[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5915 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5915

  To amend the Homeland Security Act of 2002 to require motor vehicle 
   operators transporting security sensitive material in commerce to 
 obtain a transportation security card from the Secretary of Homeland 
                   Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2008

  Mr. Daniel E. Lungren of California introduced the following bill; 
        which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
  To amend the Homeland Security Act of 2002 to require motor vehicle 
   operators transporting security sensitive material in commerce to 
 obtain a transportation security card 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 2008'' or the ``SAFE Truckers Act of 
2008''.

                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 XXI--SURFACE TRANSPORTATION SECURITY

``SEC. 2101. 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 national 
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. 2102. TRANSPORTATION OF SECURITY SENSITIVE MATERIALS.

    ``(a) Motor Vehicle Operators.--The Secretary shall prohibit an 
individual from operating a motor vehicle in commerce while 
transporting a security sensitive material unless the individual holds 
a transportation security card issued by the Secretary under section 
70105 of title 46, United States Code.
    ``(b) Shippers.--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 transportation security card.

``SEC. 2103. ENROLLMENT LOCATIONS.

    ``The Secretary shall--
            ``(1) work with appropriate entities to ensure that 
        fingerprinting locations for individuals applying for a 
        transportation security card under section 70105 of title 46, 
        United States Code, 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. 2104. 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 2102 and 2107(b).

``SEC. 2105. 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 a transportation 
        security incident, 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. 2106. CRIMINAL PENALTIES.

    ``A person that willfully 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 a transportation security incident.

``SEC. 2107. 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 
2105.
    ``(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. 2108. COMMERCIAL MOTOR VEHICLE OPERATORS REGISTERED TO OPERATE 
              IN MEXICO OR CANADA.

    ``A commercial motor vehicle operator registered to operate in 
Mexico or Canada shall not operate a commercial 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 commercial motor 
vehicle operators licensed in the United States to transport security 
sensitive materials in commerce.

``SEC. 2109. 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 background check requirements of the 
transportation security card under section 70105 of title 46, United 
States Code, subject to reissuance or expiration dates as determined by 
the Secretary.
    ``(b) Reduction in Fees.--The Secretary shall reduce, to the great 
extent practicable, any fees associated with obtaining a transportation 
security card under section 70105 of title 46, United Sates Code, for 
any individual referred to in subsection (a).

``SEC. 2110. 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. 2111. 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 
                transportation security incident; and
                    ``(B) may occur before the reasonably foreseeable 
                completion date of a formal proceeding begun to lessen 
                the risk of that incident.
            ``(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 sections 2105 and 2106, 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 2101.
            ``(6) Transports; transportation.--The term `transports' or 
        `transportation' means the movement of property and loading, 
        unloading, or storage incidental to the movement.
            ``(7) Transportation security incident.--The term 
        `transportation security incident' has the meaning given that 
        term by section 70101 of title 46, United States Code.''.

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 XXI--SURFACE TRANSPORTATION SECURITY

``Sec. 2101. Designation of security sensitive material.
``Sec. 2102. Transportation of security sensitive materials.
``Sec. 2103. Enrollment locations.
``Sec. 2104. Authority to ensure compliance.
``Sec. 2105. Civil penalties.
``Sec. 2106. Criminal penalties.
``Sec. 2107. Enforcement.
``Sec. 2108. Commercial motor vehicle operators registered to operate 
                            in Mexico or Canada.
``Sec. 2109. Transition.
``Sec. 2110. Savings clause.
``Sec. 2111. Definitions.''.

SEC. 103. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

    Section 5103a of title 49, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Limitation.--The Secretary of Homeland Security shall 
periodically conduct a name-based background check of all individuals 
who possess a license to operate a motor vehicle transporting in 
commerce a hazardous material for which the Secretary of Transportation 
requires placarding. Such a name-based check shall be conducted against 
the integrated and consolidated terrorism watch list maintained by the 
Federal Government and relevant databases.'';
            (2) by striking subsections (b) and (d) and redesignating 
        subsections (c), (e), (f), (g), and (h) as subsections (b), 
        (c), (d), (e), and (f), respectively;
            (3) in subsection (e) (as redesignated by paragraph (3) of 
        this section)--
                    (A) by striking paragraph (1) and redesignating 
                paragraphs (2) through (5) as paragraphs (1) through 
                (4), respectively;
                    (B) in paragraph (2) (as redesignated by 
                subparagraph (A) of this paragraph) by striking 
                ``Director'' and inserting ``Assistant Secretary of 
                Homeland Security (Transportation Security 
                Administration)'';
                    (C) in paragraph (3) (as redesignated by 
                subparagraph (A) of this paragraph) by striking 
                ``Director'' and inserting ``Assistant Secretary''; and
                    (D) in paragraph (4) (as redesignated by 
                subparagraph (A) of this paragraph)--
                            (i) in subparagraph (A) --
                                    (I) by striking ``Director'' and 
                                inserting ``Assistant Secretary'';
                                    (II) by striking ``paragraph (4)'' 
                                and inserting ``paragraph (3)''; and
                                    (III) by striking ``Director's'' 
                                and inserting ``Assistant 
                                Secretary's''; and
                            (ii) in subparagraph (B)(ii) by striking 
                        ``Director'' and inserting ``Assistant 
                        Secretary''; and
            (4) in subsection (f)(2) (as redesignated by paragraph (3) 
        of this section) by striking ``Director of the Transportation 
        Security Administration'' and inserting ``Assistant Secretary 
        of Homeland Security (Transportation Security 
        Administration)''.

SEC. 104. DEADLINES AND EFFECTIVE DATES.

    (a) Designation of Security Sensitive Materials.--Not later than 6 
months after the date of enactment of this Act, the Secretary of 
Homeland Security shall promulgate regulations establishing the list of 
security sensitive materials under section 2101 of the Homeland 
Security Act of 2002 (as added by this Act).
    (b) Issuance of Transportation Security Cards.--Not later than 18 
months after enactment of this Act, the Secretary shall begin issuance 
of transportation security cards under section 70105 of title 46, 
United States Code, to individuals who seek to operate a motor vehicle 
in commerce while transporting security sensitive materials.
    (c) Effective Date of Prohibitions.--The prohibitions contained in 
sections 2102 and 2108 of the Homeland Security Act of 2002 (as added 
by this Act) shall take effect on the date that is 3 years after the 
date of enactment of this Act.
    (d) Effective Date of Section 103 Amendments.--The amendments made 
by section 103 of this Act shall take effect on the date that is 3 
years after the date of enactment of this Act.

                   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, appropriate industries, including employee 
organizations, and other appropriate entities.
    (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, Federal agencies, and other appropriate 
entities.
    (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.
                                 <all>