H. R. 3—742
(B) methanol or ethanol at no less than 85 percent 
by volume; or 
(C) biodiesel conforming with standards published by 
the American Society for Testing and Materials as of the 
date of enactment of this Act. 
(3) CLEAN SCHOOL BUS.—The term ‘‘clean school bus’’ means 
a school bus with a gross vehicle weight of greater than 14,000 
pounds that—
(A) is powered by a heavy duty engine; and 
(B) is operated solely on an alternative fuel or ultra-
low sulfur diesel fuel. 
(4) ELIGIBLE RECIPIENT.—
(A) IN
GENERAL.—Subject to subparagraph (B), the 
term ‘‘eligible recipient’’ means—
(i) one or more local or State governmental entities 
responsible for providing school bus service to one or 
more public school systems or the purchase of school 
buses; 
(ii) one or more contracting entities that provide 
school bus service to one or more public school systems; 
or 
(iii) a nonprofit school transportation association. 
(B) SPECIAL
REQUIREMENTS.—In the case of eligible 
recipients identified under clauses (ii) and (iii) of subpara-
graph (A), the Administrator shall establish timely and 
appropriate requirements for notice and may establish 
timely and appropriate requirements for approval by the 
public school systems that would be served by buses pur-
chased or retrofit using grant funds made available under 
this section. 
(5) RETROFIT TECHNOLOGY.—The term ‘‘retrofit technology’’ 
means a particulate filter or other emissions control equipment 
that is verified or certified by the Administrator or the Cali-
fornia Air Resources Board as an effective emission reduction 
technology when installed on an existing school bus. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
(7) ULTRA-LOW SULFUR DIESEL FUEL.—The term ‘‘ultra-low 
sulfur diesel fuel’’ means diesel fuel that contains sulfur at 
not more than 15 parts per million. 
(b) PROGRAM
FOR RETROFIT
OR REPLACEMENT
OF CERTAIN 
EXISTING SCHOOL BUSES WITH CLEAN SCHOOL BUSES.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Administrator, in consultation 
with the Secretary and other appropriate Federal depart-
ments and agencies, shall establish a program for awarding 
grants on a competitive basis to eligible recipients for the 
replacement 
of, 
retrofit 
(including 
repowering, 
aftertreatment, and remanufactured engines) of, or pur-
chase of alternative fuels for, certain existing school buses. 
The awarding of grants for the purchase of alternative 
fuels should be consistent with the historic funding levels 
of the program for such purchase. 
(B) BALANCING.—In awarding grants under this sec-
tion, the Administrator shall achieve, to the maximum 
extent practicable, achieve an appropriate balance between 
awarding grants—
H. R. 3—743
(i) to replace school buses; 
(ii) to install retrofit technologies; and 
(iii) to purchase and use alternative fuel. 
(2) PRIORITY OF GRANT APPLICATIONS.—
(A) REPLACEMENT.—In the case of grant applications 
to replace school buses, the Administrator shall give pri-
ority to applicants that propose to replace school buses 
manufactured before model year 1977. 
(B) RETROFITTING.—In the case of grant applications 
to retrofit school buses, the Administrator shall give pri-
ority to applicants that propose to retrofit school buses 
manufactured in or after model year 1991. 
(3) USE OF SCHOOL BUS FLEET.—
(A) IN GENERAL.—All school buses acquired or retro-
fitted with funds provided under this section shall be oper-
ated as part of the school bus fleet for which the grant 
was made for not less than 5 years. 
(B) MAINTENANCE, OPERATION, AND
FUELING.—New 
school buses and retrofit technology shall be maintained, 
operated, and fueled according to manufacturer rec-
ommendations or State requirements. 
(4) RETROFIT
GRANTS.—The Administrator may award 
grants under this section for up to 100 percent of the retrofit 
technologies and installation costs. 
