49 U.S.C. § 5103 — General regulatory authority

Page 195 TITLE 49—TRANSPORTATION § 5103 Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: ‘‘includes an owner-operator of a motor vehicle trans- porting hazardous material in commerce; and’’. Par. (3)(B)(ii). Pub. L. 109–59, § 7102(2)(D)(ii), as amend- ed by Pub. L. 110–244, § 302(a)(1), added cl. (ii) and struck out former cl. (ii) which read as follows: ‘‘manufac- tures, reconditions, or tests containers, drums, and packagings represented as qualified for use in trans- porting hazardous material;’’. Par. (3)(C). Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as (B). Par. (4). Pub. L. 109–59, § 7102(3), amended par. (4) gen- erally. Prior to amendment, par. (4) consisted of sub- pars. (A) to (C), which included within definition of ‘‘hazmat employer’’ a person using at least one em- ployee in connection with transporting or containers for transporting hazardous material, an owner-operator of a motor vehicle transporting hazardous material in commerce, and a department, agency, or instrumen- tality of the United States Government, or an author- ity of a State, political subdivision of a State, or Indian tribe, carrying out certain described activities. Par. (5). Pub. L. 109–59, § 7102(4), inserted ‘‘relating to hazardous material’’ after ‘‘of a condition’’. Par. (7). Pub. L. 109–59, § 7102(5), amended par. (7) gen- erally. Prior to amendment, par. (7) read as follows: ‘‘ ‘motor carrier’ means a motor carrier, motor private carrier, and freight forwarder as those terms are de- fined in section 13102 of this title.’’ Par. (8). Pub. L. 109–59, § 7102(6), substituted ‘‘National Response Team’’ for ‘‘national response team’’ in two places and ‘‘National Contingency Plan’’ for ‘‘national contingency plan’’. Par. (9)(A). Pub. L. 109–59, § 7102(7), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘includes a government, Indian tribe, or au- thority of a government or tribe offering hazardous ma- terial for transportation in commerce or transporting hazardous material to further a commercial enterprise; but’’. Pars. (11) to (14). Pub. L. 109–59, § 7102(8), added par. (11) and redesignated former pars. (11) to (13) as (12) to (14), respectively. 1995—Par. (7). Pub. L. 104–88 substituted ‘‘motor car- rier, motor private’’ for ‘‘motor common carrier, motor contract carrier, motor private’’ and ‘‘section 13102’’ for ‘‘section 10102’’. 1994—Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 sub- stituted ‘‘packagings’’ for ‘‘packages’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day be- fore June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways. § 5103. General regulatory authority (a) DESIGNATING MATERIAL AS HAZARDOUS.— The Secretary shall designate material (includ- ing an explosive, radioactive material, infec- tious substance, flammable or combustible liq- uid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Sec- retary determines that transporting the mate- rial in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property. (b) REGULATIONS FOR SAFE TRANSPORTATION.— (1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations— (A) apply to a person who— (i) transports hazardous material in com- merce; (ii) causes hazardous material to be trans- ported in commerce; (iii) designs, manufactures, fabricates, in- spects, marks, maintains, reconditions, re- pairs, or tests a package, container, or pack- aging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in com- merce; (iv) prepares or accepts hazardous material for transportation in commerce; (v) is responsible for the safety of trans- porting hazardous material in commerce; (vi) certifies compliance with any require- ment under this chapter; or (vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and (B) shall govern safety aspects, including se- curity, of the transportation of hazardous ma- terial the Secretary considers appropriate. (2) A proceeding to prescribe the regulations must be conducted under section 553 of title 5, including an opportunity for informal oral pres- entation. (c) FEDERALLY DECLARED DISASTERS AND EMERGENCIES.— (1) IN GENERAL.—The Secretary may by order waive compliance with any part of an applica- ble standard prescribed under this chapter without prior notice and comment and on terms the Secretary considers appropriate if the Secretary determines that— (A) it is in the public interest to grant the waiver; (B) the waiver is not inconsistent with the safety of transporting hazardous materials; and (C) the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been de- clared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) PERIOD OF WAIVER.