I 

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. 

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 ‘‘Screening Applied 

5 Fairly and Equitably to Truckers Act of 2006’’ or the 

6 ‘‘SAFE Truckers Act of 2006’’. 


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1 TITLE I—SURFACE 

2 TRANSPORTATION SECURITY 

3 SEC. 101. SURFACE TRANSPORTATION SECURITY. 

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

5 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

6 end the following: 

7 ‘‘TITLE XVIII—SURFACE 

8 TRANSPORTATION SECURITY 

9 ‘‘SEC. 1801. DESIGNATION OF SECURITY SENSITIVE MATE10 RIAL. 

11 ‘‘(a) DESIGNATION.—The Secretary shall designate a 

12 material, or a group or class of material, in a particular 

13 amount and form as security sensitive when the Secretary 

14 determines that transporting the material by motor vehicle 

15 in commerce poses a significant risk to homeland security 

16 due to the potential use of the material in an act of ter17 rorism. 

18 ‘‘(b) CONSULTATION.—In carrying out subsection 

19 (a), the Secretary shall consult with— 

20 ‘‘(1) the Secretary of Health and Human Serv21 ices, on the inclusion of chemical or biological mate22 rials or agents; and 

23 ‘‘(2) the Secretary of Transportation, as appro24 priate. 


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1 ‘‘(c) NOTICE AND COMMENT.—The Secretary shall 

2 make the designations under subsection (a) by regulation 

3 after providing notice and an opportunity for public com4 ment. 

5 ‘‘SEC. 1802. SECURITY SENSITIVE MATERIAL PERMIT. 

6 ‘‘(a) IN GENERAL.—Beginning not later than one 

7 year after the date of enactment of this title, the Secretary 

8 shall prohibit an individual from operating a motor vehicle 

9 in commerce while transporting a security sensitive mate10 rial unless the individual holds a security sensitive mate11 rial permit issued by the Secretary. 

12 ‘‘(b) ISSUANCE OF PERMITS.—The Secretary may 

13 issue a security sensitive material permit to an individual 

14 if— 

15 ‘‘(1) the individual holds a license to operate a 

16 motor vehicle transporting hazardous material in 

17 commerce in accordance with the requirements of 

18 section 5103a of title 49, United States Code; and 

19 ‘‘(2) after conducting a background check 

20 under subsection (c), the Secretary determines that 

21 the individual does not pose a terrorist security risk 

22 warranting denial of the permit. 

23 ‘‘(c) BACKGROUND RECORDS CHECK.— 

24 ‘‘(1) IN GENERAL.—Before issuing a security 

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1 retary, in consultation with the Attorney General, 

2 shall conduct a fingerprint-based background records 

3 check of relevant criminal history databases regard4 ing the individual. 

5 ‘‘(2) WRITTEN CONSENT.—A background 

6 records check regarding an individual may be con7 ducted under this subsection only with the prior 

8 written consent of the individual. 

9 ‘‘(3) NOTIFICATION.— 

10 ‘‘(A) IN GENERAL.—After conducting a 

11 background records check regarding an indi12 vidual under this section, the Secretary shall— 

13 ‘‘(i) notify the individual of the com14 pletion and results of the background 

15 records check; and 

16 ‘‘(ii) issue a security sensitive material 

17 permit to the individual or deny issuance 

18 of the permit. 

19 ‘‘(B) LIMITATIONS ON DISCLOSURE.—In20 formation gathered under this section shall not 

21 otherwise be disclosed. 

22 ‘‘(d) EXPIRATION OF PERMITS.—A security sensitive 

23 material permit issued to an individual shall expire at the 

24 end of the 5-year period beginning on the date of issuance 

25 of the permit or at the end of a shorter period established 


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1 by the Secretary by regulation. The Secretary may reissue 

2 a security sensitive material permit to an individual before 

3 the date of the permit’s expiration after conducting a new 

4 background records check regarding the individual under 

5 subsection (c). 

6 ‘‘(e) WAIVER PROCESS.—The Secretary shall pre7 scribe regulations that establish a waiver process for 

8 issuing a security sensitive material permit to an indi9 vidual found to be otherwise ineligible for such a permit 

10 under subsection (c). In deciding to issue a permit to such 

11 an individual, the Secretary shall give consideration to the 

12 circumstances of any disqualifying act or offense, restitu13 tion made by the individual, Federal and State mitigation 

14 remedies, and other factors from which it may be con15 cluded that the individual does not pose a terrorism risk 

16 warranting denial of the permit. 

