[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5604 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5604

  To require motor vehicle operators transporting security sensitive 
material in commerce to obtain a permit from the Secretary of Homeland 
                   Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2006

 Mr. Daniel E. Lungren of California (for himself, Ms. Loretta Sanchez 
of California, Mr. Shays, Mr. Thompson of Mississippi, Mr. Simmons, Ms. 
Harman, Mr. Pearce, Ms. Harris, and Mr. McCaul of Texas) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
  To require motor vehicle operators transporting security sensitive 
material in commerce to obtain a permit from the Secretary of Homeland 
                   Security, and for other purposes.

    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 ``Screening Applied Fairly and 
Equitably to Truckers Act of 2006'' or the ``SAFE Truckers Act of 
2006''.

                TITLE I--SURFACE TRANSPORTATION SECURITY

SEC. 101. SURFACE TRANSPORTATION SECURITY.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following:

             ``TITLE XVIII--SURFACE TRANSPORTATION SECURITY

``SEC. 1801. DESIGNATION OF SECURITY SENSITIVE MATERIAL.

    ``(a) Designation.--The Secretary shall designate a material, or a 
group or class of material, in a particular amount and form as security 
sensitive when the Secretary determines that transporting the material 
by motor vehicle in commerce poses a significant risk to homeland 
security due to the potential use of the material in an act of 
terrorism.
    ``(b) Consultation.--In carrying out subsection (a), the Secretary 
shall consult with--
            ``(1) the Secretary of Health and Human Services, on the 
        inclusion of chemical or biological materials or agents; and
            ``(2) the Secretary of Transportation, as appropriate.
    ``(c) Notice and Comment.--The Secretary shall make the 
designations under subsection (a) by regulation after providing notice 
and an opportunity for public comment.

``SEC. 1802. SECURITY SENSITIVE MATERIAL PERMIT.

    ``(a) In General.--Beginning not later than one year after the date 
of enactment of this title, the Secretary shall prohibit an individual 
from operating a motor vehicle in commerce while transporting a 
security sensitive material unless the individual holds a security 
sensitive material permit issued by the Secretary.
    ``(b) Issuance of Permits.--The Secretary may issue a security 
sensitive material permit to an individual if--
            ``(1) the individual holds a license to operate a motor 
        vehicle transporting hazardous material in commerce in 
        accordance with the requirements of section 5103a of title 49, 
        United States Code; and
            ``(2) after conducting a background check under subsection 
        (c), the Secretary determines that the individual does not pose 
        a terrorist security risk warranting denial of the permit.
    ``(c) Background Records Check.--
            ``(1) In general.--Before issuing a security sensitive 
        material permit to an individual, the Secretary, in 
        consultation with the Attorney General, shall conduct a 
        fingerprint-based background records check of relevant criminal 
        history databases regarding the individual.
            ``(2) Written consent.--A background records check 
        regarding an individual may be conducted under this subsection 
        only with the prior written consent of the individual.
            ``(3) Notification.--
                    ``(A) In general.--After conducting a background 
                records check regarding an individual under this 
                section, the Secretary shall--
                            ``(i) notify the individual of the 
                        completion and results of the background 
                        records check; and
                            ``(ii) issue a security sensitive material 
                        permit to the individual or deny issuance of 
                        the permit.
                    ``(B) Limitations on disclosure.--Information 
                gathered under this section shall not otherwise be 
                disclosed.
    ``(d) Expiration of Permits.--A security sensitive material permit 
issued to an individual shall expire at the end of the 5-year period 
beginning on the date of issuance of the permit or at the end of a 
shorter period established by the Secretary by regulation. The 
Secretary may reissue a security sensitive material permit to an 
individual before the date of the permit's expiration after conducting 
a new background records check regarding the individual under 
subsection (c).
    ``(e) Waiver Process.--The Secretary shall prescribe regulations 
that establish a waiver process for issuing a security sensitive 
material permit to an individual found to be otherwise ineligible for 
such a permit under subsection (c). In deciding to issue a permit to 
such an individual, 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 terrorism risk warranting denial of the permit.
    ``(f) Denial of Waiver Review.--
            ``(1) In general.--The Secretary shall establish a review 
        process before an administrative law judge for individuals 
        denied a waiver under subsection (e).
            ``(2) Scope of review.--In conducting a review under the 
        process established pursuant to paragraph (1), the 
        administrative law judge shall be governed by the standards of 
        section 706 of title 5, United States Code. The substantial 
        evidence standard in section 706(2)(E) of such title shall 
        apply whether or not there has been an agency hearing. The 
        judge shall review all facts on the record of the agency.
            ``(3) Classified evidence.--The Secretary, in consultation 
        with the National Intelligence Director, shall issue 
        regulations to establish procedures by which the Secretary, as 
        part of a review conducted under this subsection, may provide 
        to the individual adversely affected by the determination an 
        unclassified summary of classified evidence upon which the 
        denial of a waiver by the Secretary was based.
            ``(4) Review of classified evidence by administrative law 
        judge.--
                    ``(A) Review.--As part of a review conducted under 
                this subsection, if the decision of the Secretary was 
                based on classified information (as defined in section 
                1(a) of the Classified Information Procedures Act (18 
                U.S.C. App.)), such information may be submitted by the 
                Secretary to the reviewing administrative law judge, 
                pursuant to appropriate security procedures, and shall 
                be reviewed by the administrative law judge ex parte 
                and in camera.
                    ``(B) Security clearances.--Pursuant to existing 
                procedures and requirements, the Secretary, in 
                coordination (as necessary) with the heads of other 
                affected departments or agencies, shall ensure that 
                administrative law judges reviewing negative waiver 
                decisions of the Secretary under this subsection 
                possess security clearances appropriate for such 
                review.
                    ``(C) Unclassified summaries of classified 
                evidence.--As part of a review conducted under this 
                subsection and upon the request of the individual 
                adversely affected by the decision of the Secretary not 
                to grant a waiver, the Secretary shall provide to the 
                individual and reviewing administrative law judge, 
                consistent with the procedures established under 
                paragraph (1), an unclassified summary of any 
                classified information upon which the decision of the 
                Secretary was based.
            ``(5) New evidence.--The Secretary shall establish a 
        process under which an individual may submit a new request for 
        a waiver, notwithstanding confirmation by the administrative 
        law judge of the Secretary's initial denial of the waiver, if 
        the request is supported by substantial evidence that was not 
        available to the Secretary at the time the initial waiver 
        request was denied.
    ``(g) Appeals Process.--The Secretary shall establish an appeals 
process under this section for individuals found to be ineligible for a 
security sensitive permit that includes notice and an opportunity for a 
hearing.