(5) REPLACEMENT GRANTS.—
(A) 
ELIGIBILITY
FOR
PERCENT
GRANTS.—The 
Administrator may award grants under this section for 
replacement of school buses in the amount of up to one-
half of the acquisition costs (including fueling infrastruc-
ture) for—
(i) clean school buses with engines manufactured 
in model year 2005 or 2006 that emit not more than—
(I) 1.8 grams per brake horsepower-hour of 
non-methane hydrocarbons and oxides of nitrogen; 
and 
(II) .01 grams per brake horsepower-hour of 
particulate matter; or 
(ii) clean school buses with engines manufactured 
in model year 2007, 2008, or 2009 that satisfy regu-
latory requirements established by the Administrator 
for emissions of oxides of nitrogen and particulate 
matter to be applicable for school buses manufactured 
in model year 2010. 
(B) 
ELIGIBILITY
FOR
PERCENT
GRANTS.—The 
Administrator may award grants under this section for 
replacement of school buses in the amount of up to one-
fourth of the acquisition costs (including fueling infrastruc-
ture) for—
(i) clean school buses with engines manufactured 
in model year 2005 or 2006 that emit not more than—
(I) 2.5 grams per brake horsepower-hour of 
non-methane hydrocarbons and oxides of nitrogen; 
and 
(II) .01 grams per brake horsepower-hour of 
particulate matter; or 
(ii) clean school buses with engines manufactured 
in model year 2007 or thereafter that satisfy regulatory
H. R. 3—744
requirements established by the Administrator for 
emissions of oxides of nitrogen and particulate matter 
from school buses manufactured in that model year. 
(6) ULTRA-LOW SULFUR DIESEL FUEL.—
(A) IN
GENERAL.—In the case of a grant recipient 
receiving a grant for the acquisition of ultra-low sulfur 
diesel fuel school buses with engines manufactured in 
model year 2005 or 2006, the grant recipient shall provide, 
to the satisfaction of the Administrator—
(i) documentation that diesel fuel containing sulfur 
at not more than 15 parts per million is available 
for carrying out the purposes of the grant; and 
(ii) a commitment by the applicant to use that 
fuel in carrying out the purposes of the grant. 
(7) DEPLOYMENT AND DISTRIBUTION.—The Administrator, 
to the maximum extent practicable, shall—
(A) achieve nationwide deployment of clean school 
buses through the program under this section; and 
(B) ensure a broad geographic distribution of grant 
awards, with no State receiving more than 10 percent 
of the grant funding made available under this section 
during a fiscal year. 
(8) ANNUAL REPORT.—
(A) IN GENERAL.—Not later than January 31 of each 
year, the Administrator shall submit to Congress a report 
that—
(i) evaluates the implementation of this section; 
and 
(ii) describes—
(I) the total number of grant applications 
received; 
(II) the number and types of alternative fuel 
school buses, ultra-low sulfur diesel fuel school 
buses, and retrofitted buses requested in grant 
applications; 
(III) grants awarded and the criteria used to 
select the grant recipients; 
(IV) certified engine emission levels of all 
buses purchased or retrofitted under this section; 
(V) an evaluation of the in-use emission level 
of buses purchased or retrofitted under this sec-
tion; and 
(VI) any other information the Administrator 
considers appropriate. 
(c) EDUCATION.—
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall develop an 
education outreach program to promote and explain the grant 
program. 
(2) COORDINATION WITH STAKEHOLDERS.—The outreach pro-
gram shall be designed and conducted in conjunction with 
national school bus transportation associations and other stake-
holders. 
(3) COMPONENTS.—The outreach program shall—
(A) inform potential grant recipients on the process 
of applying for grants;
H. R. 3—745
(B) describe the available technologies and the benefits 
of the technologies; 
(C) explain the benefits of participating in the grant 
program; and 
(D) include, as appropriate, information from the 
annual report required under subsection (b)(8). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Administrator to carry out this section, 
to remain available until expended—
(1) $55,000,000 for each of fiscal years 2006 and 2007; 
and 
(2) such sums as are necessary for each of fiscal years 
2008, 2009, and 2010. 
SEC. 6016. SPECIAL DESIGNATION. 
For the purpose of any applicable program under title 23, 
United States Code, the city of Norman, Oklahoma, shall be consid-
ered to be part of the Oklahoma City urbanized area. 
