[Senate Report 107-241]
[From the U.S. Government Publishing Office]
Calendar No. 550
107th Congress Report
SENATE
2d Session 107-241
_______________________________________________________________________
HAZMAT ENDORSEMENT REQUIREMENTS ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1750
August 1, 2002.--Ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
99-010 WASHINGTON : 2002
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventh congress
second session
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Staff Director
Moses Boyd, Chief Counsel
Gregg Elias, General Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
Ann Begeman, Republican Deputy Staff Director
Calendar No. 550
107th Congress Report
SENATE
2d Session 107-241
======================================================================
HAZMAT ENDORSEMENT REQUIREMENTS ACT
_______
August 1, 2002.--Ordered to be printed
_______
Mr. Hollings, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1750]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1750) to make technical
corrections to the HAZMAT provisions of the USA PATRIOT Act,
having considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill, as amended, do pass.
Purpose of the Bill
S. 1750 would amend section 1012 of the USA PATRIOT Act of
2001 (Public Law 107-56) to ensure that the Department of
Transportation (DOT), the States, and the drivers of commercial
vehicles are provided a clear statutory direction with respect
to the requirements associated with hazardous materials
endorsements and background checks. S. 1750 assumes
continuation of the basic framework of section 1012 requiring
that: (1) States request security checks from the United States
Attorney General (AG) for driver's license applicants who will
transport hazardous materials; (2) the AG conducts checks of
relevant information systems and provides the results to the
United States Department of Transportation (DOT); and (3) the
DOT notifies requesting States whether applicants pose a
security threat.
Background and Needs
The terrorist attacks on September 11, 2001, have changed the
paradigm for what constitutes safety in transportation.
Attention has shifted from accident prevention to also
protecting people and cargo from deliberate acts of terrorism.
Since the attacks on the World Trade Center and the Pentagon, a
new White House Office of Homeland Security has been created,
supplemental appropriations have been approved to fight the war
on terrorism, and security at United States border points of
entry has been increased. Congress is also currently
considering a number of measures to improve cargo security, as
well as to creating a new departmental agency dedicated to
Homeland Security.
In October 2001, the Congress passed legislation entitled the
Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT) Act of 2001 (Public Law 107-56). The USA PATRIOT Act
consists of ten titles which, among other things, give Federal
law enforcement and intelligence officers greater authority (at
least temporarily) to gather and share evidence with respect to
wire and electronic communications; amend Federal money
laundering laws involving overseas financial activities; create
new Federal crimes, increase the penalties for existing Federal
crimes, and adjust existing Federal criminal procedure with
respect to acts of terrorism; modify immigration law,
increasing the ability of Federal authorities to prevent
suspected foreign terrorists from entering the United States,
detain foreign terrorist suspects, deport foreign terrorists,
and mitigate the adverse immigration consequences for the
foreign victims of September 11; and authorize appropriations
to enhance the capacity of immigration, law enforcement, and
intelligence agencies to more effectively respond to the
threats of terrorism.
Section 1012 of the USA PATRIOT Act requires background
checks for drivers of commercial trucks carrying hazardous
materials. Authored by Senator Orrin Hatch, this section was
added to the legislation without thorough review by the Senate
Commerce, Science, and Transportation Committee (Committee).
The issue of background checks, however, was discussed by the
Subcommittee on Surface Transportation and Merchant Marine
(Subcommittee) at a hearing on October 10, 2001. During the
hearing, many options for increasing the security of hazardous
materials shipments were discussed, including requiring
background checks for drivers of commercial vehicles carrying
hazardous materials. Committee members expressed concerns about
reports that terrorists may have been seeking licenses to drive
trucks carrying hazardous materials. For example, on October 4,
2001, a Federal grand jury in Pittsburgh, PA, indicted 16
people on charges of fraudulently obtaining commercial driver's
licenses, including licenses to haul hazardous materials. In
September 2001, the Federal Bureau of Investigation (FBI)
arrested Nabil Al-Marabh, linked to an associate of Osama bin
Laden, who possessed a commercial driver's license with a
hazardous material endorsement issued by the State of Michigan.
That license, issued on September 11, 2000, allowed Mr. Al-
Marabh to operate vehicles weighing 10,000 pounds or more.
While the Committee generally supports the intent of section
1012, there are many concerns about its interpretation and
implementation. For example, the provisions of section 1012
should amend chapter 313 of title 49 of the United States Code
rather than chapter 51. Chapter 313 sets forth Federal
requirements for State issuance of Commercial Driver's Licenses
(CDLs), while chapter 51 sets forth hazardous materials
transportation requirementsacross the modes. In addition,
section 1012 does not identify the type or quantity of hazardous
materials being transported that would require the driver to submit to
a background check. The Committee believes the requirement should be
limited to drivers carrying substances for which DOT requires
placarding or which are on the Centers for Disease Control list of
select agents. Because of the ambiguities of section 1012, the DOT
initiated a rulemaking to clarify the requirements for background
checks; however, at the time this report was filed, the rulemaking had
not yet been finalized.