17 ‘‘(f) DENIAL OF WAIVER REVIEW.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish a review process before an administrative law 

20 judge for individuals denied a waiver under sub21 section (e). 

22 ‘‘(2) SCOPE OF REVIEW.—In conducting a re23 view under the process established pursuant to para24 graph (1), the administrative law judge shall be gov25 erned by the standards of section 706 of title 5, 


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1 United States Code. The substantial evidence stand2 ard in section 706(2)(E) of such title shall apply 

3 whether or not there has been an agency hearing. 

4 The judge shall review all facts on the record of the 

5 agency. 

6 ‘‘(3) CLASSIFIED EVIDENCE.—The Secretary, 

7 in consultation with the National Intelligence Direc8 tor, shall issue regulations to establish procedures by 

9 which the Secretary, as part of a review conducted 

10 under this subsection, may provide to the individual 

11 adversely affected by the determination an unclassi12 fied summary of classified evidence upon which the 

13 denial of a waiver by the Secretary was based. 

14 ‘‘(4) REVIEW OF CLASSIFIED EVIDENCE BY AD15 MINISTRATIVE LAW JUDGE.— 

16 ‘‘(A) REVIEW.—As part of a review con17 ducted under this subsection, if the decision of 

18 the Secretary was based on classified informa19 tion (as defined in section 1(a) of the Classified 

20 Information Procedures Act (18 U.S.C. App.)), 

21 such information may be submitted by the Sec22 retary to the reviewing administrative law 

23 judge, pursuant to appropriate security proce24 dures, and shall be reviewed by the administra25 tive law judge ex parte and in camera. 


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1 ‘‘(B) SECURITY CLEARANCES.—Pursuant 

2 to existing procedures and requirements, the 

3 Secretary, in coordination (as necessary) with 

4 the heads of other affected departments or 

5 agencies, shall ensure that administrative law 

6 judges reviewing negative waiver decisions of 

7 the Secretary under this subsection possess se8 curity clearances appropriate for such review. 

9 ‘‘(C) UNCLASSIFIED SUMMARIES OF CLAS10 SIFIED EVIDENCE.—As part of a review con11 ducted under this subsection and upon the re12 quest of the individual adversely affected by the 

13 decision of the Secretary not to grant a waiver, 

14 the Secretary shall provide to the individual and 

15 reviewing administrative law judge, consistent 

16 with the procedures established under para17 graph (1), an unclassified summary of any clas18 sified information upon which the decision of 

19 the Secretary was based. 

20 ‘‘(5) NEW EVIDENCE.—The Secretary shall es21 tablish a process under which an individual may sub22 mit a new request for a waiver, notwithstanding con23 firmation by the administrative law judge of the Sec24 retary’s initial denial of the waiver, if the request is 

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1 able to the Secretary at the time the initial waiver 

2 request was denied. 

3 ‘‘(g) APPEALS PROCESS.—The Secretary shall estab4 lish an appeals process under this section for individuals 

5 found to be ineligible for a security sensitive permit that 

6 includes notice and an opportunity for a hearing. 

7 ‘‘SEC. 1803. TRANSPORTATION WORKER IDENTIFICATION 

8 CREDENTIAL INTEGRATION. 

9 ‘‘(a) INTEGRATION OF SECURITY SENSITIVE MATE10 RIAL PERMIT.—The Secretary shall modify the program 

11 established under section 70105 of title 46, United States 

12 Code, to allow the Secretary to issue a security sensitive 

13 material permit to an individual as an integrated compo14 nent of a transportation security card. 

15 ‘‘(b) MACHINE-READABLE ELEMENT.—A transpor16 tation security card referred to in subsection (a) shall indi17 cate the security sensitive material permit through a ma18 chine-readable element in electronic storage on the card. 

19 ‘‘(c) FINGERPRINT LOCATIONS.—The Secretary 

20 shall— 

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

22 that fingerprinting locations for individuals applying 

23 for a transportation security card have flexible oper24 ating hours; and 


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1 ‘‘(2) permit an individual applying for a trans2 portation security card to utilize a fingerprinting lo3 cation outside of the individual’s State of residence 

4 to the greatest extent practicable. 

