[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1690 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1690
To amend titles 49 and 46, United States Code, and the Homeland
Security Act of 2002 to provide for certain improvements in surface
transportation security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2011
Mr. Rogers of Alabama (for himself, Mr. McCaul, Mr. Walsh of Illinois,
and Mr. Brooks) introduced the following bill; which was referred to
the Committee on Homeland Security
_______________________________________________________________________
A BILL
To amend titles 49 and 46, United States Code, and the Homeland
Security Act of 2002 to provide for certain improvements in surface
transportation 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 ``Modernizing of Documentation and
Elimination of Redundant Identification and Security Credentials Act''
or the ``MODERN Security Credentials Act''.
SEC. 2. CONSOLIDATION AND HARMONIZATION OF SECURITY THREAT ASSESSMENT
PROCESS FOR TRANSPORTATION WORKERS.
(a) Requirement for Rulemaking.--By not later than one year after
the date of the enactment of this Act, the Secretary of Homeland
Security shall, by rulemaking, consolidate and harmonize the Department
of Homeland Security's security threat assessment process for
transportation workers, to reduce redundant background checks performed
by the Department to the extent possible under law and in accordance
with the relative security vulnerabilities of the transportation
sectors and any other security considerations the Secretary determines
are relevant.
(b) Consultation.--In developing the rulemaking under subsection
(a), the Secretary shall, within 120 days of enactment of this Act,
consult with and seek input from representatives from air carriers,
airport operators, labor organizations, port authorities, port
operators, and other relevant stakeholders.
(c) Limitation.--
(1) Existing processes and functions.--Any rule issued
under subsection (a) shall not apply to a process or function
carried out by a non-Federal airport operator as of the date of
enactment of this Act.
(2) Authority to restrict access.--Nothing in any rule
issued under subsection (a) shall affect the authority of an
airport operator to restrict an individual's access to secure
areas within an airport or other aviation facility.
(d) Analysis.--The rulemaking under subsection (a) shall include an
analysis of--
(1) how security threat assessment processes for
transportation workers will be consolidated and harmonized;
(2) any reductions in costs or fees that will be realized;
and
(3) any other efficiencies, including a reduction or
streamlining of pertinent regulations, that will be realized.
SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION EMPLOYMENT
DISQUALIFICATION.
Section 44936 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A), by striking ``Under Secretary
of Transportation for Security'' and inserting ``Secretary of
Homeland Security (in this section referred to as the
`Secretary')'';
(2) by striking ``Under Secretary'' each place it appears
(other than in subsection (a)(1)(A)) and inserting
``Secretary'';
(3) in subsection (a)(2), by inserting before the period
the following: ``and the results of that investigation are
provided to the Secretary'';
(4) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``or''; and
(ii) by striking subparagraph (B) and
inserting the following new subparagraphs:
``(B) the Secretary determines that the individual is
disqualified under section 70105(c)(1) of title 46 from being
issued a biometric or other transportation security card; or
``(C) the Secretary determines that the individual poses a
threat to transportation or national security.''; and
(B) by adding at the end the following new
paragraphs:
``(4) An individual disqualified by the Federal Government from
being issued a biometric or other transportation security card under
paragraph (1)(B) may seek a waiver pursuant to paragraphs (2) and (3)
of section 70105(c) of title 46.
``(5) Nothing in this subsection shall affect the authority of an
air carrier, foreign air carrier, airport operator, or government, to
disqualify any individual from employment based on a review or
adjudication of a criminal history record check.
``(6) An airport operator shall not be required to issue an airport
credential providing unescorted access to a Secure Identification
Display Area to any individual based solely on the waiver process
established under this section.
``(7) No cause of action, suit, or other proceeding shall arise--
``(A) from any denial of a request of a waiver under this
section; or
``(B) from any disqualification for employment, if the
cause of action, suit, or proceeding is based solely on the
fact that the applicant for employment was granted a waiver
under this subsection.'';
(5) in subsection (d), by adding at the end the following:
``The fees authorized under this section--
``(1) shall not exceed the aggregate costs incurred by the
Department of Homeland Security associated with performing
background record checks;
``(2) must be reasonably related to the costs of incurred
from--
``(A) conducting or obtaining a criminal history
record check or reviewing available law enforcement
databases and commercial databases and records of other
governmental and international agencies;
``(B) reviewing and adjudicating requests for
waiver and appeals of agency decisions with respect to
performing the background record check and denying
requests for waiver and appeals; and
``(C) any other costs related to performing the
background record check; and
``(3) may be used, subject to appropriations, only to pay
the costs incurred in providing services in connection with the
activity or item for which the fee is charged, and may remain
available until expended.''; and
(6) by adding at the end the following new subsection:
``(f) Use of Information.--Any information constituting grounds for
disqualifying an individual from being issued a biometric or other
transportation security card under subsection (b)(1) by the Federal
Government shall be maintained by the Secretary and may be shared to
the extent allowable under section 552a of title 5.''.
