TRANSPORTATION WORKER IDENTIFICAITON CARD (TWIC) ENROLLMENT INFORMATION

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Kenneth Caldwell
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1 TRANSPORTATION WORKER IDENTIFICAITON CARD (TWIC) ENROLLMENT INFORMATION

2 Introduction Since the inception of the Transportation Worker Identification Card (TWIC) by the federal government, recently released offenders and those participating in work release have found it more and more difficult to find employment. The TWIC is essential for workers employed with companies doing business around ports and waterways. The restrictions for obtaining a TWIC ensure most convicted felons will be denied on their initial application (see pages 9-10). This means that many well-paying jobs become difficult to obtain. However, most convicted felons may apply for a waiver and have some hope of obtaining a TWIC through the appeal process. The Department of Public Safety & Corrections has assembled this packet to assist the prison, jail, work release facility, and the offender in navigating through this process successfully. The TWIC Enrollment Checklist (page 14) summarizes the documentation necessary and the procedure for navigating through the appeal process. It is our hope that this guide will lead to an increase in employment for offenders returning to the community.

3 TABLE OF CONTENTS General Information TWIC Enrollment Centers Documentation needed to apply for a TWIC card Sample reference letters from DPS&C to TWIC officials Disqualifying Offenses Appeal and Waiver Process TWIC Enrollment Checklist Page 1 Page 2 Pages 3-5 Pages 6-7 Pages 8-9 Pages Page 13

4 GENERAL INFORMATION What is TWIC? o TWIC is a common identification credential for all personnel requiring unescorted access to secure areas of MTSA-regulated facilities and vessels, and all mariners holding Coast Guard-issued credentials. Individuals who meet TWIC eligibility requirements will be issued a tamper-resistant credential containing the worker's biometric (fingerprint template) to allow for a positive link between the card and the individual. How was TWIC created? o Congress directed the federal government, through the Maritime (MTSA), to issue a biometric security credential to individuals with unescorted access to secure areas of facilities and vessels and all mariners holding Coast Guard- issued credentials or qualification documents. Controlling access to secure areas is critical to enhancing port security. How will the TWIC be used'? o During the initial rollout, TWIC will be used for visual identity checks. TWIC holders will present their cards to authorized personnel, who will compare foe holder to his or her photo, inspect security features on the TWIC and evaluate the card for signs of tampering. The Coast Guard will conduct vessel and facility inspections and use hand -held readers during spot checks to ensure credentials are valid and identity is verified. A second rulemaking will establish access control requirements, including the use of electronic readers by certain vessel and facility owners and operators. Who must get a TWIC'? o We anticipate that over 1.2 million individuals will apply for a TWIC. This includes Coast Guard-credentialed merchant mariners, port facility employees, long shore workers, truck drivers, and others requiring unescorted access to secure areas of maritime facilities and vessels regulated by MTSA.

5 TWIC ENROLLMENT CENTERS Individuals interested in applying for a TWIC Card must go to an enrollment center and apply. Enrollment centers in the state of Louisiana are as follows: TWIC Enrollment Center Safety Council for Louisiana Capital Area 8180 Siegen Ln. Baton Rouge, La TWIC Enrollment Center TNT-Thatcher Building 309 Goode Street Houma, La TWIC Enrollment Center Suite Lake Shore Drive Lake Charles, La TW1C Enrollment Center Suite David Drive Morgan City, La TWIC Enrollment Center 10 North Alex Plaisance Blvd. Golden Meadow, La TWIC Enrollment Center Suite B S. Harrells Ferry Rd. Baton Rouge, La TWIC Enrollment Center Suite 1B 102 Westmark Blvd. Lafayette, La TWIC Enrollment Center Suite Edenborn Ave. Metairie, La TWIC Enrollment Center Suite James Drive East St. Rose, La TWIC Enrollment Center LaPlace Shopping Center 933 West Airline Hwy LaPlace, La You must bring a money order or certified cashiers check in the amount of $ payable to Lockheed Martin to enroll for a TWIC card. This is non-refundable. 2

