I 118th CONGRESS 2d Session H. R. 7223 IN THE HOUSE OF REPRESENTATIVES February 5, 2024 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.

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. 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 the 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.