5 ‘‘SEC. 1804. CONSIDERATION OF OTHER BACKGROUND 

6 CHECKS. 

7 ‘‘(a) INDIVIDUALS HOLDING TRANSPORTATION SE8 CURITY CARDS.—An individual who holds a transpor9 tation security card issued under section 70105 of title 

10 46, United States Code, shall be treated as having met 

11 the requirements of section 1802(c). 

12 ‘‘(b) REDUCTION IN FEES.—The Secretary shall re13 duce to the greatest extent practicable, any fees associated 

14 with obtaining a security sensitive material permit under 

15 section 1802 for any individual referred to in subsection 

16 (a). 

17 ‘‘SEC. 1805. LIMITATION ON SHIPPERS OF SECURITY SEN18 SITIVE MATERIAL. 

19 ‘‘The Secretary shall prohibit a person from— 

20 ‘‘(1) offering a security sensitive material for 

21 transportation by motor vehicle in commerce; or 

22 ‘‘(2) causing a security sensitive material to be 

23 transported by motor vehicle in commerce, 


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1 unless the motor vehicle operator transporting the security 

2 sensitive material holds a valid security sensitive material 

3 permit. 

4 ‘‘SEC. 1806. AUTHORITY TO ENSURE COMPLIANCE. 

5 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

6 ensure compliance with this title. 

7 ‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec8 retary may enter into a memorandum of understanding 

9 with the Secretary of Transportation to ensure compliance 

10 with sections 1802(a), 1805, and 1810. 

11 ‘‘SEC. 1807. CIVIL PENALTIES. 

12 ‘‘(a) PENALTY.— 

13 ‘‘(1) IN GENERAL.—A person that violates this 

14 title or a regulation or order issued under this title 

15 is liable to the United States Government for a civil 

16 penalty of at least $250 but not more than $75,000 

17 for each violation. 

18 ‘‘(2) INCREASED PENALTIES.—If the Secretary 

19 finds that a violation under paragraph (1) results in 

20 death, serious illness, or severe injury to any person 

21 or substantial destruction of property, the Secretary 

22 may increase the amount of the civil penalty for 

23 such violation to not more than $100,000. 

24 ‘‘(3) SEPARATE VIOLATIONS.—A separate viola25 tion occurs for each day the violation continues. 


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1 ‘‘(b) HEARING REQUIREMENT.—The Secretary may 

2 find that a person has violated this title or a regulation 

3 or order issued under this title only after notice and an 

4 opportunity for a hearing. The Secretary shall impose a 

5 penalty under this section by giving the person written no6 tice of the amount of the penalty. 

7 ‘‘(c) PENALTY CONSIDERATIONS.—In determining 

8 the amount of a civil penalty under this section, the Sec9 retary shall consider— 

10 ‘‘(1) the nature, circumstances, extent, and 

11 gravity of the violation; 

12 ‘‘(2) with respect to the violator, the degree of 

13 culpability, any history of prior violations, the ability 

14 to pay, and any effect on the ability to continue to 

15 do business; and 

16 ‘‘(3) other matters that justice requires. 

17 ‘‘(d) CIVIL ACTIONS TO COLLECT.—The Attorney 

18 General may bring a civil action in an appropriate district 

19 court of the United States to collect a civil penalty under 

20 this section and any accrued interest on the civil penalty 

21 as calculated in accordance with section 1005 of the Oil 

22 Pollution Act of 1990 (33 U.S.C. 2705). In the civil ac23 tion, the amount and appropriateness of the civil penalty 

24 shall not be subject to review. 


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1 ‘‘(e) COMPROMISE.—The Secretary may compromise 

2 the amount of a civil penalty imposed under this section 

3 before referral to the Attorney General. 

4 ‘‘(f) SETOFF.—The Government may deduct the 

5 amount of a civil penalty imposed or compromised under 

6 this section from amounts it owes the person liable for 

7 the penalty. 

8 ‘‘(g) DEPOSITING AMOUNTS COLLECTED.—Amounts 

9 collected under this section shall be deposited in the Treas10 ury as miscellaneous receipts. 

11 ‘‘SEC. 1808. CRIMINAL PENALTIES. 

12 ‘‘A person that knowingly violates this title or a regu13 lation or order issued under this title shall be fined under 

14 title 18, United States Code, imprisoned for not more than 

15 5 years, or both; except that the maximum amount of im16 prisonment shall be 10 years in any case in which the vio17 lation results in death or bodily injury to any person. 

18 ‘‘SEC. 1809. ENFORCEMENT. 