—A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiv- er. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter. (3) STATEMENT OF REASONS.—The Secretary shall include in any order issued under this section the reasons for granting the waiver. (d) CONSULTATION.—When prescribing a secu- rity regulation or issuing a security order that affects the safety of the transportation of haz- ardous material, the Secretary of Homeland Se- Page 196 TITLE 49—TRANSPORTATION § 5103 curity shall consult with the Secretary of Trans- portation. (e) BIENNIAL REPORT.—The Secretary of Trans- portation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation a bi- ennial report providing information on whether the Secretary has designated as hazardous mate- rials for purposes of chapter 51 of such title all by-products of the methamphetamine-produc- tion process that are known by the Secretary to pose an unreasonable risk to health and safety or property when transported in commerce in a particular amount and form. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, § 6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, § 1711(a), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 109–59, title VII, §§ 7103, 7126, Aug. 10, 2005, 119 Stat. 1893, 1909; Pub. L. 109–177, title VII, § 741, Mar. 9, 2006, 120 Stat. 272; Pub. L. 114–94, div. A, title VII, § 7201, Dec. 4, 2015, 129 Stat. 1589.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 5103(a) ........ 49 App.:1803. Jan. 3, 1975, Pub. L. 93–633, § 104, 88 Stat. 2156. 5103(b) ........ 49 App.:1804(a) (1)–(3). Jan. 3, 1975, Pub. L. 93–633, § 105(a)(1)–(3), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3247. In subsection (a), the words ‘‘such quantity and form of material’’ and ‘‘in his discretion’’ are omitted as sur- plus. In subsection (b)(1), before clause (A), the words ‘‘in accordance with section 553 of title 5’’ are omitted be- cause 5:553 applies unless otherwise stated. In clause (A)(i), the words ‘‘hazardous material in commerce’’, and in clause (A)(ii), the words ‘‘hazardous material . . . in commerce’’, are added for consistency in this chapter. PUB. L. 103–429 This amends 49:5103(b)(2) to clarify the restatement of 49 App.:1804(a)(2) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761). Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (c)(1)(C), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. AMENDMENTS 2015—Subsecs. (c) to (e). Pub. L. 114–94 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 2006—Subsec. (d). Pub. L. 109–177 added subsec. (d). 2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted ‘‘Secretary shall designate’’ for ‘‘Secretary of Trans- portation shall designate’’. Pub. L. 109–59, § 7103(a), substituted ‘‘infectious sub- stance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material,’’ for ‘‘etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material,’’ and ‘‘determines’’ for ‘‘decides’’. Subsec. (b)(1)(A). Pub. L. 109–59, § 7103(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘apply to a person— ‘‘(i) transporting hazardous material in commerce; ‘‘(ii) causing hazardous material to be transported in commerce; or ‘‘(iii) manufacturing, fabricating, marking, main- taining, reconditioning, repairing, or testing a pack- aging or a container that is represented, marked, cer- tified, or sold by that person as qualified for use in transporting hazardous material in commerce; and’’. Subsec. (b)(1)(C). Pub. L. 109–59, § 7103(c)(1), struck out heading and text of subpar. (C). Text read as follows: ‘‘When prescribing a security regulation or issuing a se- curity order that affects the safety of the transpor- tation of hazardous material, the Secretary of Home- land Security shall consult with the Secretary.’’ Subsec. (c). Pub. L. 109–59, § 7103(c)(2), added subsec. (c). 2002—Subsec. (b)(1). Pub. L. 107–296, § 1711(a)(1), sub- stituted ‘‘transportation, including security,’’ for ‘‘transportation’’ in introductory provisions. Subsec. (b)(1)(B). Pub. L. 107–296, § 1711(a)(2), sub- stituted ‘‘aspects, including security,’’ for ‘‘aspects’’. Subsec. (b)(1)(C). Pub. L. 107–296, § 1711(a)(3), added subpar. (C). 