Background check requirements are not uncommon in the
transportation industry. Passed on November 16, 1990, the
Aviation Security Improvement Act of 1990, Public Law 101-604,
required the Administrator of the Federal Aviation
Administration to issue regulations for employment screening
and, if deemed necessary, background checks for positions with
access to security-sensitive areas of airports or airplanes.
Further, on November 19, 2001, the Aviation Security Act,
Public Law 107-71, mandated background checks for all airline
and airport employees, including contract employees, who have
access to secure areas of airports. S. 1214, the Port and
Maritime Security Act, which was unanimously approved by the
Senate on December 20, 2001, also would require background
checks for port employees with access to secure areas.
HAZARDOUS MATERIALS TRANSPORTATION
Railroads, highways, and marine vessels carry 800,000
shipments of hazardous materials each day and more than 4
billion tons per year. Experts note that transportation of
hazardous materials presents significant safety and security
risks. The extent of these systems, consisting of millions of
miles of rail, highway, coastal and inland maritime, and oil
and gas pipeline networks, make these systems difficult to
fully safeguard.
Trucks transport the majority of hazardous materials
shipments, although the tonnage transported is equally divided
between truck and rail. The trucking industry employs more than
9 million commercial drivers, one-third of whom have CDLs with
hazardous materials endorsements. The types of vehicles
carrying hazardous materials on the nation's highways range
from cargo tank trucks to conventional tractor-trailers and
flatbeds that carry large portable tank containers.
The DOT's Research and Special Programs Administration (RSPA)
sets regulations for commercially-transported hazardous
materials. The Secretary of Transportation determines what
substances are considered to be hazardous, and classifies them
according to the different dangers they present. However, the
1,000 pages of Federal Hazardous Materials Transportation
Regulations were designed primarily to promote safety during
transportation--not to ensure security and reduce risks from
terrorist attacks.
Companies transporting hazardous materials must register with
the DOT annually. The registration process involves a simple
registration form and the payment of a fee, and does not
require any licensing or approvals. Companies transporting
hazardous materials are responsible for knowing and following
the law, including the proper labeling, storage, and securing
of hazardous materials. Companies transporting explosives are
required to provide additional information, including
submitting shipping routes for materials after they have been
transported. Nuclear waste transport triggers additional United
States Department of Energy safety requirements.
In 2000, there were 17,347 hazardous materials incidents
related to transportation in the United States: 1,419 via air
transportation; 14,861 via highway transportation; 1,052 via
railway transportation; and 15 via water transportation. These
incidents mostly involved minor releases of chemicals; 244
incidents caused injuries, and 13 caused fatalities (12 via
highway transportation and 1 via railway transportation).
COMMERCIAL DRIVER'S LICENSE STANDARDS
The Commercial Motor Vehicle Safety Act of 1986, Public Law
99-570, established minimum national standards that States must
meet when licensing commercial motor vehicle (CMV) drivers, and
penalizes those States that do not adhere to the minimum
standards by withholding Federal highway funds. The Act made it
illegal for a commercial motor vehicle operator to hold more
than one driver's license and required States to adopt testing
and licensing standards for truck and bus drivers to check a
person's ability to operate the intended type of vehicle. It is
important to note that the Act does not require operators to
obtain a separate Federal license; it required States to
upgrade their existing testing and licensing programs where
necessary to conform with the Federal minimum standards. The
Federal Motor Carrier Safety Administration (FMCSA) is
responsible for monitoring State compliance with the Federal
CDL requirements and to take enforcement action when a State is
found to be not in compliance.
Under the Federal minimum standards, a CDL applicant must
pass a 50-question general knowledge test on operating a
commercial motor vehicle and pass a three-part skills test that
includes pre-trip inspection, off-road vehicle control
maneuvers, such as alley docking and parallel parking, and road
maneuvers in actual traffic conditions. An applicant who wishes
to haul radioactive and other hazardous materials also must
pass a specialized knowledge test to obtain a hazardous
materials endorsement.
Until the passage of the USA PATRIOT Act, there were no
Federal employment or criminal background checks required of
drivers seeking a license and endorsement to transport
hazardous materials. The drivers of hazardous materials are
required to know what type of substances they are hauling and
to properly placard their CMV.
FEDERAL ACTIONS TO HEIGHTEN SECURITY OF MOTOR CARRIERS
To address ground transportation vulnerabilities following
September 11, numerous Federal efforts have been initiated. DOT
has asked the domestic transportation industry to remain at a
heightened state of alert and to implement security measures
commensurate with this level of security. As reported by
Admiral James W. Underwood who testified at the Subcommittee
hearing on railroad and maritime security on October 2, 2001,
DOT's Office of Intelligence and Security is monitoring threats
to transportation. TheFBI has warned representatives at
industrial facilities, particularly those that manufacture, distribute,
transport or store hazardous materials, that they should be especially
vigilant. The FBI is coordinating a formal threat assessment with the
DOT.
On September 26, 2001, the FMSCA ordered State directors to
visit carriers that transport hazardous materials. According to
an FMSCA memo to State directors dated September 26, 2001,
these ``security sensitivity visits'' were intended to
``heighten the sensitivity of carriers to be alert for
suspicious behaviors from drivers, shippers, consignees, or the
public and to report threats to proper authorities.'' The State
directors also were directed to contact State trucking
associations involved in the transport of hazardous materials
to emphasize the ``need to heighten security awareness.''
