§ 5103a. — Limitation on issuance of hazmat licenses.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5103a]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 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.
(Added Pub. L. 107-56, title X, Sec. 1012(a)(1), Oct. 26, 2001, 115
Stat. 396.)
References in Text
Section 101(a)(3) of the Immigration and Nationality Act, referred
to in subsec. (e), is classified to section 1101(a)(3) of Title 8,
Aliens and Nationality.
Authorization of Appropriations
Pub. L. 107-56, title X, Sec. 1012(c), Oct. 26, 2001, 115 Stat. 398,
provided that: ``There is authorized to be appropriated for the
Department of Transportation and the Department of Justice such amounts
as may be necessary to carry out section 5103a of title 49, United
States Code, as added by subsection (a).''
Section Referred to in Other Sections
This section is referred to in section 31305 of this title; title 46
section 70105.
