SEC. 2. CONSOLIDATION AND HARMONIZATION OF SECU-
RITY THREAT ASSESSMENT PROCESS FOR 
TRANSPORTATION WORKERS. 
(a) REQUIREMENT FOR RULEMAKING.—By not later 
than one year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall, by rulemaking, 
consolidate and harmonize the Department of Homeland 
Security’s security threat assessment process for transpor-
tation workers, to reduce redundant background checks 
performed by the Department to the extent possible under 
law and in accordance with the relative security 
vulnerabilities of the transportation sectors and any other 
security considerations the Secretary determines are rel-
evant. 
(b) CONSULTATION.—In developing the rulemaking 
under subsection (a), the Secretary shall, within 120 days 
of enactment of this Act, consult with and seek input from 
representatives from air carriers, airport operators, labor 
organizations, port authorities, port operators, and other 
relevant stakeholders. 
(c) LIMITATION.— 
(1) EXISTING PROCESSES AND FUNCTIONS.— 
Any rule issued under subsection (a) shall not apply 
to a process or function carried out by a non-Fed-
eral airport operator as of the date of enactment of 
this Act. 
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(2) AUTHORITY TO RESTRICT ACCESS.—Noth-
ing in any rule issued under subsection (a) shall af-
fect the authority of an airport operator to restrict 
an individual’s access to secure areas within an air-
port or other aviation facility. 
(d) ANALYSIS.—The rulemaking under subsection (a) 
shall include an analysis of— 
(1) how security threat assessment processes 
for transportation workers will be consolidated and 
harmonized; 
(2) any reductions in costs or fees that will be 
realized; and 
(3) any other efficiencies, including a reduction 
or streamlining of pertinent regulations, that will be 
realized. 
SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION EM-
PLOYMENT DISQUALIFICATION. 
Section 44936 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(1)(A), by striking ‘‘Under 
Secretary of Transportation for Security’’ and in-
serting ‘‘Secretary of Homeland Security (in this 
section referred to as the ‘Secretary’)’’; 
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(2) by striking ‘‘Under Secretary’’ each place it 
appears (other than in subsection (a)(1)(A)) and in-
serting ‘‘Secretary’’; 
(3) in subsection (a)(2), by inserting before the 
period the following: ‘‘and the results of that inves-
tigation are provided to the Secretary’’; 
(4) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘or’’; and 
(ii) by striking subparagraph (B) and 
inserting the following new subparagraphs: 
‘‘(B) the Secretary determines that the indi-
vidual is disqualified under section 70105(c)(1) of 
title 46 from being issued a biometric or other trans-
portation security card; or 
‘‘(C) the Secretary determines that the indi-
vidual poses a threat to transportation or national 
security.’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(4) An individual disqualified by the Federal Gov-
ernment from being issued a biometric or other transpor-
tation security card under paragraph (1)(B) may seek a 
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waiver pursuant to paragraphs (2) and (3) of section 
70105(c) of title 46. 
‘‘(5) Nothing in this subsection shall affect the au-
thority of an air carrier, foreign air carrier, airport oper-
ator, or government, to disqualify any individual from em-
ployment based on a review or adjudication of a criminal 
history record check. 
‘‘(6) An airport operator shall not be required to 
issue an airport credential providing unescorted access to 
a Secure Identification Display Area to any individual 
based solely on the waiver process established under this 
section. 
‘‘(7) No cause of action, suit, or other proceeding 
shall arise— 
‘‘(A) from any denial of a request of a waiver 
under this section; or 
‘‘(B) from any disqualification for employment, 
if the cause of action, suit, or proceeding is based 
solely on the fact that the applicant for employment 
was granted a waiver under this subsection.’’; 
(5) in subsection (d), by adding at the end the 
following: ‘‘The fees authorized under this section— 
‘‘(1) shall not exceed the aggregate costs in-
curred by the Department of Homeland Security as-
sociated with performing background record checks; 
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‘‘(2) must be reasonably related to the costs of 
incurred from— 
‘‘(A) conducting or obtaining a criminal 
history record check or reviewing available law 
enforcement databases and commercial data-
bases and records of other governmental and 
international agencies; 
‘‘(B) reviewing and adjudicating requests 
for waiver and appeals of agency decisions with 
respect to performing the background record 
check and denying requests for waiver and ap-
peals; and 
‘‘(C) any other costs related to performing 
the background record check; and 
‘‘(3) may be used, subject to appropriations, 
only to pay the costs incurred in providing services 
in connection with the activity or item for which the 
fee is charged, and may remain available until ex-
pended.’’; and 
(6) by adding at the end the following new sub-
section: 
‘‘(f) USE OF INFORMATION.—Any information con-
stituting grounds for disqualifying an individual from 
being issued a biometric or other transportation security 
card under subsection (b)(1) by the Federal Government 
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shall be maintained by the Secretary and may be shared 
to the extent allowable under section 552a of title 5.’’. 
SEC. 4. DISQUALIFICATION FROM BEING ISSUED A BIOMET-
RIC TRANSPORTATION SECURITY CARD. 
(a) PERMANENTLY DISQUALIFYING OFFENSES.— 
Section 70105(c)(1)(A) of title 46, United States Code, 
is amended— 
(1) by redesignating clauses (v), (vi), (vii), 
(viii), (ix), (x), (xi), and (xii) as clauses (vii), (viii), 
(ix), (x), (xi), (xii), (xiv), and (xv), respectively; 
(2) by inserting after clause (iv) the following 
new clauses: 
‘‘(v) Aircraft piracy punishable under 
section 46502(a) of title 49. 
‘‘(vi) Aircraft piracy outside the spe-
cial aircraft jurisdiction of the United 
States punishable under section 46502(b) 
of title 49.’’; 
(3) by inserting after clause (xii), as so redesig-
nated, the following new clause: 
‘‘(xiii) Improper transportation of a 
hazardous material punishable under sec-
tion 46312 of title 49.’’; 
(4) in clause (xiv), as so redesignated, by strik-
ing ‘‘(iv)’’ and inserting ‘‘(vi)’’; and 
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‘‘(xxii) Unlawful entry into an aircraft 
or airport area that serves air carriers or 
foreign air carriers contrary to established 
security requirements punishable under 
section 46314 of title 49. 
‘‘(xxiii) Lighting violations involving 
transportation of controlled substances 
punishable under section 46315 of title 49. 
‘‘(xxiv) Violence at international air-
ports punishable under section 37 of title 
18. 
‘‘(xxv) Conveying false information 
and threats punishable under section 
46507 of title 49.’’. 
SEC. 5. 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 one year 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 secu-
rity-sensitive material holds a valid transportation security 
card issued by the Secretary under section 70105 of title 
46, United States Code. 
‘‘(d) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary may enter into a memorandum of understanding 
with the Secretary of Transportation to ensure compliance 
with this section. 
‘‘(e) LIMITATION
ON APPLICATION.—This section 
and the regulations and prohibitions under this section 
shall not apply to the United States Postal Service and 
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any other department, agency, or instrumentality of the 
Federal Government. 
‘‘SEC. 2102. ENROLLMENT LOCATIONS. 
‘‘(a) ENROLLMENT
LOCATIONS.—The Secretary 
shall— 
‘‘(1) work with appropriate entities to ensure 
that enrollment locations for individuals applying for 
a transportation security card under section 70105 
of title 46, United States Code, have flexible oper-
ating hours; and 
‘‘(2) permit an individual applying for such 
transportation security card to utilize an enrollment 
location outside of the individual’s State of residence 
to the greatest extent practicable. 
‘‘(b) 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 
enrollment locations practicable across diverse geo-
graphic regions; and 
‘‘(2) to conduct outreach to appropriate stake-
holders, including owners and operators of motor ve-
hicles involved in the transportation of security-sen-
sitive materials, and labor organizations representing 
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employees of such owners or operators to keep the 
stakeholders informed of the timeframe and loca-
tions for the opening of additional enrollment loca-
tions. 
‘‘SEC. 2103. 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 
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. 2104. REDUNDANT BACKGROUND CHECKS. 
‘‘(a) IN GENERAL.—The Secretary shall prohibit a 
State or political subdivision thereof from requiring a sep-
arate security background check of an individual seeking 
to transport security-sensitive material. 
‘‘(b) WAIVERS.—The Secretary may waive the appli-
cation of subsection (a) with respect to a State or political 
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subdivision thereof if the State or political subdivision 
demonstrates a compelling reason that a separate security 
background check is necessary to ensure the secure trans-
portation of security-sensitive material in the State or po-
litical 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. 2105. 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, is deemed to have met the background check 
requirements of a transportation security card under sec-
tion 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 
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section 70105 of title 46, United Sates Code, for any indi-
vidual referred to in subsection (a). 
‘‘SEC. 2106. SAVINGS CLAUSE. 
‘‘Nothing in this 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. 2107. 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’ has the meaning given that term in 
section 5102 of title 49, United States Code. 
‘‘(3) PERSON.—The term ‘person’, in addition 
to its meaning under section 1 of title 1, United 
States Code, includes a State, local, or tribal govern-
ment offering security-sensitive material for trans-
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portation in commerce or transporting security-sen-
sitive material to further a commercial enterprise. 
‘‘(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.’’. 
(b) CLERICAL 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. Commercial motor vehicle operators registered to operate in Mexico 
or Canada. 
‘‘Sec. 2104. Redundant background checks. 
‘‘Sec. 2105. Transition. 
‘‘Sec. 2106. Savings clause. 
‘‘Sec. 2107. Definitions.’’. 
(c) SECURITY CARDS FOR CERTAIN MOTOR VEHICLE 
OPERATORS.—Section 70105(b)(2) of title 46, United 
States Code, is amended by striking ‘‘and’’ after the semi-
colon at the end of subparagraph (F), by striking the pe-
riod at the end of subparagraph (G) and inserting ‘‘; and’’, 
and by adding at the end the following new subparagraph: 
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‘‘(H) an individual who operates a motor 
vehicle in commerce while transporting security- 
sensitive material (as that term is defined in 
section 
1501 
of 
the 
Implementing 
Rec-
ommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1151).’’. 
(d) CIVIL PENALTIES.—Section 114(v) of title 49, 
United States Code, is amended— 
(1) in paragraph (1)(A), by inserting ‘‘under 
title XXI of the Homeland Security Act of 2002 or’’ 
after ‘‘Secretary of Homeland Security’’; and 
(2) by striking ‘‘applicable provision of this 
title’’ each place it appears and inserting ‘‘applicable 
provision’’. 
SEC. 6. 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. 7. DEADLINES AND EFFECTIVE DATES. 
(a) ISSUANCE
OF
TRANSPORTATION
SECURITY 
CARDS.—Not later than one year after the date of the en-
actment of this Act, the Secretary of Homeland Security 
(as that term is defined in section 70101 of title 46, 
United States Code) shall begin issuance of transportation 
security cards under section 70105(b)(2)(H) of title 46, 
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United States Code, as amended by this Act, to individuals 
who seek to operate a motor vehicle in commerce while 
transporting security-sensitive materials. 
(b) EFFECTIVE DATE OF PROHIBITIONS.—The pro-
hibitions under in section 2101 of the Homeland Security 
Act of 2002 (as added by section 5) shall take effect on 
the date that is 2 years after the date of enactment of 
this Act. 
(c) EFFECTIVE
DATE
OF
SECTION
6 AMEND-
MENTS.—The amendments made by section 6 of this Act 
shall take effect on the date that is 2 years after the date 
of enactment of this Act. 
SEC. 8. TASK FORCE ON DISQUALIFYING CRIMES. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish a task force, with an official des-
ignated by the Secretary to be the Chair of the task force, 
to review the lists of crimes that disqualify individuals 
from transportation-related employment under current 
regulations of the Transportation Security Administration 
and assess whether such lists of crimes are accurate indi-
cators 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, 
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Federal agencies, and other appropriate entities, as deter-
mined by the Secretary. 
(c) REPORT.—Not later than one year 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. 
Æ 
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