Hazardous Materials Endorsement Fingerprint-Based Background Checks

Hazardous Materials Endorsement
Fingerprint-Based Background Checks

Under the provisions of the USA Patriot Act (Public Law 107-56, Section 1012), rules of the federal Transportation Security Administration (TSA) (49 CFR Part 1572) and the Federal Motor Carrier Safety Administration (FMCSA) (49 CFR Part 383.71(a)(9), the Department of Motor Vehicles may not issue a hazardous materials endorsement (HME) until the applicant has first submitted to a fingerprint-based background check. TSA must determine that the applicant does not pose a security threat before the endorsement can be issued.

Question: When will fingerprinting start in Iowa?

Answer: No person applying for a first-time or new HME on or after January 31, 2005, may be issued a HME until the background check is completed. Beginning May 31, 2005, the fingerprint-based background check will also apply to commercial drivers as they renew or transfer the HME.

Question: What will the Iowa procedure be?

Answer: The applicant must appear at a DOT-operated driver's license station in one of the following communities:

Ames, Burlington, Carroll, Cedar Rapids, Clinton, Council Bluffs, Davenport, Des Moines, Dubuque, Fort Dodge, Iowa City, Marshalltown, Mason City, Muscatine, Ottumwa, Sioux City, Spencer, Waterloo.

There is a requirement to certify citizenship, so the applicant must bring one of following:

Certified copy of a United States birth certificate that is government-issued.
United States passport.
Certification of Birth Abroad issued by the United States Department of State (Form FS-545 or DS 1350)
Certificate of Naturalization (Form N-550 or N-570).
Certificate of US Citizenship (Form N-560 or N-561).

If not a United States citizen, the applicant must bring one of the following:

Permanent Resident Card (Form I-551).
Temporary I-551 stamp in a foreign passport.
Temporary I-551 stamp on Form I-94 (Arrival/Departure Record) with photograph of the bearer.
Reentry Permit (Form I-327).

The results of the background check will be reported back to the Iowa DOT via the Commercial Drivers License Information System (CDLIS). Therefore, if the applicant does not have a current CDL, a Commercial Driver License Instruction Permit or CDL without a HME must be issued. This will allow entry into CDLIS.

The HME knowledge examination must be successfully passed.

A federally mandated application from must be filled out which includes standard demographic data and information about military service (including discharge date), citizenship, current/previous addresses, employment; as well as answering questions about involvement in criminal activities. This application requires a live signature.

The applicant will then be referred to a county sheriff for fingerprinting. Not all sheriff offices will be involved. Currently those involved are in the following counties: Allamakee, Black Hawk, Carroll, Cerro Gordo, Clay, Clinton, Des Moines, Dubuque, Johnson, Linn, Marshall, Muscatine, Polk, Scott, Wapello.. Fingerprints will also be taken at the Iowa Division of Criminal Investigation's (DCI) office in Des Moines and the Ankeny Police Department.

Question: What will the cost be?

Answer: The applicant must pay for the fingerprinting. The Iowa DOT must collect $58 for the security threat assessment and forward the fees to the federal agencies. The sheriff or DCI will collect an additional fee at the time of fingerprinting to cover their costs. They will establish their own fee.

The sheriff must then forward the fingerprints to the Iowa DCI who will forward them to the Criminal Justice Information System (CJIS). The FBI administers CJIS.

Question: Can an applicant be fingerprinted before filling out the application, passing the knowledge examination and paying the fees at the driver's license station?

Answer: No.

Question: How will applicants know when the process is complete?

Answer: TSA will mail them a notice. The sheriff/DCI will not get the results, so applicants should not contact the sheriff/DCI for results.

Drivers should make sure that the DOT has their current address. If an address has changed, there are two options:

Appearing in person at any Iowa driver's license station. A new license with the updated address will be issued for $1.00.

Report the address change in writing by mail or FAX. The written notification must include full name, driver's license number, new address and signature. A new driver's license will not be issued. However, the DOT's records will be updated. Send a written notification to:

Office of Driver Services
Iowa Dept of Transportation
P.O. Box 9204
Des Moines, IA 50306-9204
FAX: 515-239-1837

Question: How often must the background check be done?

Answer: At least every five years.

Question: If TSA declares that a driver is a security risk, is that driver prevented from having a CDL?

Answer: No. He/she is prevented from having a HME.

Question: Where can one find additional information including a list of the HME disqualifying crimes?

Answer: www.tsa.gov (search word: HAZMAT).