BORDER ISSUES
Federal and State agents at Mexican and Canadian border
crossings are responsible for monitoring hazardous materials
on, and the safety of, motor vehicles entering the United
States. Law enforcement, intelligence, customs, truck safety,
and immigration functions all converge at these border
crossings. To stop hazardous materials that could be used as
weapons to commit acts of terrorism, border agents not only
need information from United States law enforcement and
intelligence agencies about specific threats, but also
immigration and intelligence information regarding unsafe and
potentially dangerous drivers, whether they have poor driving
records or a background of criminal or terrorist activities. A
coordinated sharing of information and responsibilities at the
border is one of the keys to both stopping terrorism and making
sure foreign trucks are safe for American roads.
The Committee believes it is important to apply standards
equally to all CMV drivers carrying hazardous materials in the
United States. Therefore, drivers licensed in Canada or Mexico
who carry hazardous materials into and through the United
States would be required to submit to similar background
checks.
Legislative History
On October 10, 2001, the Subcommittee held a hearing on bus
and truck safety and hazardous materials licensing. The hearing
was chaired by Senator Breaux. The following witnesses
testified: Joseph Clapp, Administrator, FMCSA; Ellen Engleman,
Administrator, RSPA; Duane W. Acklie, Chairman of the Board,
American Trucking Associations; Peter Pantuso, President and
CEO, American Bus Associations; Keith Gleason, Director,
Tankhaul Division, International Brotherhood of Teamsters;
Lieutenant Paul Sullivan, Massachusetts State Police,
Commercial Vehicle Enforcement Division; and Joan Claybrook,
President, Public Citizen, and Program Co-chair, Advocates for
Highway and Auto Safety.
On October 26, 2001, the USA PATRIOT Act (P.L. 107-56) was
signed into law. Section 1012 enacts 49 U.S.C. 5103a, which
limits the issuance of hazardous materials endorsements to
instances where the Secretary of Transportation has certified
that the applicant is not a security risk. It requires the
States to request a background check from the AG, which
consists of a check of the relevant criminal history databases;
in the case of an alien, the status of the alien under the
immigration laws of the United States; and as appropriate, a
check of the relevant international databaes through Interpol-
United States National Central Bureau. It expands the
definition of hazardous materials to include chemical and
biological materials and agents, and authorizes the Secretary
of the Transportation to require the States to report relevant
related information. Section 1012 also amends 49 U.S.C. 31305
with respect to the minimum standards for commercial motor
vehicle operator fitness to include a determination under
section 5103a that the applicant does not pose a security risk.
On November 30, 2001, Senators Ernest Hollings, John McCain,
John Breaux, and Gordon Smith introduced S. 1750 to help
improve upon the implementation requirements of the USA PATRIOT
Act with respect to background checks for commercial truck
drivers transporting hazardous materials. S. 1750 assumes
continuation of the basic framework of section 1012, but
provides additional direction to the DOT regarding standards,
requirements, and rulemakings.
On April 18, 2002, the Committee met in executive session and
ordered S. 1750 reported with an amendment in the nature of a
substitute. This amendment provided technical changes to
clarify the intent of the USA PATRIOT Act, including provisions
maintaining the confidentiality of records, provisions
delineating the authority of the Secretary of Transportation to
issue an interim final rule on conducting background checks for
commercial drivers, and provisions authorizing DOT to assess
the risks associated with motor carrier transportation and to
carry out research and testing of devices to increase security
of hazardous shipments.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 20, 2002.
Hon. Ernest F. Hollings,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1750, Hazmat
Endorsement Requirements Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Julie
Middleton (for federal costs) and Susan Sieg Tompkins (for the
state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
Congressional Budget Office Cost Estimate
S. 1750--Hazmat Endorsement Requirements Act
S. 1750 would authorize the Secretary of Transportation to
assess security risks associated with motor carrier
transportation of hazardous materials and to research the
feasibility of requiring hazardous materials transporters to
install security devices. Based on information from the
Department of Transportation, CBO estimates that implementing
S. 1750 would cost $2 million over the 2002-2007 period,
assuming appropriation of the necessary funds.
In addition, S. 1750 would clarify provisions of the USA
PATRIOT Act (Public Law 107-56) that prohibits states from
issuing licenses for the transportation of hazardous materials
unless the Department of Transportation determines that the
applicant does not pose a security risk. S. 1750 would
establish specific criteria to judge who may be a security risk
and it would define hazardous materials under the USA PATRIOT
Act. CBO estimates that these clarifications to current law
would have no significant impact on the federal budget.
CBO estimates that implementing S. 1750 would increase
revenues and direct spending by less than $500,000 a year
because the act would establish new criminal penalties for
obtaining fraudulent commercial driver's licenses. Criminal
fines are recorded in the federal budget as governmental
receipts (revenues). Criminal fines are then deposited in the
Crime Victims Funds and are available to be spent without
further appropriations in the following year. Because the bill
could affect revenues and direct spending, pay-as-you-go
procedures would apply; but CBO expects that any additional
receipts and direct spending resulting from this bill would be
negligible because of the small number of cases involved.