SEC. 4. DISQUALIFICATION FROM BEING ISSUED A BIOMETRIC TRANSPORTATION
SECURITY CARD.
(a) Permanently Disqualifying Offenses.--Section 70105(c)(1)(A) of
title 46, United States Code, is amended--
(1) by redesignating clauses (v), (vi), (vii), (viii),
(ix), (x), (xi), and (xii) as clauses (vii), (viii), (ix), (x),
(xi), (xii), (xiv), and (xv), respectively;
(2) by inserting after clause (iv) the following new
clauses:
``(v) Aircraft piracy punishable under
section 46502(a) of title 49.
``(vi) Aircraft piracy outside the special
aircraft jurisdiction of the United States
punishable under section 46502(b) of title
49.'';
(3) by inserting after clause (xii), as so redesignated,
the following new clause:
``(xiii) Improper transportation of a
hazardous material punishable under section
46312 of title 49.'';
(4) in clause (xiv), as so redesignated, by striking
``(iv)'' and inserting ``(vi)''; and
(5) in clause (xv), as so redesignated, by striking
``clauses (v) through (x)'' and inserting ``clauses (vii)
through (xiii)''.
(b) Interim Disqualifying Offenses.--Section 70105(c)(1)(B) of
title 46, United States Code, is amended by adding at the end the
following new clauses:
``(xvi) Interference with air navigation
punishable under section 46308 of title 49.
``(xvii) Forgery of certificates, false
marking of aircraft, and other aircraft
registration violations punishable under
section 46306 of title 49.
``(xviii) Interference with flight crew
members or flight attendants punishable under
section 46504 of title 49.
``(xix) Commission of certain crimes aboard
aircraft in flight punishable under section
46506 of title 49.
``(xx) Carrying a weapon or explosive
aboard aircraft punishable under section 46505
of title 49.
``(xxi) Destruction of an aircraft or
aircraft facility punishable under section 32
of title 18.
``(xxii) Unlawful entry into an aircraft or
airport area that serves air carriers or
foreign air carriers contrary to established
security requirements punishable under section
46314 of title 49.
``(xxiii) Lighting violations involving
transportation of controlled substances
punishable under section 46315 of title 49.
``(xxiv) Violence at international airports
punishable under section 37 of title 18.
``(xxv) Conveying false information and
threats punishable under section 46507 of title
49.''.
SEC. 5. 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. TRANSPORTATION OF SECURITY-SENSITIVE MATERIALS.
``(a) Security-Sensitive Materials.--Not later than one year after
the date of enactment of this section, the Secretary shall issue final
regulations, after notice and comment, defining security-sensitive
materials for the purposes of this title.
``(b) 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 valid transportation security card issued by the Secretary under
section 70105 of title 46, United States Code.
``(c) 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 issued by the
Secretary under section 70105 of title 46, United States Code.
``(d) Memorandum of Understanding.--The Secretary may enter into a
memorandum of understanding with the Secretary of Transportation to
ensure compliance with this section.
``(e) Limitation on Application.--This section and the regulations
and prohibitions under this section shall not apply to the United
States Postal Service and any other department, agency, or
instrumentality of the Federal Government.
``SEC. 2102. ENROLLMENT LOCATIONS.
``(a) Enrollment Locations.--The Secretary shall--
``(1) work with appropriate entities to ensure that
enrollment 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 such transportation
security card to utilize an enrollment location outside of the
individual's State of residence to the greatest extent
practicable.
``(b) Number of Locations.--The Secretary shall develop and
implement a plan--
``(1) to offer individuals applying for a transportation
security card under section 70105 of title 46, United States
Code, the maximum number of enrollment locations practicable
across diverse geographic regions; and
``(2) to conduct outreach to appropriate stakeholders,
including owners and operators of motor vehicles involved in
the transportation of security-sensitive materials, and labor
organizations representing employees of such owners or
operators to keep the stakeholders informed of the timeframe
and locations for the opening of additional enrollment
locations.
``SEC. 2103. COMMERCIAL MOTOR VEHICLE OPERATORS REGISTERED TO OPERATE
IN MEXICO OR CANADA.