``SEC. 1803. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL 
              INTEGRATION.

    ``(a) Integration of Security Sensitive Material Permit.--The 
Secretary shall modify the program established under section 70105 of 
title 46, United States Code, to allow the Secretary to issue a 
security sensitive material permit to an individual as an integrated 
component of a transportation security card.
    ``(b) Machine-Readable Element.--A transportation security card 
referred to in subsection (a) shall indicate the security sensitive 
material permit through a machine-readable element in electronic 
storage on the card.
    ``(c) Fingerprint Locations.--The Secretary shall--
            ``(1) work with appropriate entities to ensure that 
        fingerprinting locations for individuals applying for a 
        transportation security card have flexible operating hours; and
            ``(2) permit an individual applying for a transportation 
        security card to utilize a fingerprinting location outside of 
        the individual's State of residence to the greatest extent 
        practicable.

``SEC. 1804. CONSIDERATION OF OTHER BACKGROUND CHECKS.

    ``(a) Individuals Holding Transportation Security Cards.--An 
individual who holds a transportation security card issued under 
section 70105 of title 46, United States Code, shall be treated as 
having met the requirements of section 1802(c).
    ``(b) Reduction in Fees.--The Secretary shall reduce to the 
greatest extent practicable, any fees associated with obtaining a 
security sensitive material permit under section 1802 for any 
individual referred to in subsection (a).

``SEC. 1805. LIMITATION ON SHIPPERS OF SECURITY SENSITIVE MATERIAL.

    ``The Secretary shall prohibit a person from--
            ``(1) offering a security sensitive material for 
        transportation by motor vehicle in commerce; or
            ``(2) causing a security sensitive material to be 
        transported by motor vehicle in commerce,
unless the motor vehicle operator transporting the security sensitive 
material holds a valid security sensitive material permit.

``SEC. 1806. AUTHORITY TO ENSURE COMPLIANCE.

    ``(a) In General.--The Secretary is authorized to ensure compliance 
with this title.
    ``(b) Memorandum of Understanding.--The Secretary may enter into a 
memorandum of understanding with the Secretary of Transportation to 
ensure compliance with sections 1802(a), 1805, and 1810.

``SEC. 1807. CIVIL PENALTIES.

