II 

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. 

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 ‘‘Secure Port Workforce 

5 Act’’. 


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1 SEC. 2. PROHIBITION OF ISSUANCE OF TRANSPORTATION 

2 SECURITY CARDS TO CONVICTED FELONS. 

3 Section 70105 of title 46, United States Code, is 

4 amended— 

5 (1) in subsection (b)(1), by striking ‘‘decides 

6 that the individual poses a security risk under sub7 section (c)’’ and inserting ‘‘determines under sub8 section (c) that the individual poses a security risk’’; 

9 and 

10 (2) in subsection (c), by amending paragraph 

11 (1) to read as follows: 

12 ‘‘(1) DISQUALIFICATIONS.— 

13 ‘‘(A) PERMANENT DISQUALIFYING CRIMI14 NAL OFFENSES.—Except as provided under 

15 paragraph (2), an individual is permanently dis16 qualified from being issued a transportation se17 curity card under subsection (b) if the indi18 vidual has been convicted, or found not guilty 

19 by reason of insanity, in a civilian or military 

20 jurisdiction of any of the following felonies: 

21 ‘‘(i) Espionage or conspiracy to com22 mit espionage. 

23 ‘‘(ii) Sedition or conspiracy to commit 

24 sedition. 

25 ‘‘(iii) Treason or conspiracy to commit 

26 treason. 


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1 ‘‘(iv) A crime listed in chapter 113B 

2 of title 18, a comparable State law, or con3 spiracy to commit such crime. 

4 ‘‘(v) A crime involving a transpor5 tation security incident. In this clause, a 

6 transportation security incident— 

7 ‘‘(I) is a security incident result8 ing in a significant loss of life, envi9 ronmental damage, transportation 

10 system disruption, or economic disrup11 tion in a particular area (as defined in 

12 section 70101 of title 46); and 

13 ‘‘(II) does not include a work 

14 stoppage or other nonviolent em15 ployee-related action, resulting from 

16 an employer-employee dispute. 

17 ‘‘(vi) Improper transportation of a 

18 hazardous material under section 5124 of 

19 title 49, or a comparable State law;. 

20 ‘‘(vii) Unlawful possession, use, sale, 

21 distribution, manufacture, purchase, re22 ceipt, transfer, shipping, transporting, im23 port, export, storage of, or dealing in an 

24 explosive or incendiary device (as defined 

25 in section 232(5) of title 18, explosive maVerDate Aug 31 2005 02:16 Nov 15, 2006 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4047.PCS S4047

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1 terials (as defined in section 841(c) of title 

2 18), or a destructive device (as defined in 

3 921(a)(4) of title 18). 

4 ‘‘(viii) Murder. 

5 ‘‘(ix) Conspiracy or attempt to commit 

6 any of the crimes described in clauses (v) 

7 through (viii). 

8 ‘‘(x) A violation of the Racketeer In9 fluenced and Corrupt Organizations Act 

10 (18 U.S.C. 1961 et seq.), or a comparable 

11 State law, if 1 of the predicate acts found 

12 by a jury or admitted by the defendant 

13 consists of 1 of the offenses listed in 

14 clauses (iv) and (viii). 

15 ‘‘(xi) Any other felony that the Sec16 retary determines to be a permanently dis17 qualifying criminal offense. 

18 ‘‘(B) INTERIM DISQUALIFYING CRIMINAL

19 OFFENSES.—Except as provided under para20 graph (2), an individual is disqualified from 

21 being issued a biometric transportation security 

22 card under subsection (b) if the individual has 

23 been convicted, or found not guilty by reason of 

24 insanity, during the 7-year period ending on the 

25 date on which the individual applies for such or 


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1 card, or was released from incarceration during 

2 the 5-year period ending on the date on which 

3 the individual applies for such a card, of any of 

4 the following felonies: 

5 ‘‘(i) Assault with intent to murder. 

6 ‘‘(ii) Kidnapping or hostage taking. 

7 ‘‘(iii) Rape or aggravated sexual 

8 abuse. 

9 ‘‘(iv) Unlawful possession, use, sale, 

10 manufacture, purchase, distribution, re11 ceipt, transfer, shipping, transporting, de12 livery, import, export of, or dealing in a 

13 firearm or other weapon. In this clause, a 

14 firearm or other weapon includes, but is 

15 not limited to— 

16 ‘‘(I) firearms (as defined in sec17 tion 921(a)(3) of title 18); and 

18 ‘‘(II) items contained on the 

19 United States Munitions Import List 

20 under 447.21 of title 27 Code of Fed21 eral Regulations. 

22 ‘‘(v) Extortion. 

23 ‘‘(vi) Dishonesty, fraud, or misrepre24 sentation, including identity fraud. 

25 ‘‘(vii) Bribery. 


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1 ‘‘(viii) Smuggling. 

2 ‘‘(ix) Immigration violations. 

3 ‘‘(x) A violation of the Racketeer In4 fluenced and Corrupt Organizations Act 

5 (18 U.S.C. 1961, et seq.) or a comparable 

6 State law, other than a violation listed in 

7 subparagraph (A)(x). 

8 ‘‘(xi) Robbery. 

9 ‘‘(xii) Distribution of, possession with 

10 intent to distribute, or importation of a 

11 controlled substance. 

12 ‘‘(xiii) Arson. 

13 ‘‘(xiv) Conspiracy or attempt to com14 mit any of the crimes in this subpara15 graph. 

16 ‘‘(xv) Any other felony that the Sec17 retary determines to be a disqualifying 

18 criminal offense under this subparagraph. 

19 ‘‘(C) OTHER POTENTIAL DISQUALIFICA20 TIONS.—Except as provided under subpara21 graphs (A) and (B), an individual may not be 

22 denied a transportation security card under 

23 subsection (b) unless the Secretary determines 

24 that individual— 


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1 ‘‘(i) has been convicted within the pre2 ceding 7-year period of a felony or found 

3 not guilty by reason of insanity of a fel4 ony— 

5 ‘‘(I) that the Secretary believes 

6 could cause the individual to be a ter7 rorism security risk to the United 

8 States; or 

9 ‘‘(II) for causing a severe trans10 portation security incident; 

11 ‘‘(ii) has been released from incarcer12 ation within the preceding 5-year period 

13 for committing a felony described in clause 

14 (i); 

15 ‘‘(iii) may be denied admission to the 

16 United States or removed from the United 

17 States under the Immigration and Nation18 ality Act (8 U.S.C. 1101 et seq.); or 

19 ‘‘(iv) otherwise poses a terrorism secu20 rity risk to the United States.’’. 


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Calendar No. 664 

109TH CONGRESS 

2D SESSION S. 4047 

A BILL 

To prohibit the issuance of transportation security 

certain crimes. cards to individuals who have been convicted of 

NOVEMBER 14, 2006 

Read the second time and placed on the calendar 


hmoore on PROD1PC60 with BILLS