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 Secu-
rity, 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) in-
troduced the following bill; which was referred to the Committee on 
Homeland Security 
A BILL 
To require motor vehicle operators transporting security sen-
sitive material in commerce to obtain a permit from 
the Secretary of Homeland Security, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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 2006’’ or the 
‘‘SAFE Truckers Act of 2006’’. 
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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 XVIII—SURFACE 
TRANSPORTATION SECURITY 
‘‘SEC. 1801. DESIGNATION OF SECURITY SENSITIVE MATE-
RIAL. 
‘‘(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 homeland security 
due to the potential use of the material in an act of ter-
rorism. 
‘‘(b) CONSULTATION.—In carrying out subsection 
(a), the Secretary shall consult with— 
‘‘(1) the Secretary of Health and Human Serv-
ices, on the inclusion of chemical or biological mate-
rials or agents; and 
‘‘(2) the Secretary of Transportation, as appro-
priate. 
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‘‘(c) NOTICE AND COMMENT.—The Secretary shall 
make the designations under subsection (a) by regulation 
after providing notice and an opportunity for public com-
ment. 
‘‘SEC. 1802. SECURITY SENSITIVE MATERIAL PERMIT. 
‘‘(a) IN GENERAL.—Beginning not later than one 
year after the date of enactment of this title, the Secretary 
shall prohibit an individual from operating a motor vehicle 
in commerce while transporting a security sensitive mate-
rial unless the individual holds a security sensitive mate-
rial permit issued by the Secretary. 
‘‘(b) ISSUANCE OF PERMITS.—The Secretary may 
issue a security sensitive material permit to an individual 
if— 
‘‘(1) the individual holds a license to operate a 
motor vehicle transporting hazardous material in 
commerce in accordance with the requirements of 
section 5103a of title 49, United States Code; and 
‘‘(2) after conducting a background check 
under subsection (c), the Secretary determines that 
the individual does not pose a terrorist security risk 
warranting denial of the permit. 
‘‘(c) BACKGROUND RECORDS CHECK.— 
‘‘(1) IN GENERAL.—Before issuing a security 
sensitive material permit to an individual, the Sec-
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retary, in consultation with the Attorney General, 
shall conduct a fingerprint-based background records 
check of relevant criminal history databases regard-
ing the individual. 
‘‘(2) 
WRITTEN
CONSENT.—A 
background 
records check regarding an individual may be con-
ducted under this subsection only with the prior 
written consent of the individual. 
‘‘(3) NOTIFICATION.— 
‘‘(A) IN
GENERAL.—After conducting a 
background records check regarding an indi-
vidual under this section, the Secretary shall— 
‘‘(i) notify the individual of the com-
pletion and results of the background 
records check; and 
‘‘(ii) issue a security sensitive material 
permit to the individual or deny issuance 
of the permit. 
‘‘(B) LIMITATIONS ON DISCLOSURE.—In-
formation gathered under this section shall not 
otherwise be disclosed. 
‘‘(d) EXPIRATION OF PERMITS.—A security sensitive 
material permit issued to an individual shall expire at the 
end of the 5-year period beginning on the date of issuance 
of the permit or at the end of a shorter period established 
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by the Secretary by regulation. The Secretary may reissue 
a security sensitive material permit to an individual before 
the date of the permit’s expiration after conducting a new 
background records check regarding the individual under 
subsection (c). 
‘‘(e) WAIVER PROCESS.—The Secretary shall pre-
scribe regulations that establish a waiver process for 
issuing a security sensitive material permit to an indi-
vidual found to be otherwise ineligible for such a permit 
under subsection (c). In deciding to issue a permit to such 
an individual, the Secretary shall give consideration to the 
circumstances of any disqualifying act or offense, restitu-
tion made by the individual, Federal and State mitigation 
remedies, and other factors from which it may be con-
cluded that the individual does not pose a terrorism risk 
warranting denial of the permit. 
‘‘(f) DENIAL OF WAIVER REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a review process before an administrative law 
judge for individuals denied a waiver under sub-
section (e). 
‘‘(2) SCOPE OF REVIEW.—In conducting a re-
view under the process established pursuant to para-
graph (1), the administrative law judge shall be gov-
erned by the standards of section 706 of title 5, 
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United States Code. The substantial evidence stand-
ard in section 706(2)(E) of such title shall apply 
whether or not there has been an agency hearing. 
The judge shall review all facts on the record of the 
agency. 
‘‘(3) CLASSIFIED
EVIDENCE.—The Secretary, 
in consultation with the National Intelligence Direc-
tor, shall issue regulations to establish procedures by 
which the Secretary, as part of a review conducted 
under this subsection, may provide to the individual 
adversely affected by the determination an unclassi-
fied summary of classified evidence upon which the 
denial of a waiver by the Secretary was based. 