1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted ‘‘a packaging or a’’ for ‘‘a package or’’. Subsec. (b)(2). Pub. L. 103–429 substituted ‘‘be con- ducted under section 553 of title 5, including’’ for ‘‘in- clude’’ and ‘‘presentation’’ for ‘‘presentations’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS Pub. L. 114–94, div. A, title VII, § 7207, Dec. 4, 2015, 129 Stat. 1592, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015], the Comp- troller General of the United States shall evaluate and transmit to the Secretary [of Transportation], the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Com- merce, Science, and Transportation of the Senate, a re- port on the standards, metrics, and protocols that the Secretary uses to regulate the performance of persons approved to recommend hazard classifications pursuant to section 173.56(b) of title 49, Code of Federal Regula- tions (commonly referred to as ‘third-party labs’). ‘‘(b) EVALUATION.—The evaluation required under subsection (a) shall— ‘‘(1) identify what standards and protocols are used to approve such persons, assess the adequacy of such standards and protocols to ensure that persons seek- ing approval are qualified and capable of performing classifications, and make recommendations to ad- dress any deficiencies identified; ‘‘(2) assess the adequacy of the Secretary’s over- sight of persons approved to perform the classifica- Page 197 TITLE 49—TRANSPORTATION § 5103 tions, including the qualification of individuals en- gaged in the oversight of approved persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required; ‘‘(3) identify what standards and protocols exist to rescind, suspend, or deny approval of persons who perform such classifications, assess the adequacy of such standards and protocols, and make recommenda- tions to enhance such standards and protocols if nec- essary; and ‘‘(4) include annual data for fiscal years 2005 through 2015 on the number of applications received for new classifications pursuant to section 173.56(b) of title 49, Code of Federal Regulations, of those appli- cations how many classifications recommended by persons approved by the Secretary were changed to another classification and the reasons for the change, and how many hazardous materials incidents have been attributed to a classification recommended by such approved persons in the United States. ‘‘(c) ACTION PLAN.—Not later than 180 days after re- ceiving the report required under subsection (a), the Secretary shall make available to the public a plan de- scribing any actions the Secretary will take to estab- lish standards, metrics, and protocols based on the findings and recommendations in the report to ensure that persons approved to perform classification exami- nations required under section 173.56(b) of title 49, Code of Federal Regulations, can sufficiently perform such examinations in a manner that meets the hazardous materials regulations. ‘‘(d) REGULATIONS.—If the report required under sub- section (a) recommends new regulations in order for the Secretary to have confidence in the accuracy of classification recommendations rendered by persons approved to perform classification examinations re- quired under section 173.56(b) of title 49, Code of Fed- eral Regulations, the Secretary shall consider such rec- ommendations, and if determined appropriate, issue regulations to address the recommendations not later than 18 months after the date of the publication of the plan under subsection (c).’’ RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION STUDY Pub. L. 110–432, div. A, title IV, § 411, Oct. 16, 2008, 122 Stat. 4888, provided that: ‘‘(a) STUDY.—The Secretary of Transportation shall, in consultation with the Secretary of Energy, the Sec- retary of Labor, the Administrator of the Environ- mental Protection Agency, and the Chairman of the Nuclear Regulatory Commission, as appropriate, con- duct a study of the potential hazards to which employ- ees of railroad carriers and railroad contractors or sub- contractors are exposed during the transportation of high-level radioactive waste and spent nuclear fuel (as defined in section 5101(a) [probably means section 5105(a)] of title 49, United States Code), supplementing the report submitted under section 5101(b) [probably means section 5105(b)] of that title, which may in- clude— ‘‘(1) an analysis of the potential application of ‘as low as reasonably achievable’ principles for exposure to radiation to such employees with an emphasis on the need for special protection from radiation expo- sure for such employees during the first trimester of pregnancy or who are undergoing or have recently undergone radiation therapy; ‘‘(2) the feasibility of requiring real-time dosimetry monitoring for such employees; ‘‘(3) the feasibility of requiring routine radiation exposure monitoring in fixed railroad locations, such as yards and repair facilities; and ‘‘(4) a review of the effectiveness of the Depart- ment’s packaging requirements for radioactive mate- rials. ‘‘(b) REPORT.