By Kyle Weimann
ILWU Legislative Assistant

After months of negotiations, the Senate and House finally agreed on a version of the Coast Guard and Maritime Transportation Act. It has now passed both houses and has gone to the President to await his expected signature.

Part of this Act has language the ILWU has been lobbying hard for laying out an appeals process for the Transportation Worker Identification Credential (TWIC). It codifies in statute the right to an independent appeal including a full review of all evidence. If longshore workers, or any other workers needing unescorted access to secure areas of the port, are denied a TWIC card, they will have the right to request a waiver from the Dept. of Homeland Security (DHS). If the waiver is denied, they can then appeal that decision to an independent Administrative Law Judge (ALJ).

The ALJ will hear all evidence and have access to the entire record of the case. If the denial was based on classified information, the ALJ will have access to the classified information and the declassified version will be given to the individual.

The amendment language also includes the ability to present new evidence requesting a waiver even after the initial request was denied and subsequently confirmed by the ALJ. The DHS will have to review any substantial new evidence that is submitted and reconsider the waiver request.

The results of the TSA/Coast Guard rulemaking laying out the final list of exclusionary criminal offenses are still being awaited. The ILWU has lobbied on all fronts—during public hearings, meetings with TSA, encouraging Congressional statements, and in formal comments—to keep the list focused on terrorism-related crimes.

The appeals process has been a top priority for the ILWU since the TWIC card was announced—the initial authorizing legislation did not include any form of appeal. This victory was the result of the hard work of ILWU Legislative Director Lindsay McLaughlin, the International and Coast Officers and Legislative and Port Security Committee members who met with the TSA and Coast Guard, direct lobbying from union members during the Legislative Conference, testimony provided by ILWU Port Security Director Mike Mitre and ILWU Security Liaison Gary Brown, and expert legal opinions written by ILWU attorneys Rob Remar and Eleanor Morton.

To get the final language included in the conference report, the ILWU worked closely with several important members of Congress and their staff, including Senator Daniel Inouye (D-HI) and Rep. Bennie Thompson (D-MS) and Rep. Peter King (R-NY), the ranking member and chair respectively of the House Homeland Security Committee.