HR-5109-119
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Sponsored by Troy Carter (D-LA)
What it does
This bill would require the Transportation Security Administration (TSA) to develop guidelines that help people who have been incarcerated access the Transportation Worker Identification Credential (TWIC) program. Specifically, it would direct TSA to create procedures allowing individuals still in federal, state, or local prisons to pre-apply or prepare TWIC card applications before their release, and to assist applicants in navigating the appeal and waiver process when they are initially found ineligible. TSA would also be required to brief Congress on its progress within one year of enactment.
Who benefits
Formerly incarcerated individuals seeking maritime, port, or oil and gas employment — particularly in states like Louisiana where hundreds of thousands of jobs require a TWIC card. Employers at ports and maritime facilities who would gain a larger pool of eligible workers. Port-dependent industries and supply chains that benefit from reduced labor shortages. State corrections systems that may see reduced recidivism if employment rates among released individuals improve. Communities with high concentrations of port and energy sector jobs.
Who is hurt
Current TWIC cardholders who may face increased competition for maritime and port jobs. Port security advocates who may view streamlined access as a potential risk to secure maritime facilities. TSA, which would bear the administrative burden of developing new guidelines and briefing Congress within a one-year deadline. State and local prison systems that may need to coordinate with TSA to facilitate pre-application processes, potentially incurring administrative costs.
Supporters argue
Supporters argue that employment is one of the strongest predictors of successful reentry — and that the current TWIC system creates an unnecessary gap by barring incarcerated individuals from even beginning the application process, which can take up to 90 days. They point to TSA's own data showing that approximately 98% of all TWIC applicants are ultimately approved, and to a Homeland Security analysis finding that the vast majority of people with disqualifying criminal histories present no terrorism risk. With over 525,000 Louisiana jobs tied to ports alone, streamlining access could meaningfully reduce recidivism and expand the workforce.
Opponents argue
Opponents argue that the TWIC program exists specifically to protect critical national security infrastructure — maritime facilities, vessels, and outer continental shelf sites — and that lowering procedural barriers for individuals with criminal records introduces security risks that the original Maritime Transportation Security Act of 2002 was designed to prevent. They contend that the 90-day appeal and waiver process exists to allow thorough review of conviction details and rehabilitation evidence, and that pre-application by incarcerated individuals may compress or complicate that review. They also note that Congress has not yet assessed whether TSA has the administrative capacity to implement prison-based pre-application systems at scale across federal, state, and local facilities.
Constitutional context
This bill directs a federal agency to develop internal guidelines and brief Congress — a straightforward exercise of Congress's authority under the Commerce Clause (Art. I, §8, cl. 3) to regulate maritime commerce and the Necessary and Proper Clause (Art. I, §8, cl. 18). No significant constitutional tension is raised, as the bill does not expand or restrict substantive eligibility criteria for TWIC cards; it only directs procedural guideline development within an existing statutory framework.
Checks and balances
Congress gains a reporting mechanism over TSA through the mandatory briefing requirement; TSA retains discretion in how guidelines are designed, and existing TWIC eligibility and waiver standards set by statute remain unchanged.
Historical precedent
The First Step Act of 2018 similarly sought to reduce barriers to reentry for formerly incarcerated individuals, including provisions to improve access to employment-related documentation, though it did not address TWIC cards specifically.