49 U.S.C. § 5103a: Limitation on issuance of hazmat licenses

“the Secretary of Homeland Security”; 1 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; or 1 So in original. The quotation marks and semicolon probably should not appear. the individual holds a valid transportation security card issued under section 70105 of title 46 . For the purposes of this section, the term “issue”, with respect to a license, includes renewal of the license. The limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for which the Secretary of Transportation requires placarding of a commercial motor vehicle transporting that material in commerce. 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. shall carry out a background records check regarding the individual; and upon completing the background records check, shall notify the Secretary of Homeland Security of the completion and results of the background records check. A check of the relevant criminal history data bases. 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. As appropriate, a check of the relevant international data bases through Interpol–U.S. National Central Bureau or other appropriate means. each alien to whom the State issues a license described in subsection (a); and each other individual to whom such a license is issued, as the Secretary of Homeland Security may require. In this section, the term “alien” has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act. such notification is appropriate considering the potential security implications; and the Director, in a final notification of threat assessment, 2 served on the applicant 2 So in original. Comma probably should appear after “applicant”. 2 determines that the applicant does not meet the standards set forth in regulations issued to carry out this section. has performed a security threat assessment under this section; and has issued a final notification of no security threat, 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 subsection, 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. 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. 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 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. 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. 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. 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. 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 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. 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. 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. In this subsection, the term “commercial motor vehicle” has the meaning given that term by section 31101.