    ``(a) Penalty.--
            ``(1) In general.--A person that violates this title or a 
        regulation or order issued under this title is liable to the 
        United States Government for a civil penalty of at least $250 
        but not more than $75,000 for each violation.
            ``(2) Increased penalties.--If the Secretary finds that a 
        violation under paragraph (1) results in death, serious 
        illness, or severe injury to any person or substantial 
        destruction of property, the Secretary may increase the amount 
        of the civil penalty for such violation to not more than 
        $100,000.
            ``(3) Separate violations.--A separate violation occurs for 
        each day the violation continues.
    ``(b) Hearing Requirement.--The Secretary may find that a person 
has violated this title or a regulation or order issued under this 
title only after notice and an opportunity for a hearing. The Secretary 
shall impose a penalty under this section by giving the person written 
notice of the amount of the penalty.
    ``(c) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
            ``(1) the nature, circumstances, extent, and gravity of the 
        violation;
            ``(2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the ability to 
        pay, and any effect on the ability to continue to do business; 
        and
            ``(3) other matters that justice requires.
    ``(d) Civil Actions to Collect.--The Attorney General may bring a 
civil action in an appropriate district court of the United States to 
collect a civil penalty under this section and any accrued interest on 
the civil penalty as calculated in accordance with section 1005 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the 
amount and appropriateness of the civil penalty shall not be subject to 
review.
    ``(e) Compromise.--The Secretary may compromise the amount of a 
civil penalty imposed under this section before referral to the 
Attorney General.
    ``(f) Setoff.--The Government may deduct the amount of a civil 
penalty imposed or compromised under this section from amounts it owes 
the person liable for the penalty.
    ``(g) Depositing Amounts Collected.--Amounts collected under this 
section shall be deposited in the Treasury as miscellaneous receipts.

``SEC. 1808. CRIMINAL PENALTIES.

    ``A person that knowingly violates this title or a regulation or 
order issued under this title shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, or both; except that 
the maximum amount of imprisonment shall be 10 years in any case in 
which the violation results in death or bodily injury to any person.

``SEC. 1809. ENFORCEMENT.

    ``(a) In General.--At the request of the Secretary, the Attorney 
General may bring a civil action in an appropriate district court of 
the United States to enforce this title or a regulation or order issued 
under this title. The court may award appropriate relief, including a 
temporary or permanent injunction, punitive damages, and assessment of 
civil penalties considering the same penalty amounts and factors as 
prescribed for the Secretary in an administrative case under section 
1807.
    ``(b) Imminent Security Hazards.--
            ``(1) In general.--If the Secretary has reason to believe 
        that an imminent security hazard exists, the Secretary may 
        bring a civil action in an appropriate district court of the 
        United States--
                    ``(A) to suspend or restrict the transportation of 
                the security sensitive material responsible for the 
                hazard; or
                    ``(B) to eliminate or mitigate the hazard.
            ``(2) Actions by the attorney general.--On request of the 
        Secretary, the Attorney General shall bring an action under 
        paragraph (1).

``SEC. 1810. MOTOR VEHICLE OPERATORS REGISTERED TO OPERATE IN MEXICO OR 
              CANADA.

    ``The Secretary shall prohibit a motor vehicle operator registered 
to operate in Mexico or Canada from operating a motor vehicle 
transporting a security sensitive material in commerce in the United 
States until the operator has undergone a background records check 
similar to the background records check required for motor vehicle 
operators licensed in the United States to transport security sensitive 
materials in commerce.

``SEC. 1811. FEE AUTHORITY.

    ``(a) In General.--The Secretary may charge reasonable fees for 
providing security sensitive material permits and conducting background 
records checks under this title.
    ``(b) Fee Requirements.--The establishment and collection of fees 
under this section shall be subject to the following requirements:
            ``(1) The fees, in the aggregate, shall not exceed the 
        costs incurred by the Department of Homeland Security 
        associated with the program established under this title.
            ``(2) The Secretary shall charge fees in amounts that are 
        reasonably related to the costs of providing services in 
        connection with the activity or item for which the fee is 
        charged.
            ``(3) A fee may not be collected except to the extent such 
        fee will be expended--
                    ``(A) to pay for the costs of providing security 
                sensitive material permits and conducting background 
                records checks under this title;
                    ``(B) to pay for the costs of reviewing and 
                adjudicating requests for waivers and appeals of agency 
                decisions with respect to providing security sensitive 
                material permits, performing background record checks, 
                and denying requests for waivers and appeals under this 
                title; and
                    ``(C) to pay for any other costs related to 
                providing security sensitive material permits or 
                performing background record checks under this title.
            ``(4) Any fee collected shall be available for expenditure 
        only to pay the costs incurred in providing services in 
        connection with the activity or item for which the fee is 
        charged and shall remain available until expended.

``SEC. 1812. TRANSITION.

    ``(a) Treatment of Individuals Receiving Prior Hazardous Materials 
Endorsements.--An individual who has obtained a hazardous materials 
endorsement in accordance with section 1572 of title 49, Code of 
Federal Regulations, before the date of enactment of this title shall 
be treated as having met the requirements of section 1802(c).
    ``(b) Reduction in Fees.--The Secretary shall reduce, to the great 
extent practicable, any fees associated with obtaining a security 
sensitive material permit under this title for any individual referred 
to in subsection (a).

``SEC. 1813. SAVINGS CLAUSE.