``The Secretary shall prohibit a commercial motor vehicle operator
licensed to operate in Mexico or Canada from operating a commercial
motor vehicle transporting a security-sensitive material in commerce in
the United States until the operator has been subjected to, and not
disqualified as a result of, a security background records check by a
Federal agency that the Secretary determines is similar to the security
background records check required for commercial motor vehicle
operators in the United States transporting security-sensitive
materials in commerce.
``SEC. 2104. REDUNDANT BACKGROUND CHECKS.
``(a) In General.--The Secretary shall prohibit a State or
political subdivision thereof from requiring a separate security
background check of an individual seeking to transport security-
sensitive material.
``(b) Waivers.--The Secretary may waive the application of
subsection (a) with respect to a State or political subdivision thereof
if the State or political subdivision demonstrates a compelling reason
that a separate security background check is necessary to ensure the
secure transportation of security-sensitive material in the State or
political subdivision.
``(c) Limitation on Statutory Construction.--Nothing in this
section shall limit the authority of a State to ensure that an
individual has the requisite knowledge and skills to safely transport
hazardous materials in commerce.
``SEC. 2105. 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, is
deemed to have met the background check requirements of a
transportation security card under section 70105 of title 46, United
States Code, subject to reissuance or expiration dates of the hazardous
materials endorsement.
``(b) Reduction in Fees.--The Secretary shall reduce, to the
greatest 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. 2106. SAVINGS CLAUSE.
``Nothing in this 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. 2107. 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'
has the meaning given that term in section 5102 of title 49,
United States Code.
``(3) Person.--The term `person', in addition to its
meaning under section 1 of title 1, United States Code,
includes a State, local, or tribal government offering
security-sensitive material for transportation in commerce or
transporting security-sensitive material to further a
commercial enterprise.
``(4) Security-sensitive material.--The term `security-
sensitive material' has the meaning given that term in section
1501 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1151).
``(5) Transports; transportation.--The term `transports' or
`transportation' means the movement of property and loading,
unloading, or storage incidental to such movement.''.
(b) Clerical 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. Transportation of security-sensitive materials.
``Sec. 2102. Enrollment locations.
``Sec. 2103. Commercial motor vehicle operators registered to operate
in Mexico or Canada.
``Sec. 2104. Redundant background checks.
``Sec. 2105. Transition.
``Sec. 2106. Savings clause.
``Sec. 2107. Definitions.''.
(c) Security Cards for Certain Motor Vehicle Operators.--Section
70105(b)(2) of title 46, United States Code, is amended by striking
``and'' after the semicolon at the end of subparagraph (F), by striking
the period at the end of subparagraph (G) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(H) an individual who operates a motor vehicle in
commerce while transporting security-sensitive material
(as that term is defined in section 1501 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (6 U.S.C. 1151).''.
(d) Civil Penalties.--Section 114(v) of title 49, United States
Code, is amended--
(1) in paragraph (1)(A), by inserting ``under title XXI of
the Homeland Security Act of 2002 or'' after ``Secretary of
Homeland Security''; and
(2) by striking ``applicable provision of this title'' each
place it appears and inserting ``applicable provision''.
SEC. 6. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
Section 5103a of title 49, United States Code, and the item
relating to that section in the analysis for chapter 51 of such title,
are repealed.
SEC. 7. DEADLINES AND EFFECTIVE DATES.
(a) Issuance of Transportation Security Cards.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Homeland Security (as that term is defined in section 70101 of title
46, United States Code) shall begin issuance of transportation security
cards under section 70105(b)(2)(H) of title 46, United States Code, as
amended by this Act, to individuals who seek to operate a motor vehicle
in commerce while transporting security-sensitive materials.
(b) Effective Date of Prohibitions.--The prohibitions under in
section 2101 of the Homeland Security Act of 2002 (as added by section
5) shall take effect on the date that is 2 years after the date of
enactment of this Act.
(c) Effective Date of Section 6 Amendments.--The amendments made by
section 6 of this Act shall take effect on the date that is 2 years
after the date of enactment of this Act.
SEC. 8. TASK FORCE ON DISQUALIFYING CRIMES.
(a) Establishment.--The Secretary of Homeland Security shall
establish a task force, with an official designated by the Secretary to
be the Chair of the task force, to review the lists of crimes that
disqualify individuals from 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 labor unions
representing employees of such industries, Federal agencies, and other
appropriate entities, as determined by the Secretary.
(c) Report.--Not later than one year after the date of enactment of
this Act, the task force shall submit to the Secretary and the
Committee on Homeland Security of the House of Representatives 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.
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