[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.
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