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.
- Bill Number
- H.R. 5109
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2026-06-24: Ordered to be Reported by the Yeas and Nays: 30 - 0.
- Last Updated
- 2026-07-01T08:07:59Z
AI-Generated Summary
Purpose
The legislation, H.R. 5109, aims to enhance access to the Transportation Worker Identification Credential (TWIC) program for individuals recently released from prison (referred to as "returning citizens"). TWIC cards are security credentials required for workers entering secure areas of U.S. maritime facilities, vessels, and related sites. The bill seeks to support pre-application preparation during incarceration and streamline appeals or waivers for those initially deemed ineligible, promoting employment opportunities while maintaining national security.
Key Provisions
- Development of Guidelines: The Administrator of the Transportation Security Administration (TSA) must create guidelines within one year of the bill's enactment. These will:
- Assist people in federal, state, or local prisons with pre-applying or preparing TWIC card applications before release.
- Help individuals appeal or request a waiver if TSA preliminarily determines they are ineligible due to security risks (e.g., certain criminal histories).
- Congressional Briefing: TSA must brief Congress within one year on improvements to TWIC program access for returning citizens.
- Transmission of the Act: A copy of the enacted bill must be sent to key congressional committees (e.g., Homeland Security in both chambers, Education and Workforce in the House), the Secretary of Homeland Security, the TSA Administrator, and leaders of the House and Senate.
Significant Changes to Existing Law
- Under current rules, individuals in prison cannot apply for a TWIC card until after release, and the appeal/waiver process for security risks can take up to 90 days. This bill introduces pre-application preparation during incarceration, allowing the process to begin earlier without altering core eligibility criteria.
- It builds on the Maritime Transportation Security Act of 2002 (MTSA), which established the TWIC program, by adding procedural supports for appeals and waivers but does not expand who qualifies for cards (TSA can still deny based on risks, though waivers are authorized for certain felonies with evidence of rehabilitation).
Potential Impacts
- On Government Agencies: TSA and the U.S. Coast Guard (joint administrators of TWIC) will need to allocate resources for guideline development, training prison staff, and processing earlier applications, potentially increasing administrative workload but improving efficiency in appeals (where ~98% of applicants ultimately succeed).
- On Citizens: Returning citizens gain faster access to TWIC cards, aiding quick employment in high-demand sectors like ports, oil/gas, and maritime industries (e.g., Louisiana alone has over 525,000 port-related jobs). This could reduce recidivism by addressing unemployment, a key risk factor, benefiting an estimated 70-100 million U.S. residents with criminal records.
- On International Relations: No direct impacts, as the bill focuses on domestic security and workforce programs without altering trade or border policies.
- Broader Economic Effects: Supports growth in port economies, which contribute ~26% to U.S. GDP and millions of jobs, by ensuring a rehabilitated workforce for secure areas.
Main Stakeholders Affected
- Returning Citizens: Primary beneficiaries, including the ~1.2 million in U.S. prisons (as of 2021) and annual releases (e.g., 13,000+ in Louisiana), who face barriers to TWIC due to criminal histories.
- Government Entities: TSA (leads implementation), Department of Homeland Security (DHS), U.S. Coast Guard, and federal/state/local prison systems (must facilitate pre-applications).
- Employers and Industries: Port operators, maritime facilities, oil/gas companies, and related businesses (e.g., 3,270 facilities and 13,825 vessels under MTSA) that require TWIC for hiring.
- Congress and Oversight Bodies: Committees on Homeland Security, Education, and Labor, who receive briefings and the Act for review.
- Advocacy Groups: Organizations focused on rehabilitation and second chances, such as the Brennan Center for Justice, which highlight the low terrorism risk among those with criminal records.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces existing MTSA authorities for waivers while adding procedural aids, potentially reducing delays in due process for appeals (e.g., reviewing rehabilitation evidence). No changes to disqualifying offenses, preserving security standards.
- Constitutional: Aligns with equal protection principles by promoting fair access to employment for rehabilitated individuals without infringing on security vetting, avoiding discrimination based on criminal history alone.
- Political: Advances "second chance" policies amid declining prison populations and emphasis on reducing recidivism through jobs. It highlights bipartisan support (introduced by Louisiana representatives) for balancing national security with economic reintegration, especially in port-heavy states, but may spark debate on security risks versus rehabilitation in a post-9/11 context.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Rep. Higgins, Clay [R-LA-3], Rep. Thompson, Bennie G. [D-MS-2], Rep. Ezell, Mike [R-MS-4], Rep. Luttrell, Morgan [R-TX-8], Rep. Goldman, Daniel S. [D-NY-10], Rep. Pfluger, August [R-TX-11], Rep. Fletcher, Lizzie [D-TX-7]
Recent Actions
- 2026-06-24: Ordered to be Reported by the Yeas and Nays: 30 - 0.
- 2026-06-24: Committee Consideration and Mark-up Session Held
- 2026-06-24: Subcommittee on Transportation and Maritime Security Discharged
- 2025-09-04: Referred to the Subcommittee on Transportation and Maritime Security.
- 2025-09-03: Referred to the House Committee on Homeland Security.
- 2025-09-03: Introduced in House
- 2025-09-03: Introduced in House
Bill Versions
- 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. — issued 2025-09-03 — PDF (7 pages)