I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Modernizing of Docu5 mentation and Elimination of Redundant Identification 

6 and Security Credentials Act’’ or the ‘‘MODERN Security 

7 Credentials Act’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 1690 IH

1 SEC. 2. CONSOLIDATION AND HARMONIZATION OF SECU2 RITY THREAT ASSESSMENT PROCESS FOR 

3 TRANSPORTATION WORKERS. 

4 (a) REQUIREMENT FOR RULEMAKING.—By not later 

5 than one year after the date of the enactment of this Act, 

6 the Secretary of Homeland Security shall, by rulemaking, 

7 consolidate and harmonize the Department of Homeland 

8 Security’s security threat assessment process for transpor9 tation workers, to reduce redundant background checks 

10 performed by the Department to the extent possible under 

11 law and in accordance with the relative security 

12 vulnerabilities of the transportation sectors and any other 

13 security considerations the Secretary determines are rel14 evant. 

15 (b) CONSULTATION.—In developing the rulemaking 

16 under subsection (a), the Secretary shall, within 120 days 

17 of enactment of this Act, consult with and seek input from 

18 representatives from air carriers, airport operators, labor 

19 organizations, port authorities, port operators, and other 

20 relevant stakeholders. 

21 (c) LIMITATION.— 

22 (1) EXISTING PROCESSES AND FUNCTIONS.— 

23 Any rule issued under subsection (a) shall not apply 

24 to a process or function carried out by a non-Fed25 eral airport operator as of the date of enactment of 

26 this Act. 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 1690 IH

1 (2) AUTHORITY TO RESTRICT ACCESS.—Noth2 ing in any rule issued under subsection (a) shall af3 fect the authority of an airport operator to restrict 

4 an individual’s access to secure areas within an air5 port or other aviation facility. 

6 (d) ANALYSIS.—The rulemaking under subsection (a) 

7 shall include an analysis of— 

8 (1) how security threat assessment processes 

9 for transportation workers will be consolidated and 

10 harmonized; 

11 (2) any reductions in costs or fees that will be 

12 realized; and 

13 (3) any other efficiencies, including a reduction 

14 or streamlining of pertinent regulations, that will be 

15 realized. 

16 SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION EM17 PLOYMENT DISQUALIFICATION. 

18 Section 44936 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (a)(1)(A), by striking ‘‘Under 

21 Secretary of Transportation for Security’’ and in22 serting ‘‘Secretary of Homeland Security (in this 

23 section referred to as the ‘Secretary’)’’; 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 1690 IH

1 (2) by striking ‘‘Under Secretary’’ each place it 

2 appears (other than in subsection (a)(1)(A)) and in3 serting ‘‘Secretary’’; 

4 (3) in subsection (a)(2), by inserting before the 

5 period the following: ‘‘and the results of that inves6 tigation are provided to the Secretary’’; 

7 (4) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘or’’; and 

11 (ii) by striking subparagraph (B) and 

12 inserting the following new subparagraphs: 

13 ‘‘(B) the Secretary determines that the indi14 vidual is disqualified under section 70105(c)(1) of 

15 title 46 from being issued a biometric or other trans16 portation security card; or 

17 ‘‘(C) the Secretary determines that the indi18 vidual poses a threat to transportation or national 

19 security.’’; and 

20 (B) by adding at the end the following new 

21 paragraphs: 

22 ‘‘(4) An individual disqualified by the Federal Gov23 ernment from being issued a biometric or other transpor24 tation security card under paragraph (1)(B) may seek a 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 1690 IH

1 waiver pursuant to paragraphs (2) and (3) of section 

2 70105(c) of title 46. 

3 ‘‘(5) Nothing in this subsection shall affect the au4 thority of an air carrier, foreign air carrier, airport oper5 ator, or government, to disqualify any individual from em6 ployment based on a review or adjudication of a criminal 

7 history record check. 

8 ‘‘(6) An airport operator shall not be required to 

9 issue an airport credential providing unescorted access to 

10 a Secure Identification Display Area to any individual 

11 based solely on the waiver process established under this 

12 section. 