6 Required Documentation for U.S. Citizens Transportation Worker Identification Credential (TWIC) Enrollment * As of February 17, 2009* U.S. Citizens (or U.S. Nationals) born in the United States If you are a citizen of the United States (or its outlying possessions) and you were born in the United States ( or its outlying possessions), you must provide one document from column A or two documents from column B. If you present two documents from column B, at least one of them must be a government-issued photo ID, such as a state-issued driver's license, military ID card, or state identification card. Note: U.S. Mariners who hold or intend to apply for U.S. Coast Guard issued-credentials should note that they may be required to provide the Coast Guard with copies of additional proof of nationality and/or citizenship. Information on this can be found at the "General Inforn1ation" package. List A - one document Unexpired U.S. passport book or passport card Unexpired Merchant Mariner Document (MMD) Unexpired Free and Secure Trade (FAST) Card Unexpired NEXUS Card Unexpired Secure Electronic Network for Travelers Rapid Inspection (SENTRI) Card List B - two documents (with one of the two being a government-issued photo ID) Driver's license issued by a State or outlying possession of the United States (this includes an Enhanced Driver's License) ID card issued by a State or outlying possession of the United States. Must include a State or State agency seal or logo (such as state port authority ID or State University ID). Original or certified copy of birth certificate issued by a State, county, municipal authority, or outlying possession of the United States bearing an official seal Voter's registration card U. S. military ID card or U. S. retired military ID U. S. military dependent's card Expired U. S. passport (within 12 months of expiration) Native American tribal document U. S. Social Security card U.S. Military discharge papers DD-214 Department of Transportation (DOT) medical card U.S. Civil marriage certificate Merchant Mariner License (MML) bearing an official raised seal, or a certified copy Department of Homeland Security (DHS)/ Transportation Security Administration (TSA) Transportation Worker Identification Credential (TWIC) Card 3

7 Required Documentation for U.S. Citizens - Transportation Worker Identification Credential (TWIC) Enrollment * As offebruary 17, 2009* U. S. Citizens (or U.S. Nationals) born outside the United States If you are a citizen of the United States (or its outlying possession) but you were born outside the United States (or its outlying possessions), you must provide one document from column A or two documents from column B. If you present two documents from column B, at least one of them must be a government-issued photo ID, such as driver's license issued by a State or outlying possession of the United States, military ID card, or identification card issued by a State or outlying possession of the United States. One of the documents you provide must demonstrate that you are a citizen of the United States. If you do not bring one of these documents with you to enrollment, or if for any reason the document does not get scanned into your enrollment record, you may receive a letter informing you that you are initially disqualified from receiving a TWIC. In this situation, please follow the specified instructions that accompany this letter and provide the required documentation (identifying U.S. citizenship) as quickly as possible. Note: U.S. Mariners who hold or intend to apply for U.S. Coast Guard issued-credentials should note that they may be required to provide the Coast Guard with copies of additional proof of nationality and/or citizenship. Information on this can be found at in the "General Information" package. List A - one document Unexpired U. S. passport book or passport card demonstrates U. S. citizenship Unexpired Merchant Mariner Document (MMD) - demonstrates U. S. citizenship if indicated on the MMD Unexpired Free and Secure Trade (FAST) Card Unexpired NEXUS Card demonstrates U. S. citizenship demonstrates U. S. citizenship Unexpired Secure Electronic Network for Travelers Rapid Inspection (SENTRI) Card - demonstrates U. S. citizenship List B - two documents (with one of the two being a government-issued photo ID, and one must demonstrate U. S. citizenship), U. S. Certificate of Citizenship (N-560, 561) - demonstrates U. S. citizenship U.S. Certificate of Naturalization (N-550 or 570)-demonstrates U.S. citizenship U. S. Citizen Identification Card (I-197) - demonstrates U. S. citizenship Expired U. S. passport ( within 12 months of expiration) - demonstrates U. S. citizenship Consular Report of Birth (FS-240) demonstrates U. S. citizenship Certification of Report of Birth (DS-1350) -demonstrates U.S. citizenship Driver's license issued by a State or outlying possession of the United States (this includes an Enhanced Driver's License) 4

8 Required Documentation for U.S. Citizens - Transportation Worker Identification Credential (TWIC) Enrollment *As of February 17, 2009* U.S. Citizens (or U.S. Nationals) born outside the United States -- (continued) ID card issued by a State or outlying possession of the United States. Must include a State or State agency seal or logo (such as state port authority ID or State University ID). Voter's registration card U. S. military ID card or U. S. retired military ID U.S. military dependent's card U. S. Social Security card U.S. Military discharge papers DD-214 Department of Transportation (DOT) medical card U.S. Civil marriage certificate Merchant Mariner License (MML) bearing an official raised seal, or a certified copy Department of Homeland Security (DHS)/ Transportation Security Administration (TSA) Transportation Worker Identification Credential (TWIC) Card 5

9 Date To Whom It May Concern: This letter is written on behalf of, who has fulfilled all aspects of his incarceration and is prepared to return to full time employment. In preparation for his return home, he has completed the following educational, vocational and self-improvement programs as provided by the Louisiana Department of Public Safety and Corrections, at Dixon Correctional Institute: Educational Programs: Vocational Programs: Selflmprovement Programs: In addition to the above programs, he has participated in 100 hours of life skills programs which include job interview skills, communications, financial responsibility, parenting, substance abuse education, and victim awareness. Due to his commitment to self-improvement and completion of all of the above referenced programs, we hope every consideration appropriate to employment will be afforded him. Statistics overwhelmingly indicate that the sooner an individual obtains employment upon release from incarceration, the better chances that individual has to succeed. We thank you in advance for any consideration you may afford. Sincerely, Warden 6