19 ‘‘(a) IN GENERAL.—At the request of the Secretary, 

20 the Attorney General may bring a civil action in an appro21 priate district court of the United States to enforce this 

22 title or a regulation or order issued under this title. The 

23 court may award appropriate relief, including a temporary 

24 or permanent injunction, punitive damages, and assess25 ment of civil penalties considering the same penalty 


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1 amounts and factors as prescribed for the Secretary in an 

2 administrative case under section 1807. 

3 ‘‘(b) IMMINENT SECURITY HAZARDS.— 

4 ‘‘(1) IN GENERAL.—If the Secretary has reason 

5 to believe that an imminent security hazard exists, 

6 the Secretary may bring a civil action in an appro7 priate district court of the United States— 

8 ‘‘(A) to suspend or restrict the transpor9 tation of the security sensitive material respon10 sible for the hazard; or 

11 ‘‘(B) to eliminate or mitigate the hazard. 

12 ‘‘(2) ACTIONS BY THE ATTORNEY GENERAL.— 

13 On request of the Secretary, the Attorney General 

14 shall bring an action under paragraph (1). 

15 ‘‘SEC. 1810. MOTOR VEHICLE OPERATORS REGISTERED TO 

16 OPERATE IN MEXICO OR CANADA. 

17 ‘‘The Secretary shall prohibit a motor vehicle oper18 ator registered to operate in Mexico or Canada from oper19 ating a motor vehicle transporting a security sensitive ma20 terial in commerce in the United States until the operator 

21 has undergone a background records check similar to the 

22 background records check required for motor vehicle oper23 ators licensed in the United States to transport security 

24 sensitive materials in commerce. 


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1 ‘‘SEC. 1811. FEE AUTHORITY. 

2 ‘‘(a) IN GENERAL.—The Secretary may charge rea3 sonable fees for providing security sensitive material per4 mits and conducting background records checks under this 

5 title. 

6 ‘‘(b) FEE REQUIREMENTS.—The establishment and 

7 collection of fees under this section shall be subject to the 

8 following requirements: 

9 ‘‘(1) The fees, in the aggregate, shall not exceed 

10 the costs incurred by the Department of Homeland 

11 Security associated with the program established 

12 under this title. 

13 ‘‘(2) The Secretary shall charge fees in 

14 amounts that are reasonably related to the costs of 

15 providing services in connection with the activity or 

16 item for which the fee is charged. 

17 ‘‘(3) A fee may not be collected except to the 

18 extent such fee will be expended— 

19 ‘‘(A) to pay for the costs of providing secu20 rity sensitive material permits and conducting 

21 background records checks under this title; 

22 ‘‘(B) to pay for the costs of reviewing and 

23 adjudicating requests for waivers and appeals of 

24 agency decisions with respect to providing secu25 rity sensitive material permits, performing 


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1 background record checks, and denying requests 

2 for waivers and appeals under this title; and 

3 ‘‘(C) to pay for any other costs related to 

4 providing security sensitive material permits or 

5 performing background record checks under 

6 this title. 

7 ‘‘(4) Any fee collected shall be available for ex8 penditure only to pay the costs incurred in providing 

9 services in connection with the activity or item for 

10 which the fee is charged and shall remain available 

11 until expended. 

12 ‘‘SEC. 1812. TRANSITION. 

13 ‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR

14 HAZARDOUS MATERIALS ENDORSEMENTS.—An indi15 vidual who has obtained a hazardous materials endorse16 ment in accordance with section 1572 of title 49, Code 

17 of Federal Regulations, before the date of enactment of 

18 this title shall be treated as having met the requirements 

19 of section 1802(c). 

20 ‘‘(b) REDUCTION IN FEES.—The Secretary shall re21 duce, to the great extent practicable, any fees associated 

22 with obtaining a security sensitive material permit under 

23 this title for any individual referred to in subsection (a). 


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1 ‘‘SEC. 1813. SAVINGS CLAUSE. 

2 ‘‘Nothing in the title shall be construed as affecting 

3 the authority of the Secretary of Transportation to regu4 late hazardous materials under chapter 51 of title 49, 

5 United States Code. 

6 ‘‘SEC. 1814. DEFINITIONS. 

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

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

9 trade or transportation in the jurisdiction of the 

10 United States— 

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

12 place outside of the State; or 

13 ‘‘(B) that affects trade or transportation 

14 between a place in a State and a place outside 

15 of the State. 