S. 1750 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The hazardous materials provisions of the USA PATRIOT Act could
impose significant costs on states to upgrade their information
management systems to track the results of criminal background
checks. Based on information from state motor vehicle
administrators, initial costs for all states could range from
$25 million to $60 million, depending on how the final
regulations are written by the Department of Transportation.
While S. 1750 would provide more detail about how the original
USA PATRIOT Act requirements would be carried out, it would not
place any additional requirements on states. Any costs states
incur are the result of enactment of the USA PATRIOT Act, not
S. 1750.
The CBO staff contacts for this estimate are Julie
Middleton (for federal costs) and Susan Sieg Tompkins (for the
state and local impact). This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Because S. 1750 does not create any new programs in addition
to section 1012 of the USA PATRIOT Act, the legislation would
have no additional regulatory impact, and would result in no
additional reporting requirements. The legislation would have
no further effect on the number or types of individuals and
businesses regulated, the economic impact of such regulation,
the personal privacy of affected individuals, or the paperwork
required from such individuals and businesses.
Summary of Major Provisions
S. 1750 would set forth Federal requirements for State
issuance of CDLs with hazardous materials endorsements;
establish offenses that would disqualify drivers, similar to
those for aviation employees; clarify the definition of
hazardous materials; authorize the Secretary of Transportation
to provide a waiver for State compliance if a background check
for renewal of a hazardous materials endorsement cannot be
completed in a timely manner through no fault of the applicant;
provide for due process in the event that a driver is denied an
endorsement; require that Canadian and Mexican commercial
drivers carrying hazardous materials in the United States be
subjected to a similar background check; establish penalties
for issuing fraudulent CDLs or endorsements; and require the
Secretary of Transportation to assess the security risks
associated with the transportation of hazardous materials and
various security and technological means to reduce the risks of
transporting such materials.
Section-by-Section Analysis
Section 1. Short title
This section provides that the bill may be cited as the
``Hazmat Endorsement Requirements Act.''
Section 2. Limitation on Issuance of Hazardous Materials Endorsements
Section 2 would correct the Commercial Driver's License (CDL)
provisions of section 1012 of the USA PATRIOT Act which amended
chapter 51 of title 49, United States Code, which sets forth
hazardous materials transport requirements for all modes of
transportation. The section would instead amend chapter 313 of
title 49, United States Code, which sets forth Federal
requirements for State issuance of CDLs, to establish a new
section 31318 captioned ``Issuance, renewal, upgrade, transfer,
periodic check of hazardous materials licenses.''
This section would set State requirements for the issuance of
hazardous materials endorsements, as follows: (1) a State may
not issue, renew, upgrade, or transfer a hazardous materials
endorsement for a CDL unless the Secretary of Transportation
has determined that the individual does not pose a security
risk warranting denial of the endorsement; (2) each State is to
implement a program under which a background records check is
requested whenever a CDL with a hazardous materials endorsement
is to be issued, renewed, upgraded or transferred; and (3)
under regulations to be prescribed by the Secretary, States
would also be required to periodically conduct background
checks on other holders of CDLs with a hazardous materials
endorsement.
This section would establish conditions for a driver's
disqualification. Under this section, an individual may not be
denied a hazardous materials endorsement for a commercial
driver's license unless the Secretary determines that, during
the past 10 years, the applicant was convicted, or found not
guilty by reason of insanity, of an offense described in
section 44936 (b)(1)(B) of title 49 United States Code, (which
are the same offenses that would disqualify aviation
employees), offenses described in 18 U.S.C. 175b(b)(2), or
denied admission to the United States or removed from the
United States under clauses of the Immigration and Nationality
Act. Under this section, the Secretary would be required to
consider circumstances or other factors of any disqualifying
act or offense that may indicate an applicant does not pose a
security risk by holding a hazardous materials endorsement.
This section would further direct the Secretary to establish an
appeals process for applicants who are denied a hazardous
materials endorsement. The appeals process would include notice
of the reason for denial and the opportunity for a hearing.
To issue a hazardous materials endorsement, the States would
be required to request that the AG conduct a background check
on the applicant. Under this section, the AG would conduct the
background check, and, upon completion, notify the Secretary of
Transportation of the results. The Secretary of Transportation
would make a determination regarding disqualifying acts and
offenses as described above and notify the State. The AG would
be authorized to take appropriate criminal enforcement action
based on information developed or obtained while conducting the
background check. The background checks would involve review of
relevant criminal, immigration, and international databases. If
a background check for renewal of a hazardous materials
endorsement cannot be completed in a timely manner through no
fault of the applicant, the Secretary would be permitted to
provide a waiver for State compliance and the individual could
continue to hold a hazardous materials endorsement until the
new background check is completed.
Under this section, States would be required to provide
timely information to the Secretary of Transportation about
individuals holding hazardous materials endorsements.
Information collected about individuals must remain
confidential and may not be made available through the Freedom
of Information Act.
This section would define ``hazardous materials'' as
substances or materials designated as hazardous by DOT under 49
U.S.C. 5103 or as those which require placarding. Hazardous
materials would also include substances or materials designated
by the Secretary for purposes of this Act, including a
substance or material on the CDC list of select agents.
