Screening Applied Fairly and Equitably to Truckers Act of 2006 or the SAFE Truckers Act of 2006 - Amends the Homeland Security Act 2002 to prohibit an individual from operating a motor vehicle in commerce while transporting a security sensitive material, unless the operator of the motor vehicle holds a security sensitive material permit issued by the Secretary of Homeland Security.
Prohibits a person from offering a security sensitive material for transportation by motor vehicle or causing the transportation of such material by motor vehicle, unless the operator of the motor vehicle holds a security sensitive material permit issued by the Secretary of Homeland Security.
Requires the Secretary to conduct a fingerprint-based background records check before issuing a security sensitive material permit to an individual. Allows the Secretary to issue a security sensitive material permit to an individual as an integrated component of a transportation security card.
Sets forth both civil and criminal penalties for persons who violate the requirements of this Act.
Prohibits a motor vehicle registered in Mexico or Canada from transporting security sensitive material in U.S. commerce until the operator of the motor vehicle has undergone a similar background records check.
Establishes task forces on: (1) highway security; (2) disqualifying crimes; and (3) redundant background checks.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
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