SEC. 6017. INCREASED USE OF RECOVERED MINERAL COMPONENT 
IN 
FEDERALLY 
FUNDED 
PROJECTS 
INVOLVING 
PROCUREMENT OF CEMENT OR CONCRETE. 
(a) IN GENERAL.—Subtitle F of the Solid Waste Disposal Act 
(42 U.S.C. 6961 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 6005. INCREASED USE OF RECOVERED MINERAL COMPONENT 
IN 
FEDERALLY 
FUNDED 
PROJECTS 
INVOLVING 
PROCUREMENT OF CEMENT OR CONCRETE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AGENCY HEAD.—The term ‘agency head’ means—
‘‘(A) the Secretary of Transportation; and 
‘‘(B) the head of each other Federal agency that on 
a regular basis procures, or provides Federal funds to pay 
or assist in paying the cost of procuring, material for 
cement or concrete projects. 
‘‘(2) CEMENT
OR
CONCRETE
PROJECT.—The term ‘cement 
or concrete project’ means a project for the construction or 
maintenance of a highway or other transportation facility or 
a Federal, State, or local government building or other public 
facility that—
‘‘(A) involves the procurement of cement or concrete; 
and 
‘‘(B) is carried out in whole or in part using Federal 
funds. 
‘‘(3) RECOVERED MINERAL COMPONENT.—The term ‘recov-
ered mineral component’ means—
‘‘(A) ground granulated blast furnace slag other than 
lead slag; 
‘‘(B) coal combustion fly ash; 
‘‘(C) blast furnace slag aggregate other than lead slag 
aggregate; 
‘‘(D) silica fume; and 
‘‘(E) any other waste material or byproduct recovered 
or diverted from solid waste that the Administrator, in 
consultation with an agency head, determines should be 
treated as recovered mineral component under this section
H. R. 3—746
for use in cement or concrete projects paid for, in whole 
or in part, by the agency head. 
‘‘(b) IMPLEMENTATION OF REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Administrator and each agency 
head shall take such actions as are necessary to implement 
fully all procurement requirements and incentives in effect 
as of the date of enactment of this section (including guidelines 
under section 6002) that provide for the use of cement and 
concrete incorporating recovered mineral component in cement 
or concrete projects. 
‘‘(2) PRIORITY.—In carrying out paragraph (1) an agency 
head shall give priority to achieving greater use of recovered 
mineral component in cement or concrete projects for which 
recovered mineral components historically have not been used 
or have been used only minimally. 
‘‘(3) CONFORMANCE.—The Administrator and each agency 
head shall carry out this subsection in accordance with section 
6002. 
‘‘(c) FULL IMPLEMENTATION STUDY.—
‘‘(1) IN GENERAL.—The Administrator, in cooperation with 
the Secretary of Transportation and the Secretary of Energy, 
shall conduct a study to determine the extent to which current 
procurement requirements, when fully implemented in accord-
ance with subsection (b), may realize energy savings and 
environmental benefits attainable with substitution of recov-
ered mineral component in cement used in cement or concrete 
projects. 
‘‘(2) MATTERS TO BE ADDRESSED.—The study shall—
‘‘(A) quantify the extent to which recovered mineral 
components are being substituted for Portland cement, 
particularly as a result of current procurement require-
ments, and the energy savings and environmental benefits 
associated with that substitution; 
‘‘(B) identify all barriers in procurement requirements 
to greater realization of energy savings and environmental 
benefits, including barriers resulting from exceptions from 
current law; and 
‘‘(C)(i) identify potential mechanisms to achieve greater 
substitution of recovered mineral component in types of 
cement or concrete projects for which recovered mineral 
components historically have not been used or have been 
used only minimally; 
‘‘(ii) evaluate the feasibility of establishing guidelines 
or standards for optimized substitution rates of recovered 
mineral component in those cement or concrete projects; 
and 
‘‘(iii) identify any potential environmental or economic 
effects that may result from greater substitution of recov-
ered mineral component in those cement or concrete 
projects. 
