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<PRE>[DOCID: f:s1557is.txt]






107th CONGRESS
  1st Session
                                S. 1557

  To amend title 49, United States Code, to prohibit the operation of 
motor vehicles transporting hazardous material by persons not subjected 
         to a background investigation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2001

   Ms. Snowe introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to prohibit the operation of 
motor vehicles transporting hazardous material by persons not subjected 
         to a background investigation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BACKGROUND INVESTIGATIONS OF PERSONS TRANSPORTING HAZARDOUS 
              MATERIAL IN COMMERCE.

    (a) Prohibition.--
            (1) In general.--Chapter 51 of title 49, United States 
        Code, is amended by inserting after section 5106 the following 
        new section:
``Sec. 5106a. Background investigation of drivers of motor vehicles 
              transporting hazardous material in commerce
    ``(a) Prohibition.--No person operating as a motor carrier may 
permit a person to operate for the motor carrier a motor vehicle 
transporting hazardous material in commerce unless a background 
investigation of that person has been completed in accordance with 
regulations prescribed under subsection (b).
    ``(b) Regulations.--
            ``(1) Requirement for regulations.--
                    ``(A) In general.--The Secretary of Transportation 
                shall prescribe regulations to enforce subsection (a).
                    ``(B) Consultation requirement.--The Secretary 
                shall consult with the Attorney General in prescribing 
                the regulations.
            ``(2) Investigation procedures.--The regulations shall set 
        forth the procedures for a background investigation, together 
        with the content of the investigation.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 5106 the following new item:

``5106a. Background investigation of drivers of motor vehicles 
                            transporting hazardous material in 
                            commerce.''.
    (b) Regulations.--
            (1) Time for issuance.--The Secretary of Transportation 
        shall issue the final regulations under section 5106a of title 
        49, United States Code (as added by subsection (a)), not later 
        than 180 days after the date of the enactment of this Act.
            (2) Sense of congress regarding content of regulations.--It 
        is the sense of Congress that the regulations should provide 
        for an investigation under section 5106a of title 49, United 
        States Code (as added by subsection (a)), to include the 
        following:
                    (A) Submittal of fingerprints and photographs.
                    (B) Review and comparison of law enforcement 
                databases, intelligence databases, and criminal 
                records.
                    (C) Review of Immigration and Naturalization 
                Service records.
    (c) Effective Date.--Section 5103a of title 49, United States Code 
(as added by subsection (a)), shall take effect 180 days after the date 
of the enactment of this Act.
                                 &lt;all&gt;

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