Sec. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES
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## SEC. 1012 LIMITATION ON ISSUANCE OF HAZMAT LICENSES ###
(a)Limitation ####
(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)Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5103 the following new item:" “5103a. Limitation on issuance of hazmat licenses.” ". ###
(b)Regulation of Driver Fitness Section 31305(a)(5) of title 49, United States Code, is amended— ####
(1)by striking “and” at the end of subparagraph (A); ####
(2)by inserting “and” at the end of subparagraph (B); and ####
(3)by adding at the end the following new subparagraph: > > ##### “(C) > > is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.” > . ###
(c)Authorization of Appropriations **[**[49 U.S.C. 5103a note](/us/usc/t49/s5103a)**]** 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).
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Sec. 1012
LIMITATION ON ISSUANCE OF HAZMAT LICENSES
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