Reps. Carter, Higgins Introduce Bipartisan TWICE Act to Reduce Recidivism and Address Transportation Workforce Shortages

WASHINGTON, D.C. - Today, Congressman Troy A. Carter, Sr. (D-LA) and Congressman Clay Higgins (R-LA) introduced the bipartisan TWIC Efficiency (TWICE) Act. This legislation will improve access to the Transportation Worker Identification Credential (TWIC) program by assisting those currently in Federal, State, or local prisons through the TWIC card application process to gain this credential needed for specific transportation sector jobs.

"I am passionate about making sure our criminal justice system is fair and that returning citizens have every possible opportunity for success when they come home," said Rep. Carter. "So many jobs in the United States require a TWIC card just to work behind a secure facility's gate. Louisiana's industries are begging for these workers, who are often training for these jobs while paying their debt to society. This bill will help make reentry more successful and ensure that workforce training can improve people's lives."

The TWICE Act does not change the criteria needed for TWIC cards, nor does it change any of the criteria that would bar an individual from receiving this certification. Instead, it directs TSA to be proactive in assisting returning citizens through this bureaucratic process.

The TWICE Act would require the Transportation Security Administration (TSA) to:

• Develop guidelines to improve returning citizens' access to the TWIC program.
• Develop guidelines to assist individuals in custody to pre-apply for TWIC cards and to assist those requesting an appeal or waiver after issuance of a "Preliminary Determination of Ineligibility."
• Provide a briefing to Congress within a year on improvements to access to the TWIC program.

"The TWICE Act streamlines access to the TWIC program and will give an important second chance to formerly incarcerated individuals. I thank Congressman Troy Carter for his leadership on this effort and hope that my House and Senate colleagues will support its passage," said Rep. Higgins.

"After serving their time, many formerly incarcerated Americans desire a fresh start to rebuild their lives and give back to their communities," said Henry Hanscom, American Trucking Associations SVP of Legislative Affairs. "We applaud Congressman Carter, Sr., and Congressman Higgins for introducing legislation to help these individuals apply for enrollment in the Transportation Worker Identification Credential program. Given the high demand for professionals with this credential, this bill would fill a critical gap to connect qualified drivers with rewarding, good-paying employment opportunities in the trucking industry."

"The tugboat, towboat and barge industry plays a critical role in the American supply chain, which requires having the dedicated, hardworking mariners we need to move the nation's cargo on our domestic waterways. AWO is therefore pleased to support the TWICE Act, legislation that sensibly helps address the labor needs of this essential industry by making the TWIC process more efficient for individuals who have earned second chances and are seeking fulfilling careers, while ensuring we continue to take necessary measures to safeguard our nation's homeland security," said Jennifer Carpenter, President & CEO, The American Waterways Operators.

"Workforce shortages or delays in the credentialing process shouldn't be a threat to our supply chains and maritime sector," said Cary S. Davis, American Association of Port Authorities (AAPA). "AAPA applauds Congressmen Troy Carter and Clay Higgins for their bipartisan work to introduce the TWICE Act, reaffirming the need for fairness in the hiring process and supporting maritime workforce development that powers our nation's economic growth."

"The TWICE Act strengthens America's position in international trade by opening doors for more skilled workers to join our ports, shipyards, and maritime facilities," said Chris Sullivan, Board Chair of World Trade Center New Orleans. "By reducing red tape and modernizing the TWIC process, this legislation addresses critical labor shortages while ensuring secure and efficient trade operations. It's a win for the regional workforce, the nation's supply chain, and the competitiveness of Louisiana as a hub for global commerce."

"Transportation jobs are the backbone of America's prosperity. Transportation workers ensure Americans get what they need, when they need it. Transportation workers are essential workers, delivering in the harshest and most dangerous of conditions. At a time when we all recognize the importance of a secure supply chain, it is critical that we bring in more Americans to the transportation workforce. Many thanks to Congressman Carter and Congressman Higgins for their efforts to make transportation jobs accessible to everyone that wants to contribute to American success," said Sara Fuentes, Vice President, Government Affairs at Transportation Institute.

"Thousands of justice-impacted individuals find themselves unable to access quality jobs because of unnecessary exclusions from credentials like TWIC cards. These barriers do little to support public safety and instead deter qualified talent from pursuing these opportunities" said Sam Schaeffer, Chief Executive Officer of Center for Employment Opportunities. "The TWICE Act would make the process of obtaining a TWIC card more manageable for justice-impacted applicants so every qualified individual has the opportunity to obtain their TWIC card and pursue a sustaining career."

"The TWICE Act shows how smart, bipartisan policy can strengthen our economy," said Michael Hecht, President and CEO of Greater New Orleans, Inc. "By expanding access to the TWIC process, this legislation will help more people move into high-demand maritime, energy, and shipbuilding careers, addressing labor shortages and ensuring Greater New Orleans remains competitive in the global marketplace."

