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establishing the center are an efficient use of resources 
for training transportation security officers. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report re-
garding the results of the study. 
Subtitle B—SAFE Truckers Act of 
2009 
SEC. 431. SHORT TITLE. 
This subtitle may be cited as the ‘‘Screening Applied 
Fairly and Equitably to Truckers Act of 2009’’ or the 
‘‘SAFE Truckers Act of 2009’’. 
SEC. 432. 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 XXI—SURFACE 
TRANSPORTATION SECURITY 
‘‘SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MA-
TERIALS. 
‘‘(a) SECURITY SENSITIVE MATERIALS.—Not later 
than 120 days after the date of enactment of this section, 
the Secretary shall issue final regulations, after notice and 
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comment, defining security sensitive materials for the pur-
poses of this title. 
‘‘(b) MOTOR VEHICLE OPERATORS.—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 valid transportation secu-
rity card issued by the Secretary under section 70105 of 
title 46, United States Code. 
‘‘(c) SHIPPERS.—The Secretary shall prohibit a per-
son 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, 
unless the motor vehicle operator transporting the security 
sensitive material holds a valid transportation security 
card issued by the Secretary under section 70105 of title 
46, United States Code. 
‘‘SEC. 2102. ENROLLMENT LOCATIONS. 
‘‘(a) FINGERPRINTING LOCATIONS.—The Secretary 
shall— 
‘‘(1) work with appropriate entities to ensure 
that fingerprinting locations for individuals applying 
for a transportation security card under section 
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70105 of title 46, United States Code, have flexible 
operating hours; and 
‘‘(2) permit an individual applying for such 
transportation 
security 
card 
to 
utilize 
a 
fingerprinting location outside of the individual’s 
State of residence to the greatest extent practicable. 
‘‘(b) RECEIPT
AND ACTIVATION
OF CARDS.—The 
Secretary shall develop guidelines and procedures to per-
mit an individual to receive a transportation security card 
under section 70105 of title 46, United States Code, at 
the individual’s place of residence and to activate the card 
at any enrollment center. 
‘‘(c) NUMBER OF LOCATIONS.—The Secretary shall 
develop and implement a plan— 
‘‘(1) to offer individuals applying for a trans-
portation security card under section 70105 of title 
46, United States Code, the maximum number of 
fingerprinting locations practicable across diverse ge-
ographic regions; and 
‘‘(2) to conduct outreach to appropriate stake-
holders, including owners, operators, and relevant 
entities (and labor organizations representing em-
ployees of such owners, operators, and entities), to 
keep the stakeholders informed of the timeframe and 
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locations for the opening of additional fingerprinting 
locations. 
‘‘(d) AUTHORIZATION.—There are authorized to be 
appropriated such sums as may be necessary to carry out 
this section. 
‘‘SEC. 2103. 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 section 2101. 
‘‘SEC. 2104. CIVIL PENALTIES. 
‘‘A person that violates this title or a regulation or 
order issued under this title is liable to the United States 
Government pursuant to the Secretary’s authority under 
section 114(v) of title 49, United States Code. 
‘‘SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS 
REGISTERED TO OPERATE IN MEXICO OR 
CANADA. 
‘‘The Secretary shall prohibit a commercial motor ve-
hicle operator licensed to operate in Mexico or Canada 
from operating a commercial motor vehicle transporting 
a security sensitive material in commerce in the United 
States until the operator has been subjected to, and not 
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disqualified as a result of, a security background records 
check by a Federal agency that the Secretary determines 
is similar to the security background records check re-
quired for commercial motor vehicle operators in the 
United States transporting security sensitive materials in 
commerce. 
‘‘SEC. 2106. OTHER SECURITY BACKGROUND CHECKS. 
‘‘The Secretary shall determine that an individual ap-
plying for a transportation security card under section 
70105 of title 46, United States Code, has met the back-
ground check requirements for such card if the individual 
was subjected to, and not disqualified as a result of, a 
security background records check by a Federal agency 
that the Secretary determines is equivalent to or more 
stringent than the background check requirements for 
such card. 
‘‘SEC. 2107. REDUNDANT BACKGROUND CHECKS. 
‘‘(a) IN GENERAL.—After the date of enactment of 
this title, the Secretary shall prohibit a State or political 
subdivision thereof from requiring a separate security 
background check of an individual seeking to transport 
hazardous materials. 