13 ‘‘(7) No cause of action, suit, or other proceeding 

14 shall arise— 

15 ‘‘(A) from any denial of a request of a waiver 

16 under this section; or 

17 ‘‘(B) from any disqualification for employment, 

18 if the cause of action, suit, or proceeding is based 

19 solely on the fact that the applicant for employment 

20 was granted a waiver under this subsection.’’; 

21 (5) in subsection (d), by adding at the end the 

22 following: ‘‘The fees authorized under this section— 

23 ‘‘(1) shall not exceed the aggregate costs in24 curred by the Department of Homeland Security as25 sociated with performing background record checks; 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 1690 IH

1 ‘‘(2) must be reasonably related to the costs of 

2 incurred from— 

3 ‘‘(A) conducting or obtaining a criminal 

4 history record check or reviewing available law 

5 enforcement databases and commercial data6 bases and records of other governmental and 

7 international agencies; 

8 ‘‘(B) reviewing and adjudicating requests 

9 for waiver and appeals of agency decisions with 

10 respect to performing the background record 

11 check and denying requests for waiver and ap12 peals; and 

13 ‘‘(C) any other costs related to performing 

14 the background record check; and 

15 ‘‘(3) may be used, subject to appropriations, 

16 only to pay the costs incurred in providing services 

17 in connection with the activity or item for which the 

18 fee is charged, and may remain available until ex19 pended.’’; and 

20 (6) by adding at the end the following new sub21 section: 

22 ‘‘(f) USE OF INFORMATION.—Any information con23 stituting grounds for disqualifying an individual from 

24 being issued a biometric or other transportation security 

25 card under subsection (b)(1) by the Federal Government 


tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 1690 IH

1 shall be maintained by the Secretary and may be shared 

2 to the extent allowable under section 552a of title 5.’’. 

3 SEC. 4. DISQUALIFICATION FROM BEING ISSUED A BIOMET4 RIC TRANSPORTATION SECURITY CARD. 

5 (a) PERMANENTLY DISQUALIFYING OFFENSES.— 

6 Section 70105(c)(1)(A) of title 46, United States Code, 

7 is amended— 

8 (1) by redesignating clauses (v), (vi), (vii), 

9 (viii), (ix), (x), (xi), and (xii) as clauses (vii), (viii), 

10 (ix), (x), (xi), (xii), (xiv), and (xv), respectively; 

11 (2) by inserting after clause (iv) the following 

12 new clauses: 

13 ‘‘(v) Aircraft piracy punishable under 

14 section 46502(a) of title 49. 

15 ‘‘(vi) Aircraft piracy outside the spe16 cial aircraft jurisdiction of the United 

17 States punishable under section 46502(b) 

18 of title 49.’’; 

19 (3) by inserting after clause (xii), as so redesig20 nated, the following new clause: 

21 ‘‘(xiii) Improper transportation of a 

22 hazardous material punishable under sec23 tion 46312 of title 49.’’; 

24 (4) in clause (xiv), as so redesignated, by strik25 ing ‘‘(iv)’’ and inserting ‘‘(vi)’’; and 


tjames on DSKG8SOYB1PROD with BILLS
8 

•HR 1690 IH

1 (5) in clause (xv), as so redesignated, by strik2 ing ‘‘clauses (v) through (x)’’ and inserting ‘‘clauses 

3 (vii) through (xiii)’’. 

4 (b) INTERIM DISQUALIFYING OFFENSES.—Section 

5 70105(c)(1)(B) of title 46, United States Code, is amend6 ed by adding at the end the following new clauses: 

7 ‘‘(xvi) Interference with air navigation 

8 punishable under section 46308 of title 49. 

9 ‘‘(xvii) Forgery of certificates, false 

10 marking of aircraft, and other aircraft reg11 istration violations punishable under sec12 tion 46306 of title 49. 

13 ‘‘(xviii) Interference with flight crew 

14 members or flight attendants punishable 

15 under section 46504 of title 49. 

16 ‘‘(xix) Commission of certain crimes 

17 aboard aircraft in flight punishable under 

18 section 46506 of title 49. 

19 ‘‘(xx) Carrying a weapon or explosive 

20 aboard aircraft punishable under section 

21 46505 of title 49. 

