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.

This bill, known as H.R. 5109, aims to enhance access to the Transportation Worker Identification Credential (TWIC) program for individuals who are returning to society after being in custody. The TWIC program is managed by the Transportation Security Administration (TSA) and the United States Coast Guard, and it issues identification cards to workers needing access to secure areas in maritime facilities and vessels. The primary objectives of the bill include the following:

Improvement of Access to TWIC

The bill mandates the TSA Administrator to develop guidelines that will facilitate the process for eligible individuals to apply for a TWIC card. This includes:

• Assisting individuals who are currently in custody in Federal, State, and local prisons with pre-applications or preparation of applications for TWIC cards.
• Providing guidance for individuals seeking to appeal a preliminary determination of ineligibility for these credentials.

Timeline for Guidelines Development

The TSA is required to create these guidelines within one year of the bill's enactment. Additionally, within the same timeframe, the TSA must brief Congress on the enhancements made to improve access to the TWIC program.

Background and Rationale

The bill references findings regarding the importance of the TWIC program for national security and economic opportunities. It highlights:

• The historical context of the TWIC program, established after the events of September 11, 2001, to secure the nation’s maritime environment.
• The fact that a significant number of individuals in the U.S. have criminal records, which currently complicates their ability to obtain employment in secure maritime roles.
• The correlation between employment opportunities and reduced recidivism rates, suggesting that facilitating access to TWIC cards can improve the chances of successful reintegration for formerly incarcerated individuals.

Employment Implications

It is estimated that securing a TWIC card as soon as possible after release could lead to greater employment opportunities. The availability of a TWIC card is particularly relevant in sectors such as maritime and oil and gas industries, which are crucial to economies like that of Louisiana, where many jobs depend on having a valid TWIC card.

Appeal and Waiver Process

The bill notes that the current appeal and waiver process for those deemed ineligible can take up to 90 days and that many applicants might not respond to requests for further information. By allowing individuals to engage in this process prior to their release, the bill aims to streamline their transition into the workforce.

Relevant Companies

• UPS - Transportation and logistics company that may need workers with TWIC cards for secure shipping processes.
• Hess Corporation - Oil and gas company where many workers require TWIC cards for access to facilities.
• Albemarle Corporation - Chemicals manufacturer that could be affected due to maritime transportation needs for their products.