119-hr5109

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

    (IH) ]

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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.
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