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(5) RESPONSE COVERAGE.—The purpose of at
least one of the studies to be conducted under the re-
search program shall be to provide an assessment of
the quality of response coverage for hazardous mate-
rials incidents, including cost-effective strategies for
improving response capabilities and making rec-
ommendations on systematic approaches that could be
used to allocate government funding to enhance re-
sponse capability.
(e) IMPLEMENTATION.—The Secretary of Transpor-
tation shall make grants to, and enter a cooperative agree-
ment with, the National Academy of Sciences to carry out
activities under this Act.
(f) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit a report
to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on the
effectiveness of the program in meeting the needs of govern-
ment and the private sector for cooperative research on haz-
ardous materials transportation.
(g) DEFINITIONS.—In this section, the terms ‘hazmat
employer’ and ‘hazmat employee’ have the meaning given
those terms in section 5102 of title 49, United States Code.
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CHAPTER 3—SANITARY FOOD
TRANSPORTATION
SEC. 7381. SHORT TITLE.
This chapter may be cited as the ‘‘Sanitary Food
Transportation Act of 2005’’.
SEC. 7382. RESPONSIBILITIES OF THE SECRETARY OF
HEALTH AND HUMAN SERVICES.
(a) UNSANITARY TRANSPORT DEEMED ADULTERA-
TION.—Section 402 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 342) is amended by adding at the
end the following:
‘‘(i) NONCOMPLIANCE WITH SANITARY TRANSPOR-
TATION PRACTICES.—If the food is transported under con-
ditions that are not in compliance with the sanitary trans-
portation practices prescribed by the Secretary under sec-
tion 416.’’.
(b) SANITARY TRANSPORTATION REQUIREMENTS.—
Chapter IV of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341 et seq.) is amended by adding at the end
the following:
‘‘SEC. 416. SANITARY TRANSPORTATION PRACTICES.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BULK VEHICLE.—The term ‘bulk vehicle’ in-
cludes a tank truck, hopper truck, rail tank car, hop-
per car, cargo tank, portable tank, freight container,
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or hopper bin, and any other vehicle in which food
is shipped in bulk, with the food coming into direct
contact with the vehicle.
‘‘(2) TRANSPORTATION.—The term ‘transpor-
tation’ means any movement in commerce by motor
vehicle or rail vehicle.
‘‘(b) REGULATIONS.—The Secretary shall by regula-
tion require shippers, carriers by motor vehicle or rail vehi-
cle, receivers, and other persons engaged in the transpor-
tation of food to use sanitary transportation practices pre-
scribed by the Secretary to ensure that food is not trans-
ported under conditions that may render the food adulter-
ated.
‘‘(c) CONTENTS.—The regulations shall—
‘‘(1) prescribe such practices as the Secretary de-
termines to be appropriate relating to—
‘‘(A) sanitation;
‘‘(B) packaging, isolation, and other protec-
tive measures;
‘‘(C) limitations on the use of vehicles;
‘‘(D) information to be disclosed—
‘‘(i) to a carrier by a person arranging
for the transport of food; and
‘‘(ii) to a manufacturer or other person
that—
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‘‘(I) arranges for the transpor-
tation of food by a carrier; or
‘‘(II) furnishes a tank vehicle or
bulk vehicle for the transportation of
food; and
‘‘(E) recordkeeping; and
‘‘(2) include—
‘‘(A) a list of nonfood products that the Sec-
retary determines may, if shipped in a bulk ve-
hicle, render adulterated food that is subse-
quently transported in the same vehicle; and
‘‘(B) a list of nonfood products that the Sec-
retary determines may, if shipped in a motor ve-
hicle or rail vehicle (other than a tank vehicle or
bulk vehicle), render adulterated food that is si-
multaneously or subsequently transported in the
same vehicle.
‘‘(d) WAIVERS.—
‘‘(1) IN GENERAL.—The Secretary may waive
any requirement under this section, with respect to
any class of persons, vehicles, food, or nonfood prod-
ucts, if the Secretary determines that the waiver—
‘‘(A) will not result in the transportation of
food under conditions that would be unsafe for
human or animal health; and
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‘‘(B) will not be contrary to the public in-
terest.
‘‘(2) PUBLICATION.—The Secretary shall publish
in the Federal Register any waiver and the reasons
for the waiver.
