§ 5103a. Limitation on issuance of hazmat licenses

Footnotes

1. 1 So in original. The quotation marks and semicolon probably should not appear.
2. 2 So in original. Comma probably should appear after “applicant”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 title X § 1012(a)(1) · 115 Stat. 272

   Enacted · 49 U.S.C. § 5103a

   Added Pub. L. 107–56, title X, § 1012(a)(1), Oct. 26, 2001, 115 Stat. 396

   Source evidence

   Code source credit
   Added Pub. L. 107–56, title X, § 1012(a)(1), Oct. 26, 2001, 115 Stat. 396

   Enacted provision · exact public law section
   (1) In general.— Chapter 51 of title 49, United States Code, is amended by inserting after section 5103 the following new 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 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”.

2. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7126 · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5103a(a)(1)

   Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

   Enacted provision · exact public law section
   SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

3. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7104(c) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5103a(a)(1)

   Pub. L. 109–59, § 7104(c), substituted “subsection (d)(1)(B),” for “subsection (c)(1)(B),”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–59, § 7104(c), substituted “subsection (d)(1)(B),” for “subsection (c)(1)(B),”.

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Section 5103a(a)(1) is amended by striking “subsection (c)(1)(B),” and inserting “subsection (d)(1)(B),”.

4. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7104(a) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5103a(b)

   Pub. L. 109–59, § 7104(a), substituted “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” for “with respect to—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–59, § 7104(a), substituted “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” for “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”.

   Enacted provision · exact public law section
   (a) Covered Hazardous Materials.— Section 5103a(b) is amended by striking “with respect to—” and all that follows and inserting “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.”.

5. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7104(b)(2) · 119 Stat. 1144

   Redesignated · 49 U.S.C. § 5103a(c)

   Pub. L. 109–59, § 7104(b)(2), added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–59, § 7104(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (2) by inserting after subsection (b) the following: “(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.” .

6. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7104(b)(1) · 119 Stat. 1144

   Redesignated · 49 U.S.C. § 5103a(d)

   Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

7. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7126 · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5103a(d)(1)(B)

   Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

   Enacted provision · exact public law section
   SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

8. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7126 · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5103a(e)

   Pub. L. 109–59, § 7126, substituted “submit to the Secretary” for “submit to the Secretary of Transportation” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–59, § 7126, substituted “submit to the Secretary” for “submit to the Secretary of Transportation” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

9. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7104(b)(1) · 119 Stat. 1144

   Redesignated · 49 U.S.C. § 5103a(e)

   Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

10. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7104(b)(1) · 119 Stat. 1144

    Redesignated · 49 U.S.C. § 5103a(f)

    Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (e) as (f).

    Enacted provision · exact public law section
    (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

11. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7105 · 119 Stat. 1144

    Added · 49 U.S.C. § 5103a(g); 49 U.S.C. § 5103a(h)

    Pub. L. 109–59, § 7105, added subsecs. (g) and (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 109–59, § 7105, added subsecs. (g) and (h).

    Enacted provision · exact public law section
    SEC. 7105. BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS MATERIALS.   Section 5103a is further amended by adding at the end the following: “(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, served on the applicant 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. Deadline. 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.” .

12. 2007

    Pub. L. 110–53 § 1556(a)(1) · 121 Stat. 266

    Substituted · 49 U.S.C. § 5103a(a)(1)

    Pub. L. 110–53, § 1556(a)(1), substituted “Secretary of Homeland Security” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–53, § 1556(a)(1), substituted “Secretary of Homeland Security” for “Secretary”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1) by striking “Secretary” and inserting “Secretary of Homeland Security”;

13. 2007

    Pub. L. 110–53 § 1556(a)(2) · 121 Stat. 266

    Substituted · 49 U.S.C. § 5103a(b)

    Pub. L. 110–53, § 1556(a)(2), substituted “Secretary of Transportation” for “Secretary” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–53, § 1556(a)(2), substituted “Secretary of Transportation” for “Secretary” in two places.

