[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1569 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1569

  To amend title 49, United States Code, to regulate the issuance of 
licenses to operate motor vehicles transporting hazardous material, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 18, 2001

   Mr. Hatch introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to regulate the issuance of 
licenses to operate motor vehicles transporting hazardous material, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TITLE.

    This Act shall be titled ``The Hazardous Material in Transportation 
Protection Act of 2001''.

SEC. 2. 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:
``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.''.
            (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.--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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