22 ‘‘(xxi) Destruction of an aircraft or 

23 aircraft facility punishable under section 

24 32 of title 18. 


tjames on DSKG8SOYB1PROD with BILLS
9 

•HR 1690 IH

1 ‘‘(xxii) Unlawful entry into an aircraft 

2 or airport area that serves air carriers or 

3 foreign air carriers contrary to established 

4 security requirements punishable under 

5 section 46314 of title 49. 

6 ‘‘(xxiii) Lighting violations involving 

7 transportation of controlled substances 

8 punishable under section 46315 of title 49. 

9 ‘‘(xxiv) Violence at international air10 ports punishable under section 37 of title 

11 18. 

12 ‘‘(xxv) Conveying false information 

13 and threats punishable under section 

14 46507 of title 49.’’. 

15 SEC. 5. SURFACE TRANSPORTATION SECURITY. 

16 (a) IN GENERAL.—The Homeland Security Act of 

17 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

18 end the following: 

19 ‘‘TITLE XXI—SURFACE 

20 TRANSPORTATION SECURITY 

21 ‘‘SEC. 2101. TRANSPORTATION OF SECURITY-SENSITIVE MA22 TERIALS. 

23 ‘‘(a) SECURITY-SENSITIVE MATERIALS.—Not later 

24 than one year after the date of enactment of this section, 

25 the Secretary shall issue final regulations, after notice and 


tjames on DSKG8SOYB1PROD with BILLS
10 

•HR 1690 IH

1 comment, defining security-sensitive materials for the pur2 poses of this title. 

3 ‘‘(b) MOTOR VEHICLE OPERATORS.—The Secretary 

4 shall prohibit an individual from operating a motor vehicle 

5 in commerce while transporting a security-sensitive mate6 rial unless the individual holds a valid transportation secu7 rity card issued by the Secretary under section 70105 of 

8 title 46, United States Code. 

9 ‘‘(c) SHIPPERS.—The Secretary shall prohibit a per10 son from— 

11 ‘‘(1) offering a security-sensitive material for 

12 transportation by motor vehicle in commerce; or 

13 ‘‘(2) causing a security-sensitive material to be 

14 transported by motor vehicle in commerce, 

15 unless the motor vehicle operator transporting the secu16 rity-sensitive material holds a valid transportation security 

17 card issued by the Secretary under section 70105 of title 

18 46, United States Code. 

19 ‘‘(d) MEMORANDUM OF UNDERSTANDING.—The Sec20 retary may enter into a memorandum of understanding 

21 with the Secretary of Transportation to ensure compliance 

22 with this section. 

23 ‘‘(e) LIMITATION ON APPLICATION.—This section 

24 and the regulations and prohibitions under this section 

25 shall not apply to the United States Postal Service and 


tjames on DSKG8SOYB1PROD with BILLS
11 

•HR 1690 IH

1 any other department, agency, or instrumentality of the 

2 Federal Government. 

3 ‘‘SEC. 2102. ENROLLMENT LOCATIONS. 

4 ‘‘(a) ENROLLMENT LOCATIONS.—The Secretary 

5 shall— 

6 ‘‘(1) work with appropriate entities to ensure 

7 that enrollment locations for individuals applying for 

8 a transportation security card under section 70105 

9 of title 46, United States Code, have flexible oper10 ating hours; and 

11 ‘‘(2) permit an individual applying for such 

12 transportation security card to utilize an enrollment 

13 location outside of the individual’s State of residence 

14 to the greatest extent practicable. 

15 ‘‘(b) NUMBER OF LOCATIONS.—The Secretary shall 

16 develop and implement a plan— 

17 ‘‘(1) to offer individuals applying for a trans18 portation security card under section 70105 of title 

19 46, United States Code, the maximum number of 

20 enrollment locations practicable across diverse geo21 graphic regions; and 

22 ‘‘(2) to conduct outreach to appropriate stake23 holders, including owners and operators of motor ve24 hicles involved in the transportation of security-sen25 sitive materials, and labor organizations representing 


tjames on DSKG8SOYB1PROD with BILLS
12 

•HR 1690 IH

1 employees of such owners or operators to keep the 

2 stakeholders informed of the timeframe and loca3 tions for the opening of additional enrollment loca4 tions. 

