To direct the Secretary of Transportation to establish and carry out a hazardous materials cooperative research program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hazardous Materials Cooperative 
Research Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    Congress finds the following:
            (1) There are more than 1,000,000 shipments per day in the 
        United States of materials identified as hazardous by the 
        Department of Transportation. These shipments are estimated to 
        total 2,100,000,000 tons of hazardous cargo per year and to 
        comprise more than 18 percent of the total freight tonnage 
        moved in the United States annually.
            (2) Hazardous materials are shipped by all transportation 
        modes, and it is estimated that there are currently 400,000 
        large trucks, 115,000 railroad tank cars, and 3,000 tank barges 
        dedicated to the shipment of hazardous materials.
            (3) More than a dozen Federal agencies have regulatory, 
        enforcement, and operational responsibilities for ensuring the 
        safety and security of hazardous materials shipments. In 
        addition, a variety of State and local agencies have 
        responsibility for developing and enforcing State-level 
        regulations and for responding to incidents involving hazardous 
        materials.
            (4) Decisions regarding the packaging and routing of 
        hazardous materials shipments, the development and 
        implementation of procedures to ensure both the safety and 
        security of such shipments, and the regulation of hazardous 
        materials shipments are made by industry groups and government 
        entities at a variety of levels and in all modal 
        administrations of the Department of Transportation on a daily 
        basis.
            (5) The Federal agencies involved in the regulation and 
        oversight of hazardous materials shipments, as well as State 
        and local governments, carriers, shippers, and other groups, 
        conduct on-going research on the transportation of hazardous 
        materials. However, much of this research is program or mode-
        specific and as such is focused on addressing only the 
        regulatory, inspection, enforcement, or operational needs of 
        the group undertaking the research.
            (6) There is a documented need for the establishment of a 
        cooperative research program that will engage all modes and 
        actors, both public and private, involved in the transportation 
        of hazardous materials in conducting cross-cutting assessments 
        of hazardous materials transportation issues that are national 
        and multi-modal in scope and application.

SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish 
and carry out a hazardous materials cooperative research program in 
accordance with the requirements of this section.
    (b) Governing Board.--The Secretary shall establish an independent 
governing board to select projects and studies to be carried out under 
the hazardous materials cooperative research program. The governing 
board shall be comprised of one voting representative from each of the 
following:
            (1) The Federal Aviation Administration.
            (2) The Federal Motor Carrier Administration.
            (3) The Federal Transit Administration.
            (4) The Federal Railroad Administration.
            (5) The Maritime Administration.
            (6) The Research and Innovative Technology Administration.
            (7) The Pipeline and Hazardous Materials Safety 
        Administration.
            (8) The Department of Homeland Security.
            (9) The Department of Energy.
            (10) The Environmental Protection Agency.
            (11) A State department of transportation.
            (12) A State emergency management agency.
            (13) A nonprofit organization representing emergency 
        responders.
            (14) A hazmat employer.
            (15) A nonprofit organization representing hazmat 
        employees.
            (16) A labor union representing members involved in 
        shipping hazardous materials.
            (17) A hazardous materials manufacturer.
            (18) An organization representing the hazardous materials 
        manufacturing industry.
            (19) A research university or research institution.
            (20) Additional representatives as the Secretary considers 
        appropriate.
    (c) Research Studies.--Under the cooperative research program, the 
governing board shall select cooperative research studies of hazardous 
materials transportation that are cross-cutting in nature and that 
consider issues not adequately addressed by existing Federal or private 
sector research programs. Priority shall be given to research studies 
that will yield results immediately applicable to risk analysis and 
mitigation or that will strengthen the ability of first responders to 
respond to incidents and accidents involving transportation of 
hazardous materials.
    (d) Implementation.--The Secretary shall make grants to, and enter 
a cooperative agreement with, the National Academy of Sciences to carry 
out projects and studies under the cooperative research program.
    (e) Definitions.--In this section, the terms ``hazmat employer'' 
and ``hazmat employee'' have the meanings given those terms in section 
5102 of title 49, United States Code.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2010 through 2013. Such sums shall remain available until 
expended.

Summary: Hazardous Materials Cooperative Research Act of 2009 - Directs the Secretary of Transportation to establish: (1) a hazardous materials cooperative research program. And (2) an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.