10 Date: RE: <Offender Name> <Offender Address> To whom it may concern: This letter is to inform you that the above named subject is currently on supervision with the District Office of Probation and Parole located at The subject is currently being supervised for the offense(s) of. The subject's supervision is set to expire on The subject is currently in compliance with the conditions of his/her supervision. Obtaining a TWIC card will assist this subject in gaining and/or maintaining employment, which will contribute to his/her ability to meet financial obligations and reduce the likelihood of returning to incarceration. If any further assistance is needed please contact the supervising officer. Sincerely, <Officer Name> <Title> <Phone Number> 7

11 A. Permanent Disqualifying Offenses Disqualifying Offenses Conviction for one of the following felonies is disqualifying regardless of when it occurred, and the applicant is not eligible for a waiver. 1. Espionage or conspiracy to commit espionage. 2. Sedition, or conspiracy to commit sedition. 3. Treason, or conspiracy to commit treason. 4. A federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or comparable State law, or conspiracy to commit such crime. Conviction for one of the following felonies is disqualifying regardless of when it occurred, and the applicant may apply for a waiver. 5. A crime involving a transportation security incident. A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C The term "economic disruption" does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute. 6. Improper transportation of a hazardous material under 49 U.S.C. 5124, or a State law that is comparable. 7. Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device. An explosive or explosive device includes an explosive or explosive material as defined in 18 U.S.C. 232(5), 841(c) through 841( ), and 844U); and a destructive device, as defined in 18 U.S.C. 921(a)(4) and 26 u.s.c. 5845( ). 8. Murder. 9. Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a pub:ic transportations system, or an infrastructure facility. 10. Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the crimes listed in Column A. 11. Attempt to commit the crimes in Part A, items Conspiracy or attempt to commit the crimes in Part A, items

12 B. Interim Disqualifving Offenses Conviction for one of the following felonies is disqualifying if the applicant was convicted, pied guilty (including 'no contest'), or found not guilty by reason of insanity within 7 years of the date of the TWIC application; OR if the applicant was released from prison after conviction within 5 years of the date of the application. The applicant may apply for a waiver. 13. Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 92l(a)(3) or 26 U.S.C (a), or items contained on the U.S. Munitions Import List at 27 CFR Extortion. 15. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering where the money laundering is related to a crime described in Columns A or B. Welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of this paragraph. 16. Bribery. 17. Smuggling. 18. Immigration violations. 19. Distribution of, possession with intent to distribute, or importation of a controlled substance. 20. Arson. 21. Kidnapping or hostage taking. 22. Rape or aggravated sexual abuse. 23. Assault with intent to kill. 24. Robbery. 25. Fraudulent entry into a seaport as described m 18 U.S.C. 1036, or a comparable State law. 26. Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, other than the violations listed in Part A, item Conspiracy or attempt to commit felonies listed in Part B. 9

13 Appeals Appeal or waiver materials must be sent to the address listed in your Initial Determination of Threat Assessment (IDTA) letter. You may appeal an IDTA if you demonstrate that you: Do not have a disqualifying criminal offense; Meet the immigration status requirements; Do not pose a terrorism threat; and/or Do not lack mental capacity. The time frame is 60 days after the date of service of the IDT A if you are providing written proof that the open disposition identified in the initial determination did not result in a criminal conviction. The time frame is 60 days after the date of service of the IDTA or TSA's response to your request for records. You must state why you dispute TSA's determination and be able to demonstrate with documentation that you(r): conviction identified in the initial determination is incorrect; Received a pardon; conviction was expunged or overturned on appeal; Are a citizen of the Cnited States who has not renounced or lost his or her United States' citizenship; Are a lawful permanent resident of the United States: o in lawful nonimmigration status and possesses valid evidence of unrestricted employment authorization; o a refugee admitted under 8 U.S.C & 1157, and possesses valid evidence of o unrestricted employment authorization; or an alien granted asylum under 8 U.S.C. & 1158, and possesses valid evidence of unrestricted employment authorization; Are not found to be lacking mental capacity; Are not committed to a mental institution; Do not pose a threat to national security, to transportation security, or of terrorism; Do not have extensive foreign or domestic criminal convictions; Were not convicted of a serious offense that is not otherwise listed as a disqualifying criminal conviction in 49 C.F.R. & ; or Have not been incarcerated for more than 365 consecutive days. 10