‘‘(4) REVIEW OF CLASSIFIED EVIDENCE BY AD-
MINISTRATIVE LAW JUDGE.— 
‘‘(A) REVIEW.—As part of a review con-
ducted under this subsection, if the decision of 
the Secretary was based on classified informa-
tion (as defined in section 1(a) of the Classified 
Information Procedures Act (18 U.S.C. App.)), 
such information may be submitted by the Sec-
retary to the reviewing administrative law 
judge, pursuant to appropriate security proce-
dures, and shall be reviewed by the administra-
tive law judge ex parte and in camera. 
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‘‘(B) SECURITY
CLEARANCES.—Pursuant 
to existing procedures and requirements, the 
Secretary, in coordination (as necessary) with 
the heads of other affected departments or 
agencies, shall ensure that administrative law 
judges reviewing negative waiver decisions of 
the Secretary under this subsection possess se-
curity clearances appropriate for such review. 
‘‘(C) UNCLASSIFIED SUMMARIES OF CLAS-
SIFIED EVIDENCE.—As part of a review con-
ducted under this subsection and upon the re-
quest of the individual adversely affected by the 
decision of the Secretary not to grant a waiver, 
the Secretary shall provide to the individual and 
reviewing administrative law judge, consistent 
with the procedures established under para-
graph (1), an unclassified summary of any clas-
sified information upon which the decision of 
the Secretary was based. 
‘‘(5) NEW EVIDENCE.—The Secretary shall es-
tablish a process under which an individual may sub-
mit a new request for a waiver, notwithstanding con-
firmation by the administrative law judge of the Sec-
retary’s initial denial of the waiver, if the request is 
supported by substantial evidence that was not avail-
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able to the Secretary at the time the initial waiver 
request was denied. 
‘‘(g) APPEALS PROCESS.—The Secretary shall estab-
lish an appeals process under this section for individuals 
found to be ineligible for a security sensitive permit that 
includes notice and an opportunity for a hearing. 
‘‘SEC. 1803. TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL INTEGRATION. 
‘‘(a) INTEGRATION OF SECURITY SENSITIVE MATE-
RIAL PERMIT.—The Secretary shall modify the program 
established under section 70105 of title 46, United States 
Code, to allow the Secretary to issue a security sensitive 
material permit to an individual as an integrated compo-
nent of a transportation security card. 
‘‘(b) MACHINE-READABLE ELEMENT.—A transpor-
tation security card referred to in subsection (a) shall indi-
cate the security sensitive material permit through a ma-
chine-readable element in electronic storage on the card. 
‘‘(c) FINGERPRINT
LOCATIONS.—The Secretary 
shall— 
‘‘(1) work with appropriate entities to ensure 
that fingerprinting locations for individuals applying 
for a transportation security card have flexible oper-
ating hours; and 
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‘‘(2) permit an individual applying for a trans-
portation security card to utilize a fingerprinting lo-
cation outside of the individual’s State of residence 
to the greatest extent practicable. 
‘‘SEC. 1804. CONSIDERATION OF OTHER BACKGROUND 
CHECKS. 
‘‘(a) INDIVIDUALS HOLDING TRANSPORTATION SE-
CURITY CARDS.—An individual who holds a transpor-
tation security card issued under section 70105 of title 
46, United States Code, shall be treated as having met 
the requirements of section 1802(c). 
‘‘(b) REDUCTION IN FEES.—The Secretary shall re-
duce to the greatest extent practicable, any fees associated 
with obtaining a security sensitive material permit under 
section 1802 for any individual referred to in subsection 
(a). 
‘‘SEC. 1805. LIMITATION ON SHIPPERS OF SECURITY SEN-
SITIVE MATERIAL. 
‘‘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, 
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unless the motor vehicle operator transporting the security 
sensitive material holds a valid security sensitive material 
permit. 
‘‘SEC. 1806. AUTHORITY TO ENSURE COMPLIANCE. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
ensure compliance with this title. 
‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary may enter into a memorandum of understanding 
with the Secretary of Transportation to ensure compliance 
with sections 1802(a), 1805, and 1810. 
‘‘SEC. 1807. 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 
death, serious illness, or severe injury to any person 
or substantial destruction of property, the Secretary 
may increase the amount of the civil penalty for 
such violation to not more than $100,000. 
‘‘(3) SEPARATE VIOLATIONS.—A separate viola-
tion occurs for each day the violation continues. 
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‘‘(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 no-
tice of the amount of the penalty. 
‘‘(c) PENALTY CONSIDERATIONS.—In determining 
the amount of a civil penalty under this section, the Sec-
retary 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 ac-
tion, the amount and appropriateness of the civil penalty 
shall not be subject to review. 
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‘‘(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 Treas-
ury as miscellaneous receipts. 
‘‘SEC. 1808. CRIMINAL PENALTIES. 
‘‘A person that knowingly violates this title or a regu-
lation 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 im-
prisonment shall be 10 years in any case in which the vio-
lation results in death or bodily injury to any person. 
‘‘SEC. 1809. ENFORCEMENT. 