    ``Nothing in the title shall be construed as affecting the 
authority of the Secretary of Transportation to regulate hazardous 
materials under chapter 51 of title 49, United States Code.

``SEC. 1814. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) Commerce.--The term `commerce' means trade or 
        transportation in the jurisdiction of the United States--
                    ``(A) between a place in a State and a place 
                outside of the State; or
                    ``(B) that affects trade or transportation between 
                a place in a State and a place outside of the State.
            ``(2) Hazardous material.--The term `hazardous material' 
        means a substance or material the Secretary of Transportation 
        designates under section 5103(a) of title 49, United States 
        Code.
            ``(3) Imminent security hazard.--The term `imminent 
        security hazard' means the existence of a condition relating to 
        security sensitive materials that--
                    ``(A) presents a substantial likelihood of a 
                terrorist attack that would result in death, serious 
                illness, severe personal injury, or substantial 
                endangerment to health, property, or national security; 
                and
                    ``(B) may occur before the reasonably foreseeable 
                completion date of a formal proceeding begun to lessen 
                the risk of that death, illness, injury, or 
                endangerment.
            ``(4) Person.--The term `person', in addition to its 
        meaning under section 1 of title 1, United States Code--
                    ``(A) includes a government, Indian tribe, or 
                authority of a government or tribe offering security 
                sensitive material for transportation in commerce or 
                transporting security sensitive material to further a 
                commercial enterprise; but
                    ``(B) does not include--
                            ``(i) the United States Postal Service; and
                            ``(ii) in section 1807 and 1808, a 
                        department, agency, or instrumentality of the 
                        Government.
            ``(5) Security sensitive material.--The term `security 
        sensitive material' means a substance or material in quantity 
        and form the Secretary designates under section 1801.
            ``(6) Security sensitive material permit.--The term 
        `security sensitive material permit' means a permit issued 
        under section 1802.
            ``(7) Transports; transportation.--The term `transports' or 
        `transportation' means the movement of property and loading, 
        unloading, or storage incidental to the movement.''.

SEC. 102. CONFORMING AMENDMENT.

    The table of contents contained in section 1(b) of the Homeland 
Security Act of 2002 (116 Stat. 2135) is amended by adding at the end 
the following:

             ``TITLE XVIII--SURFACE TRANSPORTATION SECURITY

``Sec. 1801. Designation of security sensitive material.
``Sec. 1802. Security sensitive material permit.
``Sec. 1803. Transportation worker identification credential 
                            integration.
``Sec. 1804. Consideration of other background checks.
``Sec. 1805. Limitation on shippers of security sensitive material.
``Sec. 1806. Authority to ensure compliance.
``Sec. 1807. Civil penalties.
``Sec. 1808. Criminal penalties.
``Sec. 1809. Enforcement.
``Sec. 1810. Motor vehicle operators registered to operate in Mexico or 
                            Canada.
``Sec. 1811. Fee authority.
``Sec. 1812. Transition.
``Sec. 1813. Savings clause.
``Sec. 1814. Definitions.''.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. TASK FORCE ON HIGHWAY SECURITY.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a task force to assess security risks to motor vehicles 
transporting security sensitive material, including the vulnerabilities 
of such motor vehicles to hijacking, en route sabotage, theft, and 
insider threats.
    (b) Membership.--The task force shall be composed of 
representatives of the Department of Homeland Security, the Department 
of Transportation, and representatives of appropriate industry 
officials, including employee organizations.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall transmit to the Secretary and Congress a 
report containing the results of the assessment, including proposed 
solutions for any vulnerabilities identified.

SEC. 202. TASK FORCE ON DISQUALIFYING CRIMES.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a task force to review the lists of crimes that disqualify 
individuals from certain transportation-related employment under 
current regulations of the Transportation Security Administration and 
assess whether such lists of crimes are accurate indicators of a 
terrorism security risk.
    (b) Membership.--The task force shall be composed of 
representatives of appropriate industries, including representatives of 
employee organizations, and Federal agencies.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall transmit to the Secretary and Congress a 
report containing the results of the review, including recommendations 
for a common list of disqualifying crimes and the rationale for the 
inclusion of each crime on the list.

SEC. 203. TASK FORCE ON REDUNDANT CHECKS.

    (a) Establishment.--The Secretary of Homeland Security, in 
consultation with the Attorney General, the Secretary of Defense, and 
the Secretary of Energy, shall establish a task force to review--
            (1) all Federal Government background check, vetting, and 
        clearance programs; and
            (2) the fees imposed under such programs.
    (b) Membership.--The task force shall be composed of 
representatives of appropriate Federal agencies.
    (c) Goal.--The task force shall focus on the goal of creating a 
Government-wide system of background checks to reduce redundancy and 
minimize the costs paid by the individuals subject to such checks.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall transmit to the Secretary and Congress a 
report containing its findings.
                                 <all>