Security checks would be performed only on drivers of trucks
hauling hazardous materials.
States failing to comply with the provisions of this Act
would be subject to withholding of Federal highway funds.
However, no enforcement action would be taken against a State
for noncompliance with this Act prior to the effective date of
the interim final rule prescribed by the Secretary of
Transportation. The Secretary of Transportation would be
directed to issue an interim final rule within 90 days after
the date of enactment of this legislation.
Section 3. Prohibition on Operating Without Proper Hazardous Materials
Endorsement or License
Section 3 would provide that no individual may operate a
commercial motor vehicle transporting a hazardous material in
commerce in the United States without a hazardous materials
endorsement issued by a State. Under this section, a hazardous
materials endorsement or license issued by the government of
Canada or Mexico, or a political subdivision, must provide for
a background check that is the same as, or substantially
similar to, the background check required under the terms of
this Act. The Secretary of Transportation would be directed, by
regulation, to prescribe penalties for violation of this
section.
Section 4. Penalties For Issuing Fraudulent CDLs or Endorsements
Section 4 would provide that any person who knowingly issues,
obtains, or facilitates the issuance, renewal, upgrade,
transfer, or acquisition of a commercial driver's license or a
hazardous materials endorsement, or attempts to do so, is
guilty of a Class E felony punishable by a fine, imprisonment,
or both as provided in Title 18 of the United States Code.
Section 5. Motor Carrier Security Report
Section 5 would provide that the Secretary of Transportation
is to assess the security risks associated with motor carrier
transportation, the transportation of hazardous materials, and
various security and technological means to reduce the risks of
its transport. The assessment is to include a review of any
actions taken by the public and private sectors to address
hazardous materials security issues. The Secretary would be
required to consult with operators, drivers, safety advocates,
public safety officials, and the Transportation Research Board
of the National Academy of Sciences. Further, the Secretary
would be required, within 180 days of enactment of this Act, to
submit a report to Congress, in both classified and redacted
forms, with its assessment and proposals for providing Federal
financial or technical support to assist carriers and shippers
in addressing the risks of terrorism.
Section 6. Study
Section 6 would direct that the Secretary of Transportation
to conduct a study using FY 2003 funds appropriated pursuant to
the authority of section 5001(a)(5) of the Transportation
Equity Act for the 21st Century, Public Law 105-178, to
determine the effectiveness of installing ignition- or engine-
locking devices, silent alarms, or satellite technology in
vehicles transporting hazardous materials. The Secretary would
be authorized to conduct a pilot program to assess such
devices.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49. TRANSPORTATION
SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL
[Sec. 5103a. Limitation on issuance of hazardous materials licenses
[(a) Limitation.--
[(1) Issuance of licenses.--A State may not issue to
any individual a license to operate a motor vehicle
transporting in commerce a hazardous material unless
the Secretary of Transportation has first determined,
upon receipt of a notification under subsection
(c)(1)(B), that the individual does not pose a security
risk warranting denial of the license.
[(2) Renewals included.--For the purposes of this
section, the term ``issue'', with respect to a license,
includes renewal of the license.
[(b) Hazardous Materials Described.--The limitation in
subsection (a) shall apply with respect to--
[(1) any material defined as a hazardous material by
the Secretary of Transportation; and
[(2) any chemical or biological material or agent
determined by the Secretary of Health and Human
Services or the Attorney General as being a threat to
the national security of the United States.
[(c) Background Records Check.--
[(1) In general. Upon the request of a State
regarding issuance of a license described in subsection
(a)(1) to an individual, the Attorney General--
[(A) shall carry out a background records
check regarding the individual; and
[(B) upon completing the background records
check, shall notify the Secretary of
Transportation of the completion and results of
the background records check.
[(2) Scope.--A background records check regarding an
individual under this subsection shall consist of the
following:
[(A) A check of the relevant criminal history
data bases.
[(B) In the case of an alien, a check of the
relevant data bases to determine the status of
the alien under the immigration laws of the
United States.
[(C) As appropriate, a check of the relevant
international data bases through Interpol-U.S.
National Central Bureau or other appropriate
means.
[(d) Reporting Requirement.--Each State shall submit to the
Secretary of Transportation, at such time and in such manner as
the Secretary may prescribe, the name, address, and such other
information as the Secretary may require, concerning--
[(1) each alien to whom the State issues a license
described in subsection (a); and
[(2) each other individual to whom such a license is
issued, as the Secretary may require.
[(e) Alien Defined.--In this section, the term ``alien'' has
the meaning given the term in section 101(a)(3) of the
Immigration and Nationality Act.]