‘‘(a) IN GENERAL.—At the request of the Secretary, 
the Attorney General may bring a civil action in an appro-
priate 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 assess-
ment of civil penalties considering the same penalty 
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amounts and factors as prescribed for the Secretary in an 
administrative case under section 1807. 
‘‘(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 appro-
priate district court of the United States— 
‘‘(A) to suspend or restrict the transpor-
tation of the security sensitive material respon-
sible 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. 1810. MOTOR VEHICLE OPERATORS REGISTERED TO 
OPERATE IN MEXICO OR CANADA. 
‘‘The Secretary shall prohibit a motor vehicle oper-
ator registered to operate in Mexico or Canada from oper-
ating a motor vehicle transporting a security sensitive ma-
terial in commerce in the United States until the operator 
has undergone a background records check similar to the 
background records check required for motor vehicle oper-
ators licensed in the United States to transport security 
sensitive materials in commerce. 
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‘‘SEC. 1811. FEE AUTHORITY. 
‘‘(a) IN GENERAL.—The Secretary may charge rea-
sonable fees for providing security sensitive material per-
mits and conducting background records checks under this 
title. 
‘‘(b) FEE REQUIREMENTS.—The establishment and 
collection of fees under this section shall be subject to the 
following requirements: 
‘‘(1) The fees, in the aggregate, shall not exceed 
the costs incurred by the Department of Homeland 
Security associated with the program established 
under this title. 
‘‘(2) The Secretary shall charge fees in 
amounts that are reasonably related to the costs of 
providing services in connection with the activity or 
item for which the fee is charged. 
‘‘(3) A fee may not be collected except to the 
extent such fee will be expended— 
‘‘(A) to pay for the costs of providing secu-
rity sensitive material permits and conducting 
background records checks under this title; 
‘‘(B) to pay for the costs of reviewing and 
adjudicating requests for waivers and appeals of 
agency decisions with respect to providing secu-
rity sensitive material permits, performing 
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background record checks, and denying requests 
for waivers and appeals under this title; and 
‘‘(C) to pay for any other costs related to 
providing security sensitive material permits or 
performing background record checks under 
this title. 
‘‘(4) Any fee collected shall be available for ex-
penditure only to pay the costs incurred in providing 
services in connection with the activity or item for 
which the fee is charged and shall remain available 
until expended. 
‘‘SEC. 1812. TRANSITION. 
‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR 
HAZARDOUS
MATERIALS
ENDORSEMENTS.—An indi-
vidual who has obtained a hazardous materials endorse-
ment 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 requirements 
of section 1802(c). 
‘‘(b) REDUCTION IN FEES.—The Secretary shall re-
duce, to the great extent practicable, any fees associated 
with obtaining a security sensitive material permit under 
this title for any individual referred to in subsection (a). 
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‘‘SEC. 1813. SAVINGS CLAUSE. 
‘‘Nothing in the title shall be construed as affecting 
the authority of the Secretary of Transportation to regu-
late hazardous materials under chapter 51 of title 49, 
United States Code. 
‘‘SEC. 1814. 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 ‘haz-
ardous 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 
terrorist attack that would result in death, seri-
ous illness, severe personal injury, or substan-
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tial endangerment to health, property, or na-
tional security; and 
‘‘(B) may occur before the reasonably fore-
seeable completion date of a formal proceeding 
begun to lessen the risk of that death, illness, 
injury, or endangerment. 
‘‘(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 ma-
terial to further a commercial enterprise; but 
‘‘(B) does not include— 
‘‘(i) the United States Postal Service; 
and 
‘‘(ii) in section 1807 and 1808, a de-
partment, 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 des-
ignates under section 1801. 
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‘‘(6) SECURITY
SENSITIVE
MATERIAL
PER-
MIT.—The term ‘security sensitive material permit’ 
means a permit issued under section 1802. 
‘‘(7) 
TRANSPORTS; 
TRANSPORTATION.—The 
term ‘transports’ or ‘transportation’ means the 
movement of property and loading, unloading, or 
storage incidental to the movement.’’. 
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 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.’’. 
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, 
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including the vulnerabilities of such motor vehicles to hi-
jacking, en route sabotage, theft, and insider threats. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of the Department of Homeland Secu-
rity, the Department of Transportation, and representa-
tives of appropriate industry officials, including employee 
organizations. 
(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 transpor-
tation-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 rep-
resentatives of employee organizations, and Federal agen-
cies. 
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(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 inclu-
sion of each crime on the list. 
SEC. 203. TASK FORCE ON REDUNDANT CHECKS. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security, in consultation with the Attorney General, the 
Secretary of Defense, and the Secretary of Energy, shall 
establish a task force to review— 
(1) all Federal Government background check, 
vetting, and clearance programs; and 
(2) the fees imposed under such programs. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of appropriate Federal agencies. 
(c) GOAL.—The task force shall focus on the goal of 
creating a Government-wide system of background checks 
to reduce redundancy and minimize the costs paid by the 
individuals subject to such checks. 
(d) 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 its find-
ings. 
Æ 
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