To clarify who poses a security risk. the Department of Homeland Security recently issued regulations that bar certain serious felons from receiving these TWICs. Specifically. the regulations permanently bar from our ports criminals convicted of espionage. sedition. treason. terrorism. crimes involving transportation security. improper transport of hazardous material. unlawful use of an explosive device. bomb threats. murder. violation of the RICO Act. where one of the above crimes is a predicate act. and conspiracy to commit any of these crimes. The Department of Homeland Security regulations also bar recent felonsdefined as those convicted within the last 7 years or incarcerated in the last 5 yearsfrom gaining access to our ports if they have been convicted of any of the following felonies: assault with Intent to murder. kidnapping or hostagetaking. rape or aggravated sexual abuse. unlawful use of a firearm. extortion. fraud. bribery. smuggling. immigration violations. racketeering. robbery. drug dealing. arson. or conspiracy to commit any of these crimes. These regulations were developed after an extensive process that Included consultation with the Department of Justice and Transportation to identify individuals who have a propensity to engage in unlawful activity. specifically activity that places our ports at risk. These regulations governing who can gain access to our seaports are nearly identical to the regulations that govern those who can gain access to our airports as well as those who can transport hazardous material in our country.
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