American Machining,Inc. Federal Regulations

Hazardous Material Drivers Required to Pass Background Checks

As part of its Hazmat Threat Assessment Program, the Transportation Security Administration (TSA) now requires the collection of biographical information and fingerprints from applicants who wish to obtain a new Hazardous Materials Endorsement (HME) on their state-issued Commercial Driver's License (CDL). This requirement became effective for new HME applicants on January 31, 2005 . Individuals who wish to renew or transfer an existing HME may begin submitting biographical information and fingerprints with their HME application as early as March 31, 2005 , but this information will be required as of May 31, 2005 .

TSA implemented the Hazmat Threat Assessment Program to meet the requirements of the USA PATRIOT Act , which prohibits states from issuing a Hazmat endorsement on a CDL without first determining whether or not an individual seeking to transport hazardous materials poses a security risk. TSA requires commercial drivers who seek to apply for, renew, or transfer an HME on their state-issued CDL to undergo a security threat assessment, which includes a fingerprint-based FBI criminal history records check, an intelligence-related check, and immigration status verification.

Under the rules governing the Hazmat Threat Assessment Program, an applicant is disqualified from holding an HME if he or she was convicted* or found not guilty by reason of insanity within the past seven years, was released from prison within the past five years, or is wanted or under indictment, for any of the following crimes:

Assault with intent to murder
Kidnapping or hostage taking
Rape or aggravated sexual abuse
Extortion
Robbery
Arson
Bribery
Smuggling
Immigration violations
RICO violations
Distribution of, possession with intent to distribute, or importation of a controlled substance ("simple possession" of a controlled substance without an intent to distribute is not considered disqualifying)
Dishonesty, fraud, or misrepresentation, including identity fraud (e.g., felony-level embezzlement, tax evasion, perjury, and false statements to the Federal government)
Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in firearms or other weapons
Conspiracy or attempt to commit any of these crimes

An applicant will be permanently disqualified from holding a HME if he or she was ever convicted* or found not guilty by reason of insanity of any of the following crimes:

Murder
Terrorism
Espionage
Sedition
Treason
Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
RICO violations (if the crime underlying the RICO conviction is on the list of permanently disqualifying crimes)
A crime involving a transportation security incident (i.e., security incident involving a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area)
Improper transportation of a hazardous material (minor infractions involving transportation of hazardous materials will not disqualify a driver; for instance, no driver will be disqualified for minor roadside infractions or placarding violations)
Conspiracy or attempt to commit any of these crimes

* Convicted means any plea of guilty or nolo contendere or any finding of guilt.

Note: Any current Hazmat driver who has a disqualifying offense prohibiting the holding of a HME must immediately surrender the HME to the State Department of Motor Vehicles.

Waiver and Appeal Process

Individuals who undergo a TSA security threat assessment and receive notification that they are disqualified from holding an HME may appeal the TSA’s determination, or under some circumstances, request a waiver.

Drivers and operators with questions about the waiver or appeal process may contact hazmatwaiver@dhs.gov

Drivers and operators with questions about the Patriot Act may contact TSA at:patriotact@dhs.gov

Other contact information:

TSA HAZMAT Office – (571) 227-3200
TSA Media Contact – (571) 227-2829
TSA Contact Center – (866) 289-9673