* * * * * * *
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART B. COMMERCIAL
CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS
Sec. 31305. General driver fitness and testing
(a) Minimum Standards for Testing and Fitness.--The Secretary
of Transportation shall prescribe regulations on minimum
standards for testing and ensuring the fitness of an individual
operating a commercial motor vehicle. The regulations--
(1) shall prescribe minimum standards for written and
driving tests of an individual operating a commercial
motor vehicle;
(2) shall require an individual who operates or will
operate a commercial motor vehicle to take a driving
test in a vehicle representative of the type of vehicle
the individual operates or will operate;
(3) shall prescribe minimum testing standards for the
operation of a commercial motor vehicle and may
prescribe different minimum testing standards for
different classes of commercial motor vehicles;
(4) shall ensure that an individual taking the tests
has a working knowledge of--
(A) regulations on the safe operation of a
commercial motor vehicle prescribed by the
Secretary and contained in title 49, Code of
Federal Regulations; and
(B) safety systems of the vehicle;
(5) shall ensure that an individual who operates or
will operate a commercial motor vehicle carrying a
hazardous material--
(A) is qualified to operate the vehicle under
regulations on motor vehicle transportation of
hazardous material prescribed under chapter 51
of this title;
(B) has a working knowledge of--
(i) those regulations;
(ii) the handling of hazardous
material;
(iii) the operation of emergency
equipment used in response to
emergencies arising out of the
transportation of hazardous material;
and
(iv) appropriate response procedures
to follow in those emergencies; and
(C) is licensed by a State to operate the
vehicle after having first been determined
under [section 5103a] section 31318 of this
title as not posing a security risk warranting
denial of the license.
(6) shall establish minimum scores for passing the
tests;
(7) shall ensure that an individual taking the tests
is qualified to operate a commercial motor vehicle
under regulations prescribed by the Secretary and
contained in title 49, Code of Federal Regulations, to
the extent the regulations apply to the individual; and
(8) may require--
(A) issuance of a certification of fitness to
operate a commercial motor vehicle to an
individual passing the tests; and
(B) the individual to have a copy of the
certification in the individual's possession
when the individual is operating a commercial
motor vehicle.
(b) Requirements for Operating Vehicles.--
(1) Except as provided in paragraph (2) of this
subsection, an individual may operate a commercial
motor vehicle only if the individual has passed written
and driving tests that meet the minimum standards
prescribed by the Secretary under subsection (a) of
this section to operate the vehicle and has a
commercial driver's license to operate the vehicle.
(2) The Secretary may prescribe regulations providing
that an individual may operate a commercial motor
vehicle for not more than 90 days if the individual--
(A) passes a driving test for operating a
commercial motor vehicle that meets the minimum
standards prescribed under subsection (a) of
this section; and
(B) has a driver's license that is not
suspended, revoked, or canceled.
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART B. COMMERCIAL
CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS
Sec. 31311. Requirements for State participation
(a) General.--To avoid having amounts withheld from
apportionment under section 31314 of this title, a State shall
comply with the following requirements:
(1) The State shall adopt and carry out a program for
testing and ensuring the fitness of individuals to
operate commercial motor vehicles consistent with the
minimum standards prescribed by the Secretary of
Transportation under section 31305(a) of this title.
(2) The State may issue a commercial driver's license
to an individual only if the individual passes written
and driving tests for the operation of a commercial
motor vehicle that comply with the minimum standards.
(3) The State shall have in effect and enforce a law
providing that an individual with a blood alcohol
concentration level at or above the level established
by section 31310(a) of this title when operating a
commercial motor vehicle is deemed to be driving under
the influence of alcohol.
(4) The State shall authorize an individual to
operate a commercial motor vehicle only by issuing a
commercial driver's license containing the information
described in section 31308(3) of this title.
(5) At least 60 days before issuing a commercial
driver's license (or a shorter period the Secretary
prescribes by regulation), the State shall notify the
Secretary or the operator of the information system
under section 31309 of this title, as the case may be,
of the proposed issuance of the license and other
information the Secretary may require to ensure
identification of the individual applying for the
license.
(6) Before issuing a commercial driver's license to
an individual or renewing such a license, the State
shall request from any other State that has issued a
driver's license to the individual all information
about the driving record of the individual.
(7) Not later than 30 days after issuing a commercial
driver's license, the State shall notify the Secretary
or the operator of the information system under section
31309 of this title, as the case may be, of the
issuance.
(8) Not later than 10 days after disqualifying the
holder of a commercial driver's license from operating
a commercial motor vehicle (or after revoking,
suspending, or canceling the license) for at least 60
days, the State shall notify the Secretary or the
operator of the information system under section 31309
of this title, as the case may be, and the State that
issued the license, of the disqualification,
revocation, suspension, or cancellation, and the
violation that resulted in the disqualification,
revocation, suspension, or cancellation shall be
recorded.
(9) If an individual violates a State or local law on
motor vehicle traffic control (except a parking
violation) and the individual--
(A) has a commercial driver's license issued
by another State; or
(B) is operating a commercial vehicle without
a commercial driver's license and has a
driver's license issued by another State, the
State in which the violation occurred shall
notify a State official designated by the
issuing State of the violations not later than
10 days after the date the individual is found
to have committed the violation.
(10)(A) The State may not issue a commercial driver's
license to an individual during a period in which the
individual is disqualified from operating a commercial
motor vehicle or the individual's driver's license is
revoked, suspended, or canceled.