‘‘(3) REPORT.—Not later than 30 months after the date 
of enactment of this section, the Administrator shall submit 
to Congress a report on the study. 
‘‘(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—Unless the 
study conducted under subsection (c) identifies any effects or other 
problems described in subsection (c)(2)(C)(iii) that warrant further
H. R. 3—747
review or delay, the Administrator and each agency head shall, 
not later than 1 year after the release of the report in accordance 
with subsection (c)(3), take additional actions authorized under 
this Act to establish procurement requirements and incentives that 
provide for the use of cement and concrete with increased substi-
tution of recovered mineral component in the construction and 
maintenance of cement or concrete projects, so as to—
‘‘(1) realize more fully the energy savings and environ-
mental benefits associated with increased substitution; and 
‘‘(2) eliminate barriers identified under subsection (c). 
‘‘(e) EFFECT OF SECTION.—Nothing in this section affects the 
requirements of section 6002 (including the guidelines and specifica-
tions for implementing those requirements).’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents 
in section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 
6901) is amended by adding after the item relating to section 
6004 the following:
‘‘Sec. 6005. Increased use of recovered mineral component in federally funded 
projects involving procurement of cement or concrete.’’.
SEC. 6018. USE OF GRANULAR MINE TAILINGS. 
(a) IN GENERAL.—Subtitle F of the Solid Waste Disposal Act 
(42 U.S.C. 6961 et seq.) (as amended by section 6017(a)) is amended 
by adding at the end the following: 
‘‘SEC. 6006. USE OF GRANULAR MINE TAILINGS. 
‘‘(a) MINE TAILINGS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this section, the Administrator, in consultation 
with the Secretary of Transportation and heads of other Federal 
agencies, shall establish criteria (including an evaluation of 
whether to establish a numerical standard for concentration 
of lead and other hazardous substances) for the safe and 
environmentally protective use of granular mine tailings from 
the Tar Creek, Oklahoma Mining District, known as ‘chat’, 
for—
‘‘(A) cement or concrete projects; and 
‘‘(B) transportation construction projects (including 
transportation construction projects involving the use of 
asphalt) that are carried out, in whole or in part, using 
Federal funds. 
‘‘(2) REQUIREMENTS.—In establishing criteria under para-
graph (1), the Administrator shall consider—
‘‘(A) the current and previous uses of granular mine 
tailings as an aggregate for asphalt; and 
‘‘(B) any environmental and public health risks and 
benefits derived from the removal, transportation, and use 
in transportation projects of granular mine tailings. 
‘‘(3) PUBLIC
PARTICIPATION.—In establishing the criteria 
under paragraph (1), the Administrator shall solicit and con-
sider comments from the public. 
‘‘(4) APPLICABILITY OF CRITERIA.—On the establishment of 
the criteria under paragraph (1), any use of the granular mine 
tailings described in paragraph (1) in a transportation project 
that is carried out, in whole or in part, using Federal funds, 
shall meet the criteria established under paragraph (1).
H. R. 3—748
‘‘(b) EFFECT OF SECTIONS.—Nothing in this section or section 
6005 affects any requirement of any law (including a regulation) 
in effect on the date of enactment of this section.’’. 
(b) CONFORMING AMENDMENT.—The table of contents in section 
1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as 
amended by section 6017(b)) is amended by adding after the item 
relating to section 6005 the following:
‘‘Sec. 6006. Use of granular mine tailings.’’.
TITLE VII—HAZARDOUS MATERIALS 
TRANSPORTATION 
SEC. 7001. SHORT TITLE. 
This title may be cited as the ‘‘Hazardous Materials Transpor-
tation Safety and Security Reauthorization Act of 2005’’. 
SEC. 7002. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
49, United States Code. 