5 ‘‘SEC. 2103. COMMERCIAL MOTOR VEHICLE OPERATORS 

6 REGISTERED TO OPERATE IN MEXICO OR 

7 CANADA. 

8 ‘‘The Secretary shall prohibit a commercial motor ve9 hicle operator licensed to operate in Mexico or Canada 

10 from operating a commercial motor vehicle transporting 

11 a security-sensitive material in commerce in the United 

12 States until the operator has been subjected to, and not 

13 disqualified as a result of, a security background records 

14 check by a Federal agency that the Secretary determines 

15 is similar to the security background records check re16 quired for commercial motor vehicle operators in the 

17 United States transporting security-sensitive materials in 

18 commerce. 

19 ‘‘SEC. 2104. REDUNDANT BACKGROUND CHECKS. 

20 ‘‘(a) IN GENERAL.—The Secretary shall prohibit a 

21 State or political subdivision thereof from requiring a sep22 arate security background check of an individual seeking 

23 to transport security-sensitive material. 

24 ‘‘(b) WAIVERS.—The Secretary may waive the appli25 cation of subsection (a) with respect to a State or political 


tjames on DSKG8SOYB1PROD with BILLS
13 

•HR 1690 IH

1 subdivision thereof if the State or political subdivision 

2 demonstrates a compelling reason that a separate security 

3 background check is necessary to ensure the secure trans4 portation of security-sensitive material in the State or po5 litical subdivision. 

6 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

7 Nothing in this section shall limit the authority of a State 

8 to ensure that an individual has the requisite knowledge 

9 and skills to safely transport hazardous materials in com10 merce. 

11 ‘‘SEC. 2105. TRANSITION. 

12 ‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR

13 HAZARDOUS MATERIALS ENDORSEMENTS.—An indi14 vidual who has obtained a hazardous materials endorse15 ment in accordance with section 1572 of title 49, Code 

16 of Federal Regulations, before the date of enactment of 

17 this title, is deemed to have met the background check 

18 requirements of a transportation security card under sec19 tion 70105 of title 46, United States Code, subject to 

20 reissuance or expiration dates of the hazardous materials 

21 endorsement. 

22 ‘‘(b) REDUCTION IN FEES.—The Secretary shall re23 duce, to the greatest extent practicable, any fees associ24 ated with obtaining a transportation security card under 


tjames on DSKG8SOYB1PROD with BILLS
14 

•HR 1690 IH

1 section 70105 of title 46, United Sates Code, for any indi2 vidual referred to in subsection (a). 

3 ‘‘SEC. 2106. SAVINGS CLAUSE. 

4 ‘‘Nothing in this title shall be construed as affecting 

5 the authority of the Secretary of Transportation to regu6 late hazardous materials under chapter 51 of title 49, 

7 United States Code. 

8 ‘‘SEC. 2107. DEFINITIONS. 

9 ‘‘In this title, the following definitions apply: 

10 ‘‘(1) COMMERCE.—The term ‘commerce’ means 

11 trade or transportation in the jurisdiction of the 

12 United States— 

13 ‘‘(A) between a place in a State and a 

14 place outside of the State; or 

15 ‘‘(B) that affects trade or transportation 

16 between a place in a State and a place outside 

17 of the State. 

18 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz19 ardous material’ has the meaning given that term in 

20 section 5102 of title 49, United States Code. 

21 ‘‘(3) PERSON.—The term ‘person’, in addition 

22 to its meaning under section 1 of title 1, United 

23 States Code, includes a State, local, or tribal govern24 ment offering security-sensitive material for transVerDate Mar 15 2010 05:26 May 04, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1690.IH H1690

tjames on DSKG8SOYB1PROD with BILLS
15 

•HR 1690 IH

1 portation in commerce or transporting security-sen2 sitive material to further a commercial enterprise. 

3 ‘‘(4) SECURITY-SENSITIVE MATERIAL.—The 

4 term ‘security-sensitive material’ has the meaning 

5 given that term in section 1501 of the Implementing 

6 Recommendations of the 9/11 Commission Act of 

7 2007 (6 U.S.C. 1151). 