(B) The State may not issue a special license or
permit (including a provisional or temporary license)
to an individual who holds a commercial driver's
license that permits the individual to drive a
commercial motor vehicle during a period in which--
(i) the individual is disqualified from
operating a commercial motor vehicle; or
(ii) the individual's driver's license is
revoked, suspended, or canceled.
(11) The State may issue a commercial driver's
license to an individual who has a commercial driver's
license issued by another State only if the individual
first returns the driver's license issued by the other
State.
(12) The State may issue a commercial driver's
license only to an individual who operates or will
operate a commercial motor vehicle and is domiciled in
the State, except that, under regulations the Secretary
shall prescribe, the State may issue a commercial
driver's license to an individual who operates or will
operate a commercial motor vehicle and is not domiciled
in a State that issues commercial drivers' licenses.
(13) The State shall impose penalties consistent with
this chapter that the State considers appropriate and
the Secretary approves for an individual operating a
commercial motor vehicle.
(14) The State shall allow an individual to operate a
commercial motor vehicle in the State if--
(A) the individual has a commercial driver's
license issued by another State under the
minimum standards prescribed by the Secretary
under section 31305(a) of this title;
(B) the license is not revoked, suspended, or
canceled; and
(C) the individual is not disqualified from
operating a commercial motor vehicle.
(15) The State shall disqualify an individual from
operating a commercial motor vehicle for the same
reasons and time periods for which the Secretary shall
disqualify the individual under subsections (b)-(e),
(g)(1)(A), and (g)(2) of section 31310.
(16)(A) Before issuing a commercial driver's license
to an individual, the State shall request the Secretary
for information from the National Driver Register
maintained under chapter 303 of this title (after the
Secretary decides the Register is operational) on
whether the individual--
(i) has been disqualified from operating a
motor vehicle (except a commercial motor
vehicle);
(ii) has had a license (except a license
authorizing the individual to operate a
commercial motor vehicle) revoked, suspended,
or canceled for cause in the 3-year period
ending on the date of application for the
commercial driver's license; or
(iii) has been convicted of an offense
specified in section 30304(a)(3) of this title.
(B) The State shall give full weight and
consideration to that information in deciding whether
to issue the individual a commercial driver's license.
(17) The State shall adopt and enforce regulations
prescribed by the Secretary under section 31310(h) of
this title.
(18) The State shall maintain, as part of its driver
information system, a record of each violation of a
State or local motor vehicle traffic control law while
operating a motor vehicle (except a parking violation)
for each individual who holds a commercial driver's
license. The record shall be available upon request to
the individual, the Secretary, employers, prospective
employers, State licensing and law enforcement
agencies, and their authorized agents.
(19) The State shall--
(A) record in the driving record of an
individual who has a commercial driver's
license issued by the State; and
(B) make available to all authorized persons
and governmental entities having access to such
record, all information the State receives
under paragraph (9) with respect to the
individual and every violation by the
individual involving a motor vehicle (including
a commercial motor vehicle) of a State or local
law on traffic control (except a parking
violation), not later than 10 days after the
date of receipt of such information or the date
of such violation, as the case may be. The
State may not allow information regarding such
violations to be withheld or masked in any way
from the record of an individual possessing a
commercial driver's license.
(20) The State shall revoke, suspend, or cancel the
commercial driver's license of an individual in
accordance with regulations issued by the Secretary to
carry out section 31310(g).
(21) The State shall comply with the requirements of
section 31318.
(b) State Satisfaction of Requirements.--A State may satisfy
the requirements of subsection (a) of this section that the
State disqualify an individual from operating a commercial
motor vehicle by revoking, suspending, or canceling the
driver's license issued to the individual.
(c) Notification.--Not later than 30 days after being
notified by a State of the proposed issuance of a commercial
driver's license to an individual, the Secretary or the
operator of the information system under section 31309 of this
title, as the case may be, shall notify the State whether the
individual has a commercial driver's license issued by another
State or has been disqualified from operating a commercial
motor vehicle by another State or the Secretary.
Sec. 31318. Issuance, renewal, upgrade, transfer, and periodic check of
hazardous materials endorsements
(a) In General.--A State may not issue, renew, upgrade, or
transfer a hazardous materials endorsement for a commercial
driver's license to any individual authorizing that individual
to operate a commercial motor vehicle transporting a hazardous
material in commerce unless the Secretary of Transportation has
determined that the individual does not pose a security risk
warranting denial of the endorsement. Each State shall
implement a program under which a background records check is
requested--
(1) whenever a commercial driver's license with a
hazardous materials endorsement is to be issued,
renewed, upgraded, or transferred; and
(2) periodically (as prescribed by the Secretary by
regulations) for all other individuals holding a
commercial driver's license with a hazardous materials
endorsement.
(b) Determination of Security Risk.--
(1) In general.--An otherwise qualified individual
may not be denied a hazardous materials endorsement for
a commercial driver's license under subsection (a)
unless the Secretary determines that individual--
(A) in the 10-year period ending on the date
of the application for a background
investigation, was convicted (or found not
guilty by reason of insanity) of an offense
described in section 44936(b)(1)(B) of this
title (disregarding the matter in clause
(xiv)(IX) after ``1 year,'');
(B) is described in section 175b(b)(2) of
title 18, United States Code; or
(C) may be denied admission to the United
States or removed from the United States under
subclause (IV), (VI), or (VII) of section
212(a)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)).