Subtitle A—General Authorities on 
Transportation of Hazardous Materials 
SEC. 7101. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds with respect to hazardous mate-
rials transportation that—
(1) approximately 4,000,000,000 tons of regulated haz-
ardous materials are transported each year and approximately 
1,200,000 movements of hazardous materials occur each day, 
according to Department of Transportation estimates; 
(2) the movement of hazardous materials in commerce is 
necessary to maintain economic vitality and meet consumer 
demands and must be conducted in a safe, secure, and efficient 
manner; 
(3) accidents involving, or unauthorized access to, haz-
ardous materials in transportation may result in a release 
of such materials and pose a serious threat to public health 
and safety; 
(4) because of the potential risks to life, property, and 
the environment posed by unintentional releases of hazardous 
materials, consistency in laws and regulations governing the 
transportation of hazardous materials is necessary and desir-
able; and 
(5) in order to provide reasonable, adequate, and cost-
effective protection from the risks posed by the transportation 
of hazardous materials, a network of well-trained State and 
local emergency response personnel and hazmat employees is 
essential. 
(b) PURPOSE.—Section 5101 is amended by striking ‘‘The pur-
pose’’ and all that follows through the period at the end and 
inserting the following: ‘‘The purpose of this chapter is to protect
H. R. 3—749
against the risks to life, property, and the environment that are 
inherent in the transportation of hazardous material in intrastate, 
interstate, and foreign commerce.’’. 
SEC. 7102. DEFINITIONS. 
Section 5102 is amended as follows: 
(1) COMMERCE.—Paragraph (1) is amended—
(A) by striking ‘‘or’’ after the semicolon in subparagraph 
(A); 
(B) by striking ‘‘State.’’ in subparagraph (B) and 
inserting ‘‘State; or’’; and 
(C) by adding at the end the following: 
‘‘(C) on a United States-registered aircraft.’’. 
(2) HAZMAT
EMPLOYEE.—Paragraph (3)(A) is amended—
(A) by striking clause (i) and inserting the following: 
‘‘(i) who—
‘‘(I) is employed on a full time, part time, 
or temporary basis by a hazmat employer; or 
‘‘(II) is self-employed (including an owner-oper-
ator of a motor vehicle, vessel, or aircraft) trans-
porting hazardous material in commerce; and’’; 
(B) in clause (ii)—
(i) by striking ‘‘course of employment’’ and 
inserting ‘‘course of such full time, part time, or tem-
porary employment, or such self employment,’’; and 
(ii) by adding ‘‘and’’ after the semicolon; 
(C) by striking subparagraph (B) and redesignating 
subparagraph (C) as subparagraph (B); and 
(D) in subparagraph (B), as so redesignated—
(i) by striking ‘‘employed by a hazmat employer,’’ 
and inserting ‘‘employed on a full time, part time, 
or temporary basis by a hazmat employer, or self 
employed,’’; and 
(ii) by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii) designs, manufactures, fabricates, inspects, 
marks, maintains, reconditions, repairs, or tests a 
package, container, or packaging component that is 
represented, marked, certified, or sold as qualified for 
use in transporting hazardous material in commerce;’’. 
(3) HAZMAT EMPLOYER.—Paragraph (4) is amended to read 
as follows: 
‘‘(4) ‘hazmat employer’—
‘‘(A) means a person—
‘‘(i) who—
‘‘(I) employs or uses at least 1 hazmat 
employee on a full time, part time, or temporary 
basis; or 
‘‘(II) is self-employed (including an owner-oper-
ator of a motor vehicle, vessel, or aircraft) trans-
porting hazardous material in commerce; and 
‘‘(ii) who—
‘‘(I) transports hazardous material in com-
merce; 
‘‘(II) causes hazardous material to be trans-
ported in commerce; or
H. R. 3—750
‘‘(III) 
designs, 
manufactures, 
fabricates, 
inspects, marks, maintains, reconditions, repairs, 
or tests a package, container, or packaging compo-
nent that is represented, marked, certified, or sold 
as qualified for use in transporting hazardous 
material in commerce; and 
‘‘(B) includes a department, agency, or instrumentality 
of the United States Government, or an authority of a 
State, political subdivision of a State, or Indian tribe, car-
rying out an activity described in clause (ii).’’. 