‘‘(e) PREEMPTION.—
‘‘(1) IN GENERAL.—No State or political sub-
division of a State may directly or indirectly estab-
lish or continue in effect, as to any food in interstate
commerce, any authority or requirement concerning
transportation of food that is not identical to an au-
thority or requirement under this section.
‘‘(2) APPLICABILITY.—This subsection applies to
transportation that occurs on or after the effective
date of the regulations promulgated under subsection
(b).
‘‘(f) ASSISTANCE
OF OTHER AGENCIES.—The Sec-
retary of Transportation, the Secretary of Agriculture, the
Administrator of the Environmental Protection Agency,
and the heads of other Federal agencies, as appropriate,
shall provide assistance on request, to the extent resources
are available, to the Secretary for the purposes of carrying
out this section.’’.
(c) INSPECTION OF TRANSPORTATION RECORDS.—
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(1) REQUIREMENT.—Section 703 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 373) is
amended—
(A) by striking the section heading and all
that follows through ‘‘For the purpose’’ and in-
serting the following:
‘‘SEC. 703. RECORDS.
‘‘(a) IN GENERAL.—For the purpose’’; and
(B) by adding at the end the following:
‘‘(b) FOOD TRANSPORTATION RECORDS.—A shipper,
carrier by motor vehicle or rail vehicle, receiver, or other
person subject to section 416 shall, on request of an officer
or employee designated by the Secretary, permit the officer
or employee, at reasonable times, to have access to and to
copy all records that the Secretary requires to be kept under
section 416(c)(1)(E).’’.
(2) CONFORMING AMENDMENT.—Subsection (a)
of section 703 of the Federal Food, Drug, and Cos-
metic Act (as designated by paragraph (1)(A)) is
amended by striking ‘‘carriers.’’ and inserting ‘‘car-
riers, except as provided in subsection (b)’’.
(d) PROHIBITED ACTS.—
(1) RECORDS INSPECTION.—Section 301(e) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
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331(e)) is amended by inserting ‘‘416,’’ before ‘‘504,’’
each place it appears.
(2) UNSAFE
FOOD
TRANSPORTATION.—Section
301 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 331) is amended by adding at the end the fol-
lowing:
‘‘(hh) NONCOMPLIANCE WITH SANITARY TRANSPOR-
TATION PRACTICES.—The failure by a shipper, carrier by
motor vehicle or rail vehicle, receiver, or any other person
engaged in the transportation of food to comply with the
sanitary transportation practices prescribed by the Sec-
retary under section 416.’’.
SEC. 7383. DEPARTMENT OF TRANSPORTATION REQUIRE-
MENTS.
Chapter 57, is amended to read as follows:
‘‘CHAPTER 57—SANITARY FOOD
TRANSPORTATION
‘‘Sec.
‘‘5701. Food transportation safety inspections.
‘‘§ 5701. Food transportation safety inspections
‘‘(a) INSPECTION PROCEDURES.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the Secretary of Health
and Human Services and the Secretary of Agri-
culture, shall—
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‘‘(A) establish procedures for transportation
safety inspections for the purpose of identifying
suspected incidents of contamination or adulter-
ation of—
‘‘(i) food in violation of regulations
promulgated under section 416 of the Fed-
eral Food, Drug, and Cosmetic Act;
‘‘(ii) meat subject to detention under
section 402 of the Federal Meat Inspection
Act (21 U.S.C. 672); and
‘‘(iii) poultry products subject to deten-
tion under section 19 of the Poultry Prod-
ucts Inspection Act (21 U.S.C. 467a); and
‘‘(B) train personnel of the Department of
Transportation in the appropriate use of the
procedures.
‘‘(2) APPLICABILITY.—The procedures established
under paragraph (1) of this subsection shall apply, at
a minimum, to Department of Transportation per-
sonnel that perform commercial motor vehicle or rail-
road safety inspections.
‘‘(b) NOTIFICATION OF SECRETARY OF HEALTH AND
HUMAN SERVICES OR SECRETARY OF AGRICULTURE.—The
Secretary of Transportation shall promptly notify the Sec-
retary of Health and Human Services or the Secretary of
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Agriculture, as applicable, of any instances of potential food
contamination or adulteration of a food identified during
transportation safety inspections.