14 Waivers You may apply for a waiver if you have been convicted of certain criminal offenses. You may also apply for a waiver if you were declared mentally incompetent in the past year. Individuals convicted of the following offenses may not apply for a waiver: Treason Sedition Espionage; or Crimes of terrorism. You have 60 days after the date of service of the Final Determination of Threat Assessment to request a waiver. The waiver request must be made in writing. You may not submit appeal or waiver materials prior to applying for the threat assessment. You must have been served with an IDTA letter first (SAMPLE COPY A TT ACHED) You must request the waiver request in writing via mail; it must include all of the following information: Full name; Home address; Phone number; Date of birth; Place of birth (city, state, country); Social security number or alien registration number; Driver's license number and issuing state; Employment authorization documents (if applicable); and Explanation of the circumstances of the disqualifying offense(s) and any factors you believe are mitigating. Submit supporting documentation. It is strongly encouraged that you provide as much information as possible; however, at least one of the following must be included: Official court documents that show the disposition of the case; Official proof of restitution, if applicable; Official paperwork demonstrating the completion of all terms of the sentence (time served, probation, community service, etc), if applicable; A letter from the probation officer and/or a certificate completion from a rehabilitation program, if applicable; A letter of reference from a current supervisor on company letterhead; Any awards, recognition, or performance appraisals received in the past three years that demonstrate competency or commitment to transportation safety and security; and Any other informatim that would aid TSA in making a determination on eligibility for a waiver 11

15 TSA TWIC REQUEST COVER SHEET FROM: Daytime Telephone Number (Area Code) DIRECTIONS FOR THE APPLICANT Review and correct the above information as needed; 2) Select from the options listed below by marking the appropriate box(es); and 3) Attach this cover sheet to the front of any documentation submitted to TSA. [ ] EXTENSION OF TIME: I will require more than 60 days to obtain documentation for my appeal or waiver request. [ ] REQUEST FOR RELEASABLE MATERIALS: I request a copy of my FBI rap sheet or other releasable materials. [ ] APPEAL: I dispute the initial detennination because (check appropriate box(es) and provide supporting documentation): CRIMINAL RECORD ISSUES: [ ] My arrest/indictment did not result in a felony conviction [ ] I was convicted of a misdemeanor offense, not a felony [ J I received a pardon [ ] My conviction was overturned on appeal [ ] My conviction was expunged [ ] My conviction is more than 7 years old [ ] I am released from incarceration more than 5 years ago [ J Other (an explanation must be provided) CITIZENSHIPnMMIGRATION ELIGIBILITY ISSUES: [ ] I am a U.S. citizen or citizen of one of the five U.S. Territories [ ] I am a lawfal permanent resident of the U.S. [ ] I hold a visa that is approved for this program [ ] I am a refugee or an alien who has been granted asylum [ ] Other (an explanation must be provided) [ ] WAIVER: I have a disqualifying criminal offense(s), but seek to have TSA waive the disqualification because (check appropriate box(es) and provide supporting documentation): [ ] My offense dates back several years and I have not subsequent convictions [ ] My criminal record does not show repeated felony convictions [ ] I have evidence demonstrating my rehabilitation [ J I am an alien in Temporary Protected Status [ J Other (an explanation must be provided) Correspondence must be mailed via U.S. Postal Service to: Transportation Security Administration TSA TWIC Processing Center P.O. Box 8118 Fredericksburg, VA Please ensure that all documents provided for TSA's reconsideration of the initial eligibility assessment are attached. Closely following these directions will help ensure expedited processing of your request. 12

16 TWIC ENROLLMENT CHECKLIST 1) Prior to Release Obtain two forms of identification (State I.D. and SS Card). Obtain official court documents (Bill of Information, Conviction and Sentencing Minutes) showing disposition of case to bring with you for enrollment. Have proof of restitution payments or balance if owed if applicable (see waiver). Write letter of appeal in case your application is rejected so you can submit a waiver request. Make sure you show remorse and give examples of what you have accomplished to improve yourself. Complete TWIC Card request cover sheet to be submitted with enrollment package. Contact Classification staff if assistance is needed. 2) After Release Take all documents (see pages 3-6 in manual) needed to apply for a TWIC Card and go to a TWIC Card enrollment center and apply in person (see page 2 in manual). If your original application is rejected, submit the waiver request letter written prior to release to the TWIC Card enrollment center where you applied. You must include certain documentation with your waiver request letter to include 2 letters of support (see pages 9-10 in manual). Do not be discouraged if the original application is rejected. Most individuals are able to obtain a TWIC Card on appeal. 13

Frequently Asked Questions

QUICK REFERENCE CARD TWIC Quick Notes Frequently Asked Questions What is TWIC? TWIC is a common identification credential for all personnel requiring unescorted access to secure areas of MTSA-regulated