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6 U.S.C. § 1206 — Use of transportation security card in hazmat licensing

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1206 — Use of transportation security card in hazmat licensing

(1) **Background check** — An individual who has a valid transportation employee identification card issued by the Secretary under [section 70105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70105&num=0&edition=prelim) shall be deemed to have met the background records check required under [section 5103a of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103a&num=0&edition=prelim). (2) **State review** — Nothing in this section prevents or preempts a State from conducting a criminal records check of an individual that has applied for a license to operate a motor vehicle transporting in commerce a hazardous material.

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Stable record: federal_law:legal_authorities:record_usc_93e5d9b3382a5002782e5868
Source file: Laws/federal/codes/united-states-code/title-6/section-1206-use-of-transportation-security-card-in-hazmat-licensing--235791e921.md
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Passage SHA-256: 9386542688bca146ac7c21110e470c0222952080f2e7ff9fee8294ba594cec43

Source location: Title 6, Chapter 4, § 1206; chapter-004-transportation-security.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70105 — Transportation worker identification credentials

**(a) Prohibition.—** (1) The Secretary shall prescribe regulations to prevent an individual from entering an area of a vessel or facility that is designated as a secure area by the Secretary for purposes of a security plan for the vessel or facility that is approved by the Secretary under [section 70103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim) unless the individual— (A) holds a transportation worker identification credential issued under this section and is authorized to be in the area in accordance with the plan; or (B) is accompanied by another individual who holds a transportation worker identification credential issued under this section and is authorized to be in the area in accordance with the plan. (2) A person shall not admit an individual into such a secure area unless the entry of the individual into the area is in compliance with paragraph (1). **(b) Issuance of Credentials.—** (1) The Secretary shall issue a biometric transportation worker identification credential to an individual specified in paragraph (2), unless the Secretary determines under subsection (c) that the individual poses a security risk warranting denial of the credential. (2) This subsection applies to— (A) an individual allowed unescorted access to a secure area designated in a vessel or facility security plan approved under [section 70103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim); (B) an individual issued a license, certificate of registry, or merchant mariners document under part E of subtitle II of this title allowed unescorted access to a secure area designated in a vessel security plan approved under [section 70103

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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— (A) “the Secretary of Homeland Security”; 11 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 (B) the individual holds a valid transportation security card issued under [section 70105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70105&num=0&edition=prelim). (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 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. **(c) Recommendations on Chemical and Biological Materials.—** 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. **(d) Background Records Check.—** (1) **In general.—** — Upon the request of a State regarding issuance of a license under subsection (a)(1)(A) to an individual, the Attorney General— (A) shall carry out a background records check regarding the

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1206 — Use of transportation security card in

Page 489 TITLE 6—DOMESTIC SECURITY § 1207 1 See References in Text note below. the hazardous material safety and security operational field test released by the Federal Motor Carrier Safety Administration on No- vember 11, 2004; and (C) evaluate— (i) any new information related to the costs and benefits of deploying, equipping, and utilizing tracking technology, includ- ing portable tracking technology, for motor carriers transporting security-sen- sitive materials not included in the haz- ardous material safety and security oper- ational field test report released by the Federal Motor Carrier Safety Administra- tion on November 11, 2004; (ii) the ability of tracking technology to resist tampering and disabling; (iii) the capability of tracking tech- nology to collect, display, and store infor- mation regarding the movement of ship- ments of security-sensitive materials by commercial motor vehicles; (iv) the appropriate range of contact in- tervals between the tracking technology and a commercial motor vehicle trans- porting security-sensitive materials; (v) technology that allows the installa- tion by a motor carrier of concealed elec- tronic devices on commercial motor vehi- cles that can be activated by law enforce- ment authorities to disable the vehicle or alert emergency response resources to lo- cate and recover security-sensitive mate- rials in the event of loss or theft of such materials; (vi) whether installation of the tech- nology described in clause (v) should be in- corporated into the program under para- graph (1); (vii) the costs, benefits, and practicality of such technology described in clause (v) in the context of the overall benefit to na- tional security, including commerce in transportation; and (viii) other systems and infor

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