[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1750 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1750
To make technical corrections to the HAZMAT provisions of the USA
PATRIOT Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2001
Mr. Hollings (for himself, Mr. McCain, Mr. Breaux, and Mr. Smith of
Oregon) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To make technical corrections to the HAZMAT provisions of the USA
PATRIOT Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazmat Endorsement Requirements
Act''.
SEC. 2. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
(a) In General.--Chapter 313 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 31318. Issuance, renewal, upgrade, transfer, and periodic check
of hazmat licenses
``(a) In General.--A State may not issue, renew, upgrade, or
transfer a hazardous materials endorsement for a commercial driver's
license to any individual authorizing that individual to operate a
commercial motor vehicle transporting a hazardous material in commerce
unless the Secretary of Transportation has determined that the
individual does not pose a security risk warranting denial of the
endorsement or license. Each State shall implement a program under
which a background records check is requested--
``(1) whenever a commercial driver's license with a
hazardous materials endorsement is to be issued, renewed,
upgraded, or transferred; and
``(2) periodically (as prescribed by the Secretary by
regulations) for all other individuals holding a commercial
driver's license with a hazardous materials endorsement.
``(b) Determination of Security Risk.--
``(1) In general.--An individual may not be denied a
hazardous materials endorsement for a commercial driver's
license under subsection (a) unless the Secretary determines
that individual--
``(A) in the 10-year period ending on the date of
the background investigation, was convicted (or found
not guilty by reason of insanity) of an offense
described in section 44936(b)(1)(B) of this title
(disregarding the matter in clause (xiv)(IX) after `1
year,');
``(B) is described in section 175b(b)(2) of title
18, United States Code; or
``(C) may be denied admission to the United States
or removed from the United States under subclause (IV),
(VI), or (VII) of section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
``(2) Mitigating circumstances.--In making a determination
under paragraph (1), the Secretary shall give consideration to
the circumstances of any disqualifying act or offense,
restitution made by the individual, Federal and State
mitigation remedies, and other factors from which it may be
concluded that the individual does not pose a security risk
warranting denial of the license or endorsement.
``(3) Appeals process.--The Secretary shall establish an
appeals process under this section for individuals found to be
ineligible for a hazardous materials endorsement for a
commercial driver's license that includes notice and an
opportunity for a hearing.
``(c) Background Records Check.--
``(1) In general.--Upon the request of a State regarding
issuance of a hazardous materials endorsement for a commercial
driver's license to an individual, the Attorney General shall--
``(A) conduct a background records check regarding
the individual;
``(B) take appropriate criminal enforcement action
required by information developed or obtained in the
course of the background check; and
``(C) upon completing the background records check,
notify the Secretary of Transportation of the
completion and results of the background records check.
``(2) Scope.--A background records check regarding an
individual under this subsection shall consist of the
following:
``(A) A check of the relevant criminal history data
bases.
``(B) In the case of an alien, a check of the
relevant data bases to determine the status of the
alien under the immigration laws of the United States.
``(C) As appropriate, a check of the relevant
international data bases through Interpol-U.S. National
Central Bureau or other appropriate means.
``(D) Review of any other national security-related
information or data base identified by the Attorney
General for purposes of such a background records
check.
``(3) Secretary to notify state.--After making the
determination required by subsection (b)(1), the Secretary of
Transportation shall promptly notify the State of the
determination.
``(d) Reporting Requirement.--Each State shall submit to the
Secretary of Transportation, at such time and in such manner as the
Secretary may prescribe, such information as the Secretary may require,
concerning each individual to whom the State issues a hazardous
materials endorsement for a commercial driver's license.
``(e) Restrictions on Use and Maintenance of Information.--
``(1) FOIA not to apply.--Information obtained by the
Attorney General or the Secretary of Transportation under this
section may not be made available to the public under section
552 of title 5, United States Code.
``(2) Confidentiality.--Any information other than criminal
acts or offenses constituting grounds for disqualification
under subsection (b)(1) shall be maintained confidentially by
the Secretary and may be used only for making determinations
under this section.
``(f) Renewal Waiver for Background Check Delays.--The Secretary
shall provide a waiver for State compliance with the requirements of
subsection (a) for renewals to the extent necessary to avoid the
interruption of service by a license holder while a background check is
being completed.
``(g) Definitions.--In this section:
``(1) Hazardous materials.--The term `hazardous material'
means--
``(A) a substance or material designated by the
Secretary under section 5103(a) of this title for which
the Secretary requires placarding of a commercial motor
vehicle transporting it in commerce; and
``(B) a substance or material, including a
substance or material on the Centers for Disease
Control's list of select agents, designated as a
hazardous material by the Secretary under procedures to
be established by the Secretary.
``(2) Alien.--The term `alien' has the meaning given the
term in section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)).''.
(b) Enforcement.--Section 31311(a) of title 49, United States Code,
is amended by adding at the end the following:
``(21) The State shall comply with the requirements of
section 31318.''.
(c) Conforming Amendments.--
(1) Section 31305(a)(5)(C) of title 49, United States Code,
is amended by striking ``section 5103a'' and inserting
``section 31318''.
(2) The chapter analysis for chapter 313 is amended by
adding at the end the following:
``31318. Limitation on issuance of hazmat licenses.''.
(3) Chapter 51 of title 49, United States Code, is
amended--
(A) by striking section 5103a; and
(B) by striking the item in the chapter analysis
relating to section 5103a.