‘‘(c) USE
OF STATE EMPLOYEES.—The means by
which the Secretary of Transportation carries out sub-
section (b) of this section may include inspections conducted
by State employees using funds authorized to be appro-
priated under sections 31102 through 31104 of this title.’’.
SEC. 7384. EFFECTIVE DATE.
This chapter takes effect on October 1, 2005.
CHAPTER 4—HOUSEHOLD GOODS MOVERS
SEC. 7401. SHORT TITLE.
This chapter may be cited as the ‘‘Household Goods
Mover Oversight Enforcement and Reform Act of 2005’’.
SEC. 7402. DEFINITIONS; APPLICATION OF PROVISIONS.
(a) TERMS USED IN THIS CHAPTER.—In this chapter,
the terms ‘‘carrier’’, ‘‘household goods’’, ‘‘motor carrier’’,
‘‘Secretary’’, and ‘‘transportation’’ have the meaning given
such terms in section 13102 of title 49, United States Code.
(b) ‘‘HOUSEHOLD GOODS MOTOR CARRIER’’ IN PART
B OF SUBTITLE IV OF TITLE 49.—Section 13102 is amend-
ed by redesignating paragraphs (12) through (24) as para-
graphs (13) through (25) and by inserting after paragraph
(11) the following:
‘‘(12) HOUSEHOLD GOODS MOTOR CARRIER.—
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‘‘(A) IN
GENERAL.—The term ‘household
goods motor carrier’ means a motor carrier de-
scribed in subparagraph (B) that, in the ordi-
nary course of its business of providing transpor-
tation of household goods, offers some or all of the
following additional services:
‘‘(i) Binding and nonbinding esti-
mates.
‘‘(ii) Inventorying.
‘‘(iii) Protective packing and unpack-
ing of individual items at personal resi-
dences.
‘‘(iv) Loading and unloading at per-
sonal residences.
‘‘(B) 
REGISTRATION
REQUIREMENT.—A
motor carrier is described in this subparagraph
if its operations require it to register as a house-
hold goods motor carrier under—
‘‘(i) section 13902 of this title; and
‘‘(ii) regulations prescribed by the Sec-
retary consistent with Federal agency deter-
minations and decisions that were in effect
on the date of enactment of the Household
Goods Mover Oversight Enforcement and
Reform Act of 2005.
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‘‘(C) LIMITED
SERVICE
EXCLUSION.—The
term ‘household goods motor carrier’ does not in-
clude a motor carrier solely because it provides
transportation of household goods entirely packed
in, and unpacked from, 1 or more containers or
trailers by the individual shipper.’’.
(c) APPLICATION OF CERTAIN PROVISIONS OF LAW.—
The provisions of title 49, United States Code, or of this
chapter, relating to the transportation of household goods
apply only to a household goods motor carrier (as defined
in section 13102(12) of title 49, United States Code).
SEC. 7403. PAYMENT OF RATES.
Section 13707(b) is amended by adding at the end the
following:
‘‘(3) SHIPMENTS OF HOUSEHOLD GOODS.—
‘‘(A) IN
GENERAL.—A carrier providing
transportation for a shipment of household goods
shall give up possession of the household goods
transported at the destination upon payment
of—
‘‘(i) 100 percent of the charges con-
tained in a binding estimate provided by
the carrier;
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‘‘(ii) not more than 110 percent of the
charges contained in a nonbinding estimate
provided by the carrier; or
‘‘(iii) in the case of a partial delivery
of the shipment, the prorated percentage of
the charges calculated in accordance with
subparagraph (B).
‘‘(B) 
CALCULATION
OF
PRORATED
CHARGES.—For 
purposes 
of 
subparagraph
(A)(iii), the prorated percentage of the charges
shall be the percentage of the total charges due to
the carrier as described in clause (i) or (ii) of
subparagraph (A) that is equal to the percentage
of the weight of that portion of the shipment de-
livered to the total weight of the shipment.
‘‘(C) POST-CONTRACT SERVICES.—Subpara-
graph (A) does not apply to additional services
requested by a shipper after the contract of serv-
ice is executed that were not included in the esti-
mate.
‘‘(D) IMPRACTICABLE
OPERATIONS.—Sub-
paragraph (A) does not apply to impracticable
operations, as defined by the applicable carrier
tariff, except that the charges collected at deliv-
ery for such operations shall not exceed 15 per-