(2) Mitigating circumstances.--In making a
determination under paragraph (1), the Secretary shall
give consideration to the circumstances of any
disqualifying act or offense, restitution made by the
individual, Federal and State mitigation remedies, and
other factors from which it may be reasonably concluded
that the individual does not pose a security risk
warranting denial of the endorsement.
(3) Appeals process.--The Secretary shall establish
an appeals process under this section for individuals
found to be ineligible for a hazardous materials
endorsement for a commercial driver's license that
includes notice and an opportunity for a hearing.
(c) Background Records Check.--
(1) In general.--Upon the request of a State
regarding issuance of a hazardous materials endorsement
for a commercial driver's license to an individual, the
Attorney General shall--
(A) conduct a background records check
regarding the individual;
(B) take appropriate criminal enforcement
action required by information developed or
obtained in the course of the background check;
and
(C) upon completing the background records
check, notify the Secretary of Transportation
of the completion and results of the background
records check.
(2) Scope.--A background records check regarding an
individual under this subsection shall consist of the
following:
(A) A check of the relevant criminal history
data bases.
(B) In the case of an alien, a check of the
relevant data bases to determine the status of
the alien under the immigration laws of the
United States.
(C) As appropriate, a check of the relevant
international data bases through Interpol-U.S.
National Central Bureau or other appropriate
means.
(D) Review of any other national security-
related information or data base identified by
the Attorney General for purposes of such a
background records check.
(3) Secretary to notify State.--After making the
determination required by subsection (b)(1), the
Secretary of Transportation shall promptly notify the
State of the determination.
(d) Reporting Requirement.--Each State shall submit to the
Secretary of Transportation, at such time and in such manner as
the Secretary may prescribe, such information as the Secretary
may require, concerning each individual to whom the State
issues a hazardous materials endorsement for a commercial
driver's license.
(e) Restrictions on Use and Maintenance of Information.--
(1) FOIA not to apply.--Information obtained by the
Attorney General or the Secretary of Transportation
under this section may not be made available to the
public under section 552 of title 5, United States
Code.
(2) Confidentiality.--Any information obtained by the
Secretary of Transportation under this section shall be
maintained confidentially by the Secretary and may be
used only for making determinations under this section.
(f) Renewal Waiver for Background Check Delays.--The
Secretary may, in accordance with procedures prescribed by the
Secretary, provide a waiver for State compliance with the
requirements of subsection (a) for renewals to the extent
necessary to avoid the interruption of service by a license
holder while a background check is being completed. The
Secretary may not grant a waiver under this subsection to avoid
interruption of service if the interruption of service would be
due to the license holder's failure to comply with the
licensing renewal requirements or to furnish necessary
documentation in a timely manner.
(g) Definitions.--In this section:
(1) Hazardous materials.--The term ``hazardous
material'' means--
(A) a substance or material designated by the
Secretary under section 5103(a) of this title
for which the Secretary requires placarding of
a commercial motor vehicle transporting it in
commerce; and
(B) a substance or material, including a
substance or material on the Centers for
Disease Control's list of select agents,
designated as a hazardous material by the
Secretary under procedures to be established by
the Secretary for the purposes of this section.
(2) Alien.--The term ``alien'' has the meaning given
the term in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).
Sec. 31319. Prohibition on unauthorized transportation of hazardous
materials
(a) In General.--Notwithstanding any provision of law,
treaty, or international agreement to the contrary, after the
effective date of the interim final rule promulgated by the
Secretary of Transportation under section 2(d)(3) of the Hazmat
Endorsement Requirements Act, no individual may operate a
commercial motor vehicle transporting a hazardous material (as
defined in section 31318(g)) in commerce in the United States
without a hazardous materials endorsement or a license
authorizing that individual to operate a commercial motor
vehicle transporting a hazardous material in commerce--
(1) issued by a State in accordance with the
requirements of section 31318 of this title; or
(2) issued by the government of Canada or Mexico, or
a political subdivision thereof, after a background
check that is the same as, or substantially similar to,
the background check required by section 31318.
(b) Penalty.--The Secretary shall by regulation prescribe the
penalty for violation of subsection (a).
Sec. 31320. Penalty for fraudulent issuance, renewal, upgrade, or
transfer of commercial driver's license
Any person who knowingly issues, obtains, or facilitates the
issuance, renewal, upgrade, transfer, or obtaining of, a
commercial driver's license or an endorsement for a commercial
driver's license, or attempts to do so, knowing the license or
endorsement to have been wrongfully issued or obtained, or
issued, renewed, upgraded, transferred, or obtained through the
submission of false information or the intentional withholding
of required information is guilty of a Class E felony
punishable by a fine, imprisonment, or both as provided in
title 18, United States Code.
USA PATRIOT ACT
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
* * * * * * *
(c) Authorization of Appropriations.--There is authorized to
be appropriated for the Department of Transportation and the
Department of Justice such amounts as may be necessary to carry
out [section 5103a] section 31318 of title 49, United States
Code, as added by subsection (a).