8 ‘‘(5) TRANSPORTS; TRANSPORTATION.—The 

9 term ‘transports’ or ‘transportation’ means the 

10 movement of property and loading, unloading, or 

11 storage incidental to such movement.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 contained in section 1(b) of the Homeland Security Act 

14 of 2002 (116 Stat. 2135) is amended by adding at the 

15 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.’’. 

16 (c) SECURITY CARDS FOR CERTAIN MOTOR VEHICLE

17 OPERATORS.—Section 70105(b)(2) of title 46, United 

18 States Code, is amended by striking ‘‘and’’ after the semi19 colon at the end of subparagraph (F), by striking the pe20 riod at the end of subparagraph (G) and inserting ‘‘; and’’, 

21 and by adding at the end the following new subparagraph: 


tjames on DSKG8SOYB1PROD with BILLS
16 

•HR 1690 IH

1 ‘‘(H) an individual who operates a motor 

2 vehicle in commerce while transporting security3 sensitive material (as that term is defined in 

4 section 1501 of the Implementing Rec5 ommendations of the 9/11 Commission Act of 

6 2007 (6 U.S.C. 1151).’’. 

7 (d) CIVIL PENALTIES.—Section 114(v) of title 49, 

8 United States Code, is amended— 

9 (1) in paragraph (1)(A), by inserting ‘‘under 

10 title XXI of the Homeland Security Act of 2002 or’’ 

11 after ‘‘Secretary of Homeland Security’’; and 

12 (2) by striking ‘‘applicable provision of this 

13 title’’ each place it appears and inserting ‘‘applicable 

14 provision’’. 

15 SEC. 6. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 

16 Section 5103a of title 49, United States Code, and 

17 the item relating to that section in the analysis for chapter 

18 51 of such title, are repealed. 

19 SEC. 7. DEADLINES AND EFFECTIVE DATES. 

20 (a) ISSUANCE OF TRANSPORTATION SECURITY

21 CARDS.—Not later than one year after the date of the en22 actment of this Act, the Secretary of Homeland Security 

23 (as that term is defined in section 70101 of title 46, 

24 United States Code) shall begin issuance of transportation 

25 security cards under section 70105(b)(2)(H) of title 46, 


tjames on DSKG8SOYB1PROD with BILLS
17 

•HR 1690 IH

1 United States Code, as amended by this Act, to individuals 

2 who seek to operate a motor vehicle in commerce while 

3 transporting security-sensitive materials. 

4 (b) EFFECTIVE DATE OF PROHIBITIONS.—The pro5 hibitions under in section 2101 of the Homeland Security 

6 Act of 2002 (as added by section 5) shall take effect on 

7 the date that is 2 years after the date of enactment of 

8 this Act. 

9 (c) EFFECTIVE DATE OF SECTION 6 AMEND10 MENTS.—The amendments made by section 6 of this Act 

11 shall take effect on the date that is 2 years after the date 

12 of enactment of this Act. 

13 SEC. 8. TASK FORCE ON DISQUALIFYING CRIMES. 

14 (a) ESTABLISHMENT.—The Secretary of Homeland 

15 Security shall establish a task force, with an official des16 ignated by the Secretary to be the Chair of the task force, 

17 to review the lists of crimes that disqualify individuals 

18 from transportation-related employment under current 

19 regulations of the Transportation Security Administration 

20 and assess whether such lists of crimes are accurate indi21 cators of a terrorism security risk. 

22 (b) MEMBERSHIP.—The task force shall be composed 

23 of representatives of appropriate industries, including 

24 labor unions representing employees of such industries, 


tjames on DSKG8SOYB1PROD with BILLS
18 

•HR 1690 IH

1 Federal agencies, and other appropriate entities, as deter2 mined by the Secretary. 

3 (c) REPORT.—Not later than one year after the date 

4 of enactment of this Act, the task force shall submit to 

5 the Secretary and the Committee on Homeland Security 

6 of the House of Representatives a report containing the 

7 results of the review, including recommendations for a 

8 common list of disqualifying crimes and the rationale for 

9 the inclusion of each crime on the list. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS