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 XXI—SURFACE 
TRANSPORTATION SECURITY 
‘‘SEC. 2101. 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 national 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. 2102. TRANSPORTATION OF SECURITY SENSITIVE MA-
TERIALS. 
‘‘(a) 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 transportation security 
card issued by the Secretary under section 70105 of title 
46, United States Code. 
‘‘(b) 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. 
‘‘SEC. 2103. ENROLLMENT LOCATIONS. 
‘‘The Secretary shall— 
‘‘(1) work with appropriate entities to ensure 
that fingerprinting locations for individuals applying 
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for a transportation security card under section 
70105 of title 46, United States Code, have flexible 
operating hours; and 
‘‘(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. 2104. 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 2102 and 2107(b). 
‘‘SEC. 2105. 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 
a transportation security incident, the Secretary may 
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increase the amount of the civil penalty for such vio-
lation to not more than $100,000. 
‘‘(3) SEPARATE VIOLATIONS.—A separate viola-
tion occurs for each day the violation continues. 
‘‘(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 
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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. 
‘‘(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. 2106. CRIMINAL PENALTIES. 
‘‘A person that willfully violates this title or a regula-
tion 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 a transportation security incident. 
‘‘SEC. 2107. 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 
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