—Not later than 18 months after the date of enactment of this Act [Oct. 16, 2008], the Secretary of Transportation shall transmit a report on the results of the study required by subsection (a) and any rec- ommendations to further protect employees of a rail- road carrier or of a contractor or subcontractor to a railroad carrier from unsafe exposure to radiation dur- ing the transportation of high-level radioactive waste and spent nuclear fuel to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. ‘‘(c) REGULATORY AUTHORITY.—The Secretary of Transportation may issue regulations that the Sec- retary determines appropriate, pursuant to the report required by subsection (b), to protect railroad employ- ees from unsafe exposure to radiation during the trans- portation of radioactive materials.’’ [For definitions of ‘‘railroad carrier’’, ‘‘Department’’, ‘‘railroad’’, and ‘‘Secretary’’, as used in section 411 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.] SAFE PLACEMENT OF TRAIN CARS Pub. L. 103–311, title I, § 111, Aug. 26, 1994, 108 Stat. 1676, provided that: ‘‘The Secretary of Transportation shall conduct a study of existing practices regarding the placement of cars on trains, with particular atten- tion to the placement of cars that carry hazardous ma- terials. In conducting the study, the Secretary shall consider whether such placement practices increase the risk of derailment, hazardous materials spills, or tank ruptures or have any other adverse effect on safety. The results of the study shall be submitted to Congress within 1 year after the date of enactment of this Act [Aug. 26, 1994].’’ FIBER DRUM PACKAGING Pub. L. 104–88, title IV, § 406, Dec. 29, 1995, 109 Stat. 957, provided that: ‘‘(a) IN GENERAL.—In the administration of chapter 51 of title 49, United States Code, the Secretary of Trans- portation shall issue a final rule within 60 days after the date of the enactment of this Act [Dec. 29, 1995] au- thorizing the continued use of fiber drum packaging with a removable head for the transportation of liquid hazardous materials with respect to those liquid haz- ardous materials transported by such drums pursuant to regulations in effect on September 30, 1991, if— ‘‘(1) the packaging is in compliance with regula- tions of the Secretary under the Hazardous Materials Transportation Act [former 49 U.S.C. 1801 et seq.] as in effect on September 30, 1991; and ‘‘(2) the packaging will not be used for the transpor- tation of hazardous materials that include materials which are poisonous by inhalation or materials in Packing Groups I and II. ‘‘(b) EXPIRATION.—The regulation referred to in sub- section (a) shall expire on the later of September 30, 1997, or the date on which funds are authorized to be ap- propriated to carry out chapter 51 of title 49, United States Code (relating to transportation of hazardous materials), for fiscal years beginning after September 30, 1997. ‘‘(c) STUDY.— ‘‘(1) IN GENERAL.—Within 90 days after the date of the enactment of this Act [Dec. 29, 1995], the Sec- retary shall contract with the National Academy of Sciences to conduct a study— ‘‘(A) to determine whether the requirements of section 5103(b) of title 49, United States Code (relat- ing to regulations for safe transportation), as they pertain to fiber drum packaging with a removable head can be met for the transportation of liquid hazardous materials (with respect to those liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards (including fiber drum industry standards set forth in a June 8, 1992, exemption ap- plication submitted to the Department of Transpor- tation), other than the performance-oriented pack- aging standards adopted under docket number Page 198 TITLE 49—TRANSPORTATION § 5103a 1 So in original. The quotation marks and semicolon probably should not appear. HM–181 contained in part 178 of title 49, Code of Federal Regulations; and ‘‘(B) to determine whether a packaging standard (including such fiber drum industry standards), other than such performance-oriented packaging standards, will provide an equal or greater level of safety for the transportation of liquid hazardous materials than would be provided if such perform- ance-oriented packaging standards were in effect. ‘‘(2) COMPLETION.