‘‘(b) WAIVERS.—The Secretary may waive the appli-
cation of subsection (a) with respect to a State or political 
subdivision thereof if the State or political subdivision 
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demonstrates a compelling homeland security reason that 
a separate security background check is necessary to en-
sure the secure transportation of hazardous materials in 
the State or political subdivision. 
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall limit the authority of a State 
to ensure that an individual has the requisite knowledge 
and skills to safely transport hazardous materials in com-
merce. 
‘‘SEC. 2108. TRANSITION. 
‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR 
HAZARDOUS
MATERIALS
ENDORSEMENTS.—The Sec-
retary shall treat an individual who has obtained a haz-
ardous materials endorsement in accordance with section 
1572 of title 49, Code of Federal Regulations, before the 
date of enactment of this title, as having met the back-
ground check requirements of a transportation security 
card under section 70105 of title 46, United States Code, 
subject to reissuance or expiration dates of the hazardous 
materials endorsement. 
‘‘(b) REDUCTION IN FEES.—The Secretary shall re-
duce, to the greatest extent practicable, any fees associ-
ated with obtaining a transportation security card under 
section 70105 of title 46, United Sates Code, for any indi-
vidual referred to in subsection (a). 
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‘‘(B) does not include— 
‘‘(i) the United States Postal Service; 
and 
‘‘(ii) in section 2104, a department, 
agency, or instrumentality of the Govern-
ment. 
‘‘(4) SECURITY
SENSITIVE
MATERIAL.—The 
term ‘security sensitive material’ has the meaning 
given that term in section 1501 of the Implementing 
Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1151). 
‘‘(5) 
TRANSPORTS; 
TRANSPORTATION.—The 
term ‘transports’ or ‘transportation’ means the 
movement of property and loading, unloading, or 
storage incidental to such movement.’’. 
SEC. 433. 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 XXI—SURFACE TRANSPORTATION SECURITY 
‘‘Sec. 2101. Transportation of security sensitive materials. 
‘‘Sec. 2102. Enrollment locations. 
‘‘Sec. 2103. Authority to ensure compliance. 
‘‘Sec. 2104. Civil penalties. 
‘‘Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico 
or Canada. 
‘‘Sec. 2106. Other security background checks. 
‘‘Sec. 2107. Redundant background checks. 
‘‘Sec. 2108. Transition. 
‘‘Sec. 2109. Savings clause. 
‘‘Sec. 2110. Definitions.’’. 
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SEC. 434. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 
Section 5103a of title 49, United States Code, and 
the item relating to that section in the analysis for chapter 
51 of such title, are repealed. 
SEC. 435. DEADLINES AND EFFECTIVE DATES. 
(a) ISSUANCE
OF
TRANSPORTATION
SECURITY 
CARDS.—Not later than May 31, 2010, the Secretary shall 
begin issuance of transportation security cards under sec-
tion 70105 of title 46, United States Code, to individuals 
who seek to operate a motor vehicle in commerce while 
transporting security sensitive materials. 
(b) EFFECTIVE DATE OF PROHIBITIONS.—The pro-
hibitions contained in sections 2101 and 2106 of the 
Homeland Security Act of 2002 (as added by this subtitle) 
shall take effect on the date that is 3 years after the date 
of enactment of this Act. 
(c) EFFECTIVE DATE
OF SECTION 434 AMEND-
MENTS.—The amendments made by section 434 of this 
Act shall take effect on the date that is 3 years after the 
date of enactment of this Act. 
SEC. 436. TASK FORCE ON DISQUALIFYING CRIMES. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a task force to review the lists of crimes that disqualify 
individuals from transportation-related employment under 
current regulations of the Transportation Security Admin-
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istration and assess whether such lists of crimes are accu-
rate indicators of a terrorism security risk. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of appropriate industries, including 
labor unions representing employees of such industries, 
Federal agencies, and other appropriate entities, as deter-
mined by the Secretary. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the task force shall submit to 
the Secretary and the Committee on Homeland Security 
of the House of Representatives a report containing the 
results of the review, including recommendations for a 
common list of disqualifying crimes and the rationale for 
the inclusion of each crime on the list. 
Passed the House of Representatives June 4, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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