16 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz17 ardous material’ means a substance or material the 

18 Secretary of Transportation designates under section 

19 5103(a) of title 49, United States Code. 

20 ‘‘(3) IMMINENT SECURITY HAZARD.—The term 

21 ‘imminent security hazard’ means the existence of a 

22 condition relating to security sensitive materials 

23 that— 

24 ‘‘(A) presents a substantial likelihood of a 

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1 tial endangerment to health, property, or na2 tional security; and 

3 ‘‘(B) may occur before the reasonably fore4 seeable completion date of a formal proceeding 

5 begun to lessen the risk of that death, illness, 

6 injury, or endangerment. 

7 ‘‘(4) PERSON.—The term ‘person’, in addition 

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

9 States Code— 

10 ‘‘(A) includes a government, Indian tribe, 

11 or authority of a government or tribe offering 

12 security sensitive material for transportation in 

13 commerce or transporting security sensitive ma14 terial to further a commercial enterprise; but 

15 ‘‘(B) does not include— 

16 ‘‘(i) the United States Postal Service; 

17 and 

18 ‘‘(ii) in section 1807 and 1808, a de19 partment, agency, or instrumentality of the 

20 Government. 

21 ‘‘(5) SECURITY SENSITIVE MATERIAL.—The 

22 term ‘security sensitive material’ means a substance 

23 or material in quantity and form the Secretary des24 ignates under section 1801. 


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1 ‘‘(6) SECURITY SENSITIVE MATERIAL PER2 MIT.—The term ‘security sensitive material permit’ 

3 means a permit issued under section 1802. 

4 ‘‘(7) TRANSPORTS; TRANSPORTATION.—The 

5 term ‘transports’ or ‘transportation’ means the 

6 movement of property and loading, unloading, or 

7 storage incidental to the movement.’’. 

8 SEC. 102. CONFORMING AMENDMENT. 

9 The table of contents contained in section 1(b) of the 

10 Homeland Security Act of 2002 (116 Stat. 2135) is 

11 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.’’. 

12 TITLE II—MISCELLANEOUS 

13 PROVISIONS 

14 SEC. 201. TASK FORCE ON HIGHWAY SECURITY. 

15 (a) ESTABLISHMENT.—The Secretary of Homeland 

16 Security shall establish a task force to assess security risks 

17 to motor vehicles transporting security sensitive material, 


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1 including the vulnerabilities of such motor vehicles to hi2 jacking, en route sabotage, theft, and insider threats. 

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

4 of representatives of the Department of Homeland Secu5 rity, the Department of Transportation, and representa6 tives of appropriate industry officials, including employee 

7 organizations. 

8 (c) REPORT.—Not later than 180 days after the date 

9 of enactment of this Act, the task force shall transmit to 

10 the Secretary and Congress a report containing the results 

11 of the assessment, including proposed solutions for any 

12 vulnerabilities identified. 

13 SEC. 202. TASK FORCE ON DISQUALIFYING CRIMES. 

14 (a) ESTABLISHMENT.—The Secretary of Homeland 

15 Security shall establish a task force to review the lists of 

16 crimes that disqualify individuals from certain transpor17 tation-related employment under current regulations of 

18 the Transportation Security Administration and assess 

19 whether such lists of crimes are accurate indicators of a 

20 terrorism security risk. 

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

22 of representatives of appropriate industries, including rep23 resentatives of employee organizations, and Federal agen24 cies. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the task force shall transmit to 

3 the Secretary and Congress a report containing the results 

4 of the review, including recommendations for a common 

5 list of disqualifying crimes and the rationale for the inclu6 sion of each crime on the list. 

7 SEC. 203. TASK FORCE ON REDUNDANT CHECKS. 

8 (a) ESTABLISHMENT.—The Secretary of Homeland 

9 Security, in consultation with the Attorney General, the 

10 Secretary of Defense, and the Secretary of Energy, shall 

11 establish a task force to review— 

12 (1) all Federal Government background check, 

13 vetting, and clearance programs; and 

14 (2) the fees imposed under such programs. 

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

16 of representatives of appropriate Federal agencies. 

17 (c) GOAL.—The task force shall focus on the goal of 

18 creating a Government-wide system of background checks 

19 to reduce redundancy and minimize the costs paid by the 

20 individuals subject to such checks. 

21 (d) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the task force shall transmit to 

23 the Secretary and Congress a report containing its find24 ings. 

Æ 


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