49 U.S.C. § 5103a : US Code - Section 5103A: Limitation on issuance of hazmat licenses

Search 49 U.S.C. § 5103a : US Code - Section 5103A: Limitation on issuance of hazmat 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 has first
determined, upon receipt of a notification under subsection
(d)(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 any material defined as hazardous
material by the Secretary for which the Secretary requires
placarding of a commercial motor vehicle transporting that material
in commerce.
(c) Recommendations on Chemical and Biological Materials. - The
Secretary of Health and Human Services shall recommend to the
Secretary of Transportation any chemical or biological material or
agent for regulation as a hazardous material under section 5103(a)
if the Secretary of Health and Human Services determines that such
material or agent poses a significant risk to the health of
individuals.
(d) 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 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.
(e) Reporting Requirement. - Each State shall submit to the
Secretary, 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.
(f) 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.
(g) Background Checks for Drivers Hauling Hazardous Materials. -
(1) In general. -
(A) Employer notification. - Not later than 90 days after the
date of enactment of this subsection, the Director of the
Transportation Security Administration, after receiving
comments from interested parties, shall develop and implement a
process for notifying hazmat employers designated by an
applicant of the results of the applicant's background record
check, if -
(i) such notification is appropriate considering the
potential security implications; and
(ii) the Director, in a final notification of threat
assessment,(!1) served on the applicant (!1) determines that
the applicant does not meet the standards set forth in
regulations issued to carry out this section.
(B) Relationship to other background records checks. -
(i) Elimination of redundant checks. - An individual with
respect to whom the Transportation Security Administration -
(I) has performed a security threat assessment under this
section; and
(II) has issued a final notification of no security
threat,
is deemed to have met the requirements of any other
background check that is required for purposes of any Federal
law applicable to transportation workers if that background
check is equivalent to, or less stringent than, the
background check required under this section.
(ii) Determination by director. - Not later than 60 days
after the date of issuance of the report under paragraph (5),
but no later than 120 days after the date of enactment of
this Act, the Director shall initiate a rulemaking
proceeding, including notice and opportunity for comment, to
determine which background checks required for purposes of
Federal laws applicable to transportation workers are
equivalent to, or less stringent than, those required under
this section.
(iii) Future rulemakings. - The Director shall make a
determination under the criteria established under clause
(ii) with respect to any rulemaking proceeding to establish
or modify required background checks for transportation
workers initiated after the date of enactment of this
subsection.
(2) Appeals process for more stringent state procedures. - If a
State establishes its own standards for applicants for a
hazardous materials endorsement to a commercial driver's license,
the State shall also provide -
(A) an appeals process similar to and to the same extent as
the process provided under part 1572 of title 49, Code of
Federal Regulations, by which an applicant denied a hazardous
materials endorsement to a commercial driver's license by that
State may appeal that denial; and
(B) a waiver process similar to and to the same extent as the
process provided under part 1572 of title 49, Code of Federal
Regulations, by which an applicant denied a hazardous materials
endorsement to a commercial driver's license by that State may
apply for a waiver.
(3) Clarification of term defined in regulations. - The term
"transportation security incident", as defined in part 1572 of
title 49, Code of Federal Regulations, does not include a work
stoppage or other nonviolent employee-related action resulting
from an employer-employee dispute. Not later than 30 days after
the date of enactment of this subsection, the Director shall
modify the definition of that term to reflect the preceding
sentence.
(4) Background check capacity. - Not later than October 1,
2005, the Director shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Homeland Security of the
House of Representatives a report on the implementation of
fingerprint-based security threat assessments and the adequacy of
fingerprinting locations, personnel, and resources to accomplish
the timely processing of fingerprint-based security threat
assessments for individuals holding commercial driver's licenses
who are applying to renew hazardous materials endorsements.
(5) Report. -
(A) In general. - Not later than 60 days after the date of
enactment of this subsection, the Director shall transmit to
the committees referred to in paragraph (4) a report on the
Director's plans to reduce or eliminate redundant background
checks for holders of hazardous materials endorsements
performed under this section.
(B) Contents. - The report shall -
(i) include a list of background checks and other security
or threat assessment requirements applicable to
transportation workers under Federal laws for which the
Department of Homeland Security is responsible and the
process by which the Secretary of Homeland Security will
determine whether such checks or assessments are equivalent
to, or less stringent than, the background check performed
under this section; and
(ii) provide an analysis of how the Director plans to
reduce or eliminate redundant background checks in a manner
that will continue to ensure the highest level of safety and
security.
(h) Commercial Motor Vehicle Operators Registered to Operate in
Mexico or Canada. -
(1) In general. - Beginning on the date that is 6 months after
the date of enactment of this subsection, a commercial motor
vehicle operator registered to operate in Mexico or Canada shall
not operate a commercial motor vehicle transporting a hazardous
material in commerce in the United States until the operator has
undergone a background records check similar to the background
records check required for commercial motor vehicle operators
licensed in the United States to transport hazardous materials in
commerce.
(2) Extension. - The Director of the Transportation Security
Administration may extend the deadline established by paragraph
(1) for a period not to exceed 6 months if the Director
determines that such an extension is necessary.
(3) Commercial motor vehicle defined. - In this subsection, the
term "commercial motor vehicle" has the meaning given that term
by section 31101.