Report to Congress'', 2,300,000 people nationwide hold the
        credential, which is valid for 5 years.
            (13) Employment is critical to the success of those on
        supervision and studies show that unemployment is a major
        predictor of recidivism.
            (14) It is critical to national security to protect and
        secure the Nation's maritime facilities and vessels through the
        TWIC card process.
            (15) It is also critical that opportunities are available
        to those who have demonstrated rehabilitation and are seeking a
        second chance.
            (16) Brennan Center for Justice 2015 report found that
        between 70,000,000 to 100,000,000 U.S. residents, a median of
        27 percent, have criminal records.
            (17) HSOAC's 2019 Comprehensive Security Assessment
        estimates that between 99.99997 percent and 99.997 percent of
        the United States population are not terrorists and asserts
        that ``Few people with risk factors engage in terrorism,
        meaning that the great majority of people with disqualifying
        criminal histories present no terrorism risk.''.
            (18) According to TSA, individuals in the custody of
        Federal, State, and local prisons are not eligible to apply for
        a TWIC card until after they have been released from custody.
            (19) TSA may issue TWIC cards under the current regulations
        to individuals with certain felony convictions through the
        waiver process.
            (20) The appeal and waiver process may take up to 90 days,
        depending on the applicant's response and supporting
        documentation, the complexity of the applicant's case, and
        response time for TSA to review conviction details,
        circumstances, proof of rehabilitation, and whether the person
        is in the process of rehabilitation before issuing a waiver.
            (21) Based on a sample verified by TSA, approximately 98
        percent of total applicants are issued a TWIC card, including
        initial and redress cases, and approximately 62 percent of
        applicants do not respond to redress.
            (22) Applying for a TWIC card and beginning the appeal and
        waiver process prior to a person's release from Federal, State,
        and local prisons may increase chances of employment shortly
        after release.

SEC. 2. DISCUSSION ON DEVELOPMENT OF GUIDELINES AND PROCEDURES.

    (a) In General.--The Administrator of the Transportation Security
Administration shall develop guidelines to improve returning citizens'
access to the TWIC program.
    (b) Guidelines.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Transportation Security
Administration shall develop guidelines to assist individuals in
custody of Federal, State, and local prisons in pre-applying or
preparing applications for TWIC cards and guidelines to assist
individuals requesting an appeal or waiver of preliminary determination
of ineligibility for TWIC cards.
    (c) Briefing.--Not later than 1 year after the date of enactment of
this Act, the Transportation Security Administration of the United
States shall brief Congress on improvements to addressing access to the
TWIC program.
    (d) Transmission.--The clerk of the House of Representatives shall
transit a copy of this Act to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on Education and
Workforce of the House of Representatives, the Secretary of Homeland
Security, the Administrator of the Transportation Security
Administration, and the presiding officers of the Senate and House of
Representatives of the United States.
                                 <all>