HR 5915 - SAFE Truckers Act of 2008

HR 5915

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

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.

END