(4) IMMINENT
HAZARD.—Paragraph (5) is amended by 
inserting ‘‘relating to hazardous material’’ after ‘‘of a condition’’. 
(5) MOTOR CARRIER.—Paragraph (7) is amended to read 
as follows: 
‘‘(7) ‘motor carrier’—
‘‘(A) means a motor carrier, motor private carrier, and 
freight forwarder as those terms are defined in section 
13102; but 
‘‘(B) does not include a freight forwarder, as so defined, 
if the freight forwarder is not performing a function relating 
to highway transportation.’’. 
(6) 
NATIONAL
RESPONSE
TEAM.—Paragraph 
(8) 
is 
amended—
(A) by striking ‘‘national response team’’ both places 
it appears and inserting ‘‘National Response Team’’; and 
(B) by striking ‘‘national contingency plan’’ and 
inserting ‘‘National Contingency Plan’’. 
(7) PERSON.—Paragraph (9)(A) is amended to read as fol-
lows: 
‘‘(A) includes a government, Indian tribe, or authority 
of a government or tribe that—
‘‘(i) offers hazardous material for transportation 
in commerce; 
‘‘(ii) transports hazardous material to further a 
commercial enterprise; or 
‘‘(iii) designs, manufactures, fabricates, inspects, 
marks, maintains, reconditions, repairs, or tests a 
package, container, or packaging component that is 
represented, marked, certified, or sold as qualified for 
use in transporting hazardous material in commerce; 
but’’. 
(8) SECRETARY OF TRANSPORTATION.—Section 5102 is fur-
ther amended—
(A) by redesignating paragraphs (11), (12), and (13) 
as paragraphs (12), (13), and (14), respectively; and 
(B) by inserting after paragraph (10) the following: 
‘‘(11) ‘Secretary’ means the Secretary of Transportation 
except as otherwise provided.’’. 
SEC. 7103. GENERAL REGULATORY AUTHORITY. 
(a) DESIGNATING MATERIAL AS HAZARDOUS.—Section 5103(a) 
is amended—
(1) by striking ‘‘etiologic agent’’ and all that follows through 
‘‘corrosive material,’’ and inserting ‘‘infectious substance, flam-
mable or combustible liquid, solid, or gas, toxic, oxidizing, or 
corrosive material,’’; and 
(2) by striking ‘‘decides’’ and inserting ‘‘determines’’.
H. R. 3—751
(b) 
REGULATIONS
FOR
SAFE
TRANSPORTATION.—Section 
5103(b)(1)(A) is amended to read as follows: 
‘‘(A) apply to a person who—
‘‘(i) transports hazardous material in commerce; 
‘‘(ii) causes hazardous material to be transported 
in commerce; 
‘‘(iii) designs, manufactures, fabricates, inspects, 
marks, maintains, reconditions, repairs, or tests a 
package, container, or packaging component that is 
represented, marked, certified, or sold as qualified for 
use in transporting hazardous material in commerce; 
‘‘(iv) prepares or accepts hazardous material for 
transportation in commerce; 
‘‘(v) is responsible for the safety of transporting 
hazardous material in commerce; 
‘‘(vi) certifies compliance with any requirement 
under this chapter; or 
‘‘(vii) misrepresents whether such person is 
engaged in any activity under clause (i) through (vi); 
and’’. 
(c) TECHNICAL AMENDMENT REGARDING CONSULTATION.—Sec-
tion 5103 is amended—
(1) by striking subsection (b)(1)(C); and 
(2) by adding at the end the following: 
‘‘(c) CONSULTATION.—When prescribing a security regulation 
or issuing a security order that affects the safety of the transpor-
tation of hazardous material, the Secretary of Homeland Security 
shall consult with the Secretary of Transportation.’’. 
SEC. 7104. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 
(a) COVERED
HAZARDOUS
MATERIALS.—Section 5103a(b) is 
amended by striking ‘‘with respect to—’’ and all that follows and 
inserting ‘‘with respect to any material defined as hazardous mate-
rial by the Secretary for which the Secretary requires placarding 
of a commercial motor vehicle transporting that material in com-
merce.’’. 
