`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4047 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 664
109th CONGRESS
  2d Session
                                S. 4047

     To prohibit the issuance of transportation security cards to 
         individuals who have been convicted of certain crimes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2006

Mr. DeMint (for himself and Mr. Ensign) introduced the following bill; 
                     which was read the first time

                           November 14, 2006

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL



     To prohibit the issuance of transportation security cards to 
         individuals who have been convicted of certain crimes.

    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 ``Secure Port Workforce Act''.

SEC. 2. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO 
              CONVICTED FELONS.

    Section 70105 of title 46, United States Code, is amended--
            (1) in subsection (b)(1), by striking ``decides that the 
        individual poses a security risk under subsection (c)'' and 
        inserting ``determines under subsection (c) that the individual 
        poses a security risk''; and
            (2) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) Disqualifications.--
                    ``(A) Permanent disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual 
                is permanently disqualified from being issued a 
                transportation security card under subsection (b) if 
                the individual has been convicted, or found not guilty 
                by reason of insanity, in a civilian or military 
                jurisdiction of any of the following felonies:
                            ``(i) Espionage or conspiracy to commit 
                        espionage.
                            ``(ii) Sedition or conspiracy to commit 
                        sedition.
                            ``(iii) Treason or conspiracy to commit 
                        treason.
                            ``(iv) A crime listed in chapter 113B of 
                        title 18, a comparable State law, or conspiracy 
                        to commit such crime.
                            ``(v) A crime involving a transportation 
                        security incident. In this clause, a 
                        transportation security incident--
                                    ``(I) is a security incident 
                                resulting in a significant loss of 
                                life, environmental damage, 
                                transportation system disruption, or 
                                economic disruption in a particular 
                                area (as defined in section 70101 of 
                                title 46); and
                                    ``(II) does not include a work 
                                stoppage or other nonviolent employee-
                                related action, resulting from an 
                                employer-employee dispute.
                            ``(vi) Improper transportation of a 
                        hazardous material under section 5124 of title 
                        49, or a comparable State law;.
                            ``(vii) Unlawful possession, use, sale, 
                        distribution, manufacture, purchase, receipt, 
                        transfer, shipping, transporting, import, 
                        export, storage of, or dealing in an explosive 
                        or incendiary device (as defined in section 
                        232(5) of title 18, explosive materials (as 
                        defined in section 841(c) of title 18), or a 
                        destructive device (as defined in 921(a)(4) of 
                        title 18).
                            ``(viii) Murder.
                            ``(ix) Conspiracy or attempt to commit any 
                        of the crimes described in clauses (v) through 
                        (viii).
                            ``(x) A violation of the Racketeer 
                        Influenced and Corrupt Organizations Act (18 
                        U.S.C. 1961 et seq.), or a comparable State 
                        law, if 1 of the predicate acts found by a jury 
                        or admitted by the defendant consists of 1 of 
                        the offenses listed in clauses (iv) and (viii).
                            ``(xi) Any other felony that the Secretary 
                        determines to be a permanently disqualifying 
                        criminal offense.
                    ``(B) Interim disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual 
                is disqualified from being issued a biometric 
                transportation security card under subsection (b) if 
                the individual has been convicted, or found not guilty 
                by reason of insanity, during the 7-year period ending 
                on the date on which the individual applies for such or 
                card, or was released from incarceration during the 5-
                year period ending on the date on which the individual 
                applies for such a card, of any of the following 
                felonies:
                            ``(i) Assault with intent to murder.
                            ``(ii) Kidnapping or hostage taking.
                            ``(iii) Rape or aggravated sexual abuse.
                            ``(iv) Unlawful possession, use, sale, 
                        manufacture, purchase, distribution, receipt, 
                        transfer, shipping, transporting, delivery, 
                        import, export of, or dealing in a firearm or 
                        other weapon. In this clause, a firearm or 
                        other weapon includes, but is not limited to--
                                    ``(I) firearms (as defined in 
                                section 921(a)(3) of title 18); and
                                    ``(II) items contained on the 
                                United States Munitions Import List 
                                under 447.21 of title 27 Code of 
                                Federal Regulations.
                            ``(v) Extortion.
                            ``(vi) Dishonesty, fraud, or 
                        misrepresentation, including identity fraud.
                            ``(vii) Bribery.
                            ``(viii) Smuggling.
                            ``(ix) Immigration violations.
                            ``(x) A violation of the Racketeer 
                        Influenced and Corrupt Organizations Act (18 
                        U.S.C. 1961, et seq.) or a comparable State 
                        law, other than a violation listed in 
                        subparagraph (A)(x).
                            ``(xi) Robbery.
                            ``(xii) Distribution of, possession with 
                        intent to distribute, or importation of a 
                        controlled substance.
                            ``(xiii) Arson.
                            ``(xiv) Conspiracy or attempt to commit any 
                        of the crimes in this subparagraph.
                            ``(xv) Any other felony that the Secretary 
                        determines to be a disqualifying criminal 
                        offense under this subparagraph.
                    ``(C) Other potential disqualifications.--Except as 
                provided under subparagraphs (A) and (B), an individual 
                may not be denied a transportation security card under 
                subsection (b) unless the Secretary determines that 
                individual--
                            ``(i) has been convicted within the 
                        preceding 7-year period of a felony or found 
                        not guilty by reason of insanity of a felony--
                                    ``(I) that the Secretary believes 
                                could cause the individual to be a 
                                terrorism security risk to the United 
                                States; or
                                    ``(II) for causing a severe 
                                transportation security incident;
                            ``(ii) has been released from incarceration 
                        within the preceding 5-year period for 
                        committing a felony described in clause (i);
                            ``(iii) may be denied admission to the 
                        United States or removed from the United States 
                        under the Immigration and Nationality Act (8 
                        U.S.C. 1101 et seq.); or
                            ``(iv) otherwise poses a terrorism security 
                        risk to the United States.''.
                                                       Calendar No. 664

109th CONGRESS

  2d Session

                                S. 4047

_______________________________________________________________________

                                 A BILL

     To prohibit the issuance of transportation security cards to 
         individuals who have been convicted of certain crimes.

_______________________________________________________________________

                           November 14, 2006

            Read the second time and placed on the calendar`