    Enacted provision · exact public law section
    (2) in subsection (b) by striking “Secretary” each place it appears and inserting “Secretary of Transportation”;

14. 2007

    Pub. L. 110–53 § 1556(a)(3) · 121 Stat. 266

    Substituted · 49 U.S.C. § 5103a(d)(1)(B)

    Pub. L. 110–53, § 1556(a)(3), substituted “Secretary of Homeland Security” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B). Pub. L. 110–53, § 1556(a)(3), substituted “Secretary of Homeland Security” for “Secretary”.

    Enacted provision · exact public law section
    (3) in subsection (d)(1)(B) by striking “Secretary” and inserting “Secretary of Homeland Security”; and

15. 2007

    Pub. L. 110–53 § 1556(a)(4) · 121 Stat. 266

    Substituted · 49 U.S.C. § 5103a(e)

    Pub. L. 110–53, § 1556(a)(4), substituted “Secretary of Homeland Security” for “Secretary” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–53, § 1556(a)(4), substituted “Secretary of Homeland Security” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (4) in subsection (e) by striking “Secretary” and inserting “Secretary of Homeland Security” each place it appears.

16. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 title III § 302(b) · 122 Stat. 1572

    Substituted · 49 U.S.C. § 5103a(g)(1)(B)(ii)

    Pub. L. 110–244 substituted “subsection” for “Act”

    Source evidence

    Code amendment note
    Subsec. (g)(1)(B)(ii). Pub. L. 110–244 substituted “subsection” for “Act”.

    Enacted provision · exact public law section
    (b) Technical Correction.— Section 5103a(g)(1)(B)(ii) of title 49, United States Code, is amended by striking “Act” and inserting “subsection”.

17. 2018

    TSA Modernization Act

    Pub. L. 115–254 § 1978(a) · 132 Stat. 3187

    1. Substituted · 49 U.S.C. § 5103a(a)(1)

       Pub. L. 115–254, § 1978(a), substituted “unless—” for “unless” “; or” for period at end

    2. Substituted · 49 U.S.C. § 5103a(a)(1)

       Pub. L. 115–254, § 1978(a), substituted “(A) ‘the Secretary of Homeland Security’;” for “the Secretary of Homeland Security” “; or” for period at end

    3. Added · 49 U.S.C. § 5103a(a)(1)

       Pub. L. 115–254, § 1978(a), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–254, § 1978(a), substituted “unless—” for “unless”, “(A) ‘the Secretary of Homeland Security’;” for “the Secretary of Homeland Security”, and “; or” for period at end and added subpar. (B).

    Enacted provision · exact public law section
    (a) Issuance of Licenses.— Section 5103a(a)(1) is amended— (1) by striking “unless” and inserting “unless—”; (2) by striking “the Secretary of Homeland Security” and inserting the following: “(A) “the Secretary of Homeland Security”;” ; (3) in subparagraph (A), as designated by paragraph (2) of this subsection, by striking the period at the end and inserting “; or”; and (4) by adding at the end the following: “(B) the individual holds a valid transportation security card issued under section 70105 of title 46.” .

18. 2018

    TSA Modernization Act

    Pub. L. 115–254 § 1978(b) · 132 Stat. 3187

    Substituted · 49 U.S.C. § 5103a(d)(1)

    Pub. L. 115–254, § 1978(b), substituted “under subsection (a)(1)(A)” for “described in subsection (a)(1)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 115–254, § 1978(b), substituted “under subsection (a)(1)(A)” for “described in subsection (a)(1)” in introductory provisions.

    Enacted provision · exact public law section
    (b) Transportation Security Card.— Section 5103a(d)(1) is amended, in the matter preceding subparagraph (A), by striking “described in subsection (a)(1)” and inserting “under subsection (a)(1)(A)”.

20 of 20 references resolved to an enrolled provision