—The study shall be completed be- fore March 1, 1997 and shall be transmitted to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Transportation and In- frastructure Committee of the House of Representa- tives. ‘‘(d) SECRETARIAL ACTION.—By September 30, 1997, the Secretary shall issue final regulations to determine what standards should apply to fiber drum packaging with a removable head for transportation of liquid haz- ardous materials (with respect to those liquid haz- ardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) after September 30, 1997. In issuing such regulations, the Sec- retary shall give full and substantial consideration to the results of the study conducted in subsection (c).’’ Pub. L. 103–311, title I, § 122, Aug. 26, 1994, 108 Stat. 1681, provided that: ‘‘(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than the 60th day following the date of enactment of this Act [Aug. 26, 1994], the Secretary of Transpor- tation shall initiate a rulemaking proceeding to deter- mine whether the requirements of section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they pertain to open head fiber drum packaging can be met for the domestic transpor- tation of liquid hazardous materials (with respect to those classifications of liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards other than the performance-oriented packaging standards adopted under docket number HM–181 contained in part 178 of title 49, Code of Federal Regulations. ‘‘(b) ISSUANCE OF STANDARDS.—If the Secretary of Transportation determines, as a result of the rule- making proceeding initiated under subsection (a), that a packaging standard other than the performance-ori- ented packaging standards referred to in subsection (a) will provide an equal or greater level of safety for the domestic transportation of liquid hazardous materials than would be provided if such performance-oriented packaging standards were in effect, the Secretary shall issue regulations which implement such other standard and which take effect before October 1, 1996. ‘‘(c) COMPLETION OF RULEMAKING PROCEEDING.—The rulemaking proceeding initiated under subsection (a) shall be completed before October 1, 1995. ‘‘(d) LIMITATIONS.— ‘‘(1) The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous ma- terials regulated by the Department of Transpor- tation as poisonous by inhalation under chapter 51 of title 49, United States Code. ‘‘(2) Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international trans- portation of hazardous materials.’’ § 5103a. Limitation on issuance of hazmat li- censes (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 Secu- rity’’; 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 (B) the individual holds a valid transpor- tation security card issued under section 70105 of title 46. (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 re- spect to any material defined as hazardous ma- terial by the Secretary of Transportation for which the Secretary of Transportation requires placarding of a commercial motor vehicle trans- porting that material in commerce. (c) RECOMMENDATIONS ON CHEMICAL AND BIO- LOGICAL MATERIALS.—The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or bi- ological material or agent for regulation as a hazardous material under section 5103(a) if the Secretary of Health and Human Services deter- mines that such material or agent poses a sig- nificant 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 sub- section (a)(1)(A) 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 Homeland Security of the completion and results of the background records check. (2) SCOPE.—A background records check re- garding an individual under this subsection shall consist of the following: (A) A check of the relevant criminal his- tory 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. (e) REPORTING REQUIREMENT.—Each State shall submit to the Secretary of Homeland Secu- rity, at such time and in such manner as the Secretary of Homeland Security may prescribe, the name, address, and such other information as the Secretary of Homeland Security may re- quire, concerning— (1) each alien to whom the State issues a li- cense described in subsection (a); and (2) each other individual to whom such a li- cense is issued, as the Secretary of Homeland Security may require. (f) ALIEN DEFINED.—In this section, the term ‘‘alien’’ has the meaning given the term in sec- tion 101(a)(3) of the Immigration and Nation- ality Act. (g) BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS MATERIALS.— (1) IN GENERAL.— (A) EMPLOYER NOTIFICATION.—Not later than 90 days after the date of enactment of