49 USC 5103 - Limitation on issuance of hazmat licenses

1 So in original. The quotation marks and semicolon probably should not appear.

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

2 So in original. Comma probably should appear after “applicant”.

served on the applicant 

Editorial Notes

References in Text

With respect to a “transportation security card issued under section 70105 of title 46”, referred to in subsec. (a)(1)(B), amendments made by Puspan. L. 117–263 to section 70105 of Title 46, Shipping, are such that section 70105 now refers to “transportation worker identification credential” rather than “transportation security card”. See section 70105 of Title 46.

Section 101(a)(3) of the Immigration and Nationality Act, referred to in subsec. (f), is classified to section 1101(a)(3) of Title 8, Aliens and Nationality.

The date of enactment of this subsection, referred to in subsecs. (g) and (h), is the date of enactment of Puspan. L. 109–59, which was approved Aug. 10, 2005.

Amendments

2018—Subsec. (a)(1). Puspan. 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).

Subsec. (d)(1). Puspan. L. 115–254, § 1978(span), substituted “under subsection (a)(1)(A)” for “described in subsection (a)(1)” in introductory provisions.

2008—Subsec. (g)(1)(B)(ii). Puspan. L. 110–244 substituted “subsection” for “Act”.

2007—Subsec. (a)(1). Puspan. L. 110–53, § 1556(a)(1), substituted “Secretary of Homeland Security” for “Secretary”.

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

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

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

2005—Subsec. (a)(1). Puspan. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

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

Subsec. (span). Puspan. 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”.

Subsec. (c). Puspan. L. 109–59, § 7104(span)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 109–59, § 7104(span)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

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

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

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

Subsec. (f). Puspan. L. 109–59, § 7104(span)(1), redesignated subsec. (e) as (f).

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

Statutory Notes and Related Subsidiaries

Authorization of Appropriations

Puspan. L. 107–56, title X, § 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).”