(b) RECOMMENDATIONS
ON CHEMICAL
OR BIOLOGICAL MATE-
RIALS.—Section 5103a is further amended—
(1) by redesignating subsections (c), (d), and (e) as sub-
sections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (b) the following: 
‘‘(c) RECOMMENDATIONS ON CHEMICAL AND BIOLOGICAL MATE-
RIALS.—The Secretary of Health and Human Services shall rec-
ommend 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 Serv-
ices determines that such material or agent poses a significant 
risk to the health of individuals.’’. 
(c) CONFORMING AMENDMENT.—Section 5103a(a)(1) is amended 
by striking ‘‘subsection (c)(1)(B),’’ and inserting ‘‘subsection 
(d)(1)(B),’’. 
SEC. 7105. BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS 
MATERIALS. 
Section 5103a is further amended by adding at the end the 
following: 
‘‘(g) BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS 
MATERIALS.—
H. R. 3—752
‘‘(1) IN GENERAL.—
‘‘(A) EMPLOYER NOTIFICATION.—Not later than 90 days 
after the date of enactment of this subsection, the Director 
of the Transportation Security Administration, after 
receiving comments from interested parties, shall develop 
and implement a process for notifying hazmat employers 
designated by an applicant of the results of the applicant’s 
background record check, if—
‘‘(i) such notification is appropriate considering the 
potential security implications; and 
‘‘(ii) the Director, in a final notification of threat 
assessment, served on the applicant determines that 
the applicant does not meet the standards set forth 
in regulations issued to carry out this section. 
‘‘(B) RELATIONSHIP
TO
OTHER
BACKGROUND
RECORDS 
CHECKS.—
‘‘(i) ELIMINATION OF REDUNDANT CHECKS.—An indi-
vidual with respect to whom the Transportation Secu-
rity Administration—
‘‘(I) has performed a security threat assess-
ment under this section; and 
‘‘(II) has issued a final notification of no secu-
rity threat, 
is deemed to have met the requirements of any other 
background check that is required for purposes of any 
Federal law applicable to transportation workers if 
that background check is equivalent to, or less strin-
gent than, the background check required under this 
section. 
‘‘(ii) DETERMINATION BY DIRECTOR.—Not later than 
60 days after the date of issuance of the report under 
paragraph (5), but no later than 120 days after the 
date of enactment of this Act, the Director shall initiate 
a rulemaking proceeding, including notice and oppor-
tunity for comment, to determine which background 
checks required for purposes of Federal laws applicable 
to transportation workers are equivalent to, or less 
stringent than, those required under this section. 
‘‘(iii) FUTURE
RULEMAKINGS.—The Director shall 
make a determination under the criteria established 
under clause (ii) with respect to any rulemaking pro-
ceeding to establish or modify required background 
checks for transportation workers initiated after the 
date of enactment of this subsection. 
‘‘(2) APPEALS PROCESS FOR MORE STRINGENT STATE PROCE-
DURES.—If a State establishes its own standards for applicants 
for a hazardous materials endorsement to a commercial driver’s 
license, the State shall also provide—
‘‘(A) an appeals process similar to and to the same 
extent as the process provided under part 1572 of title 
49, Code of Federal Regulations, by which an applicant 
denied a hazardous materials endorsement to a commercial 
driver’s license by that State may appeal that denial; and 
‘‘(B) a waiver process similar to and to the same extent 
as the process provided under part 1572 of title 49, Code 
of Federal Regulations, by which an applicant denied a
H. R. 3—753
hazardous materials endorsement to a commercial driver’s 
license by that State may apply for a waiver. 
‘‘(3) CLARIFICATION OF TERM DEFINED IN REGULATIONS.—
The term ‘transportation security incident’, as defined in part 
1572 of title 49, Code of Federal Regulations, does not include 
a work stoppage or other nonviolent employee-related action 
resulting from an employer-employee dispute. Not later than 
30 days after the date of enactment of this subsection, the 
Director shall modify the definition of that term to reflect 
the preceding sentence. 
‘‘(4) BACKGROUND CHECK