(4) Section 1012(c) of the USA PATRIOT Act of 2001 is
amended by striking ``section 5103a'' and inserting ``section
31318''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 26, 2001.
(2) Limit on retroactivity.--Notwithstanding paragraph (1),
no enforcement action shall be taken against a State under
section 31311 (a) (21) of title 49, United States Code, for any
act committed, or failure to act that occurred, in violation of
that section before the effective date of the interim final
rule prescribed by the Secretary of Transportation under
section 31318 of title 49, United States Code.
(3) Interim final rule authority.--The Secretary of
Transportation shall issue an interim final rule as a temporary
regulation under section 31318 of title 49, United States Code,
as soon as practicable after the date of enactment of this Act
without regard to the provisions of chapter 5 of title 5,
United States Code. The Secretary shall initiate a rulemaking
in accordance with such provisions as soon as practicable after
the date of enactment of this Act. The final rule issued
pursuant to that rulemaking shall supersede the interim final
rule promulgated under this paragraph.
SEC. 3. PROHIBITION ON OPERATING WITHOUT PROPER HAZMAT ENDORSEMENT OR
LICENSE.
(a) In General.--Chapter 313 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 31319. Prohibition on unauthorized transportation of hazardous
materials
``(a) In General.--Notwithstanding any provision of law, treaty, or
international agreement to the contrary, after the effective date of
the interim final rule promulgated by the Secretary of Transportation
under section 2(d)(3) of the Hazmat Endorsement Requirements Act, no
individual may operate a commercial motor vehicle transporting a
hazardous material in commerce in the United States without a hazardous
materials endorsement or a license authorizing that individual to
operate a commercial motor vehicle transporting a hazardous material in
commerce--
``(1) issued by a State in accordance with the requirements
of section 31318 of this title; or
``(2) issued by the government of Canada or Mexico, or a
political subdivision thereof, after a background check that is
the same as, of substantially similar to, the background check
required by section 31318.
``(b) Penalty.--The Secretary shall by regulation prescribe the
penalty for violation of subsection (a).''.
(b) Conforming Amendment.--The chapter analysis for chapter 313 is
amended by adding at the end the following:
``31319. Prohibition on unauthorized transportation of hazardous
materials.''.
SEC. 4. PENALTY FOR FRAUDULENT ISSUANCE OR RENEWAL OF COMMERCIAL
DRIVER'S LICENSE.
(a) In General.--Chapter 313 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 31320. Penalty for fraudulent issuance, renewal, upgrade, or
transfer of commercial driver's license.
``Any person who knowingly issues, obtains, or knowingly
facilitates the issuance, renewal, upgrade, transfer, or obtaining of,
a commercial driver's license or an endorsement for a commercial
driver's license knowing the license or endorsement to have been
wrongfully issued or obtained, or issued, renewed, upgraded,
transferred, or obtained through the submission of false information or
the intentional withholding of required information is guilty of a
Class E felony punishable by a fine, imprisonment, or both as provided
in title 18, United States Code.''.
(b) Conforming Amendment.--The chapter analysis for chapter 313 is
amended by adding at the end the following:
``31320. Penalty for fraudulent issuance of renewal of commercial
driver's license.''.
SEC. 5. MOTOR CARRIER SECURITY REPORT.
(a) In General.--
(1) In general.--The Secretary of Transportation shall
assess the security risks associated with motor carrier
transportation and develop prioritized recommendations for--
(A) improving the security of hazardous materials
shipments by motor carriers, including shipper
responsibilities;
(B) using biometrics or other identification
systems to improve the security of motor carrier
transportation;
(C) technological advancements in the area of
information access and transfer for the purpose of
identifying the location of hazmat shipments and
facilitating the availability of safety and security
information; and
(D) reducing other significant security related
risks to public safety and interstate commerce, taking
into account the impact that any proposed security
measure might have on the provision of motor carrier
transportation.
(2) Existing private and public sector efforts.--The
assessment shall include a review of any actions already taken
to address identified security issues by both public and
private entities.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Secretary shall--
(1) consult with operators, drivers, safety advocates, and
public safety officials (including officials responsible for
responding to emergencies); and
(2) utilize, to the maximum extent feasible, the resources
and assistance of the Transportation Research Board of the
National Academy of Sciences.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report, without compromising national
security, containing--
(A) the assessment and prioritized recommendations
required by subsection (a);
(B) any proposals the Secretary deems appropriate
for providing Federal financial, technological, or
research and development to assist carriers and
shippers in reducing the likelihood, severity, and
consequences of deliberate acts of crime or terrorism
toward motor carrier employees, shipments, or property;
and
(C) data on the number of shipments and type of
hazardous materials for which placarding is required
for transport by motor carriers in the United States,
including the transport of hazardous materials
shipments by Canadian or Mexican motor carriers with
authority to enter into the United States.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
SEC. 6. STUDY.
The Secretary of Transportation shall conduct research and
operational testing to determine the feasibility, costs, and benefits
of requiring motor carriers transporting certain high-risk hazardous
materials, as determined by the Secretary, to install ignition or
engine locking devices, silent alarms, satellite technology, or other
mechanisms to increase the security associated with the transportation
of such shipments by motor carriers. The Secretary may conduct a pilot
program to assess such devices.
<all>