[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.
                                 <all>