"Allowing incarcerated individuals to apply and appeal decisions to obtain TWIC cards in advance of leaving federal, state, or local prisons promotes public safety. By increasing the chances of employment, we decrease the chances of recidivism after release," said Brett Tolman, Executive Director for Right on Crime and former U.S. Attorney. "The TWICE Act is a common-sense policy idea that allows eligible individuals-who have served their time - a real opportunity to obtain a life-sustaining career."

"As a leading provider of bulk liquid storage and handling services, IMTT depends on a highly skilled, reliable, and diverse workforce to ensure the safe, efficient, and environmentally responsible operation of our terminal facilities across the United States," said Carlin Conner, Chairman and CEO of IMTT. "We believe in giving Americans second chances, breaking down barriers to highly valued jobs, and expanding the talented pool of skilled workers ready and willing to do the hard work of building and operating ships, ports, facilities and other infrastructure that make the U.S. energy industry one of the most dynamic and robust in the world. The TWICE Act does all these things, and we are proud to endorse it. We commend U.S. Reps. Carter and Higgins for their leadership and forward thinking in authoring this important legislation. Its passage will immediately benefit the people and economy of Louisiana, and further brighten the future for energy, maritime, and transportation industries everywhere.IMTT is committed to doing our part in creating safe, well-paying, and accessible career pathways-and we believe the TWICE Act is a critical step toward that goal."

"As a former probation and parole officer, I know accountability is essential for public safety-but accountability must be paired with opportunity. The TWICE Act strengthens public safety by helping lower recidivism while also building pathways for employment and workforce development. By ensuring people returning from prison can contribute productively, this bill upholds justice and reflects the Christian value of redemption," said Scott E. Peyton, Director of Government Affairs, Prison Fellowship.

Background

The Transportation Worker Identification Credential (TWIC) program was created by the Maritime Transportation Security Act (MTSA) of 2002 as a response to September 11th and extenuating concern over national security. TWIC remains critical to national security by regulating access to maritime facilities and vessels. Across the country, there are 13,825 vessels and 3,270 facilities under MTSA's jurisdiction. These facilities are often major employment hubs - ports, terminals, factories, refineries, power plants, and more.

TWIC assists in controlling workers' access, like those involved in the surface transportation of containers in or out of ports or those involved in the construction, maintenance, or operation of adjacent facilities and their associated infrastructure. The Transportation Security Administration (TSA) manages TWIC card applications. In total, 2.3 million Americans have TWIC cards, and about 500,000 Americans enroll per year.

TWIC cards are often required for employment in high-demand professions for which labor is in low supply. Facilities within MTSA's jurisdiction are critical to the supply chain yet are egregiously affected by labor shortages. Nationally, as of October 2023, there is a 2-million-person gap between job openings and unemployed workers, and the labor participation rate has fallen from 67% in 2000 to 62% today.

Before issuing a TWIC card, TSA will conduct a security threat assessment to determine a person's eligibility. Applicants with criminal records, depending on the offense, will be temporarily or permanently disqualified from the TWIC program. According to TSA, individuals in the custody of Federal, State, and local prisons are not eligible until after they are released from custody. After, they will receive a "Preliminary Determination of Illegibility" for one-year post-release, regardless of offense. Applicants may appeal a preliminary determination and go through a redress process, and TSA issues a waiver in most circumstances.

Based on a TSA-verified sample, approximately 98% of applicants are issued a TWIC card, including redress cases. However, approximately 62% of applicants do not respond to redress notifications. Only 0.1% of those requesting redress are denied due to TSA standards. The redress process is burdensome and often takes months for TSA to review conviction details, circumstances, and proof of rehabilitation. Assisting applicants with the redress process - and minimizing the number of applicants going through this process - can accelerate hiring, increase the labor pool, and reduce TSA's administrative burden.

Nearly 30% of American adults have a criminal record, yet adult incarceration nationally has declined by 30% in the past decade. Just in Louisiana, about 13,000 formerly incarcerated persons are released back into communities each year.

The TWICE Act is endorsed by American Trucking Association, American Waterways Operators, American Association of Port Authorities, World Trade Center of New Orleans, Transportation Institute, Center for Employment Opportunities (CEO), GNO Inc., Right on Crime, IMTT, The Cooper Group, Cooper Consolidated, Prison Fellowship, Riverview Boat Store - St. Louis barge company, We Work the Waterways, Central Ohio River Business Association (CORBA), Bayaud Enterprises, Bridgeways, Church World Service, Commercial Drivers License of California, Community Kitchen Pittsburgh, Conservation Corps of Long Beach, First 72+, JOB1 Business & Career Solutions, Justice & Accountability Center of Louisiana, JustUS Coordinating Council, Michigan Collaborative to End Mass Incarceration, National Skills Coalition (NSC), New York Association of Training & Employment Professionals, REDF, Repowered, The Fortune Society, Trade Institute of Pittsburgh, The Los Angeles Regional Reentry Partnership, Valeo Vocation, Jobs for the Future, JustLeadershipUSA, and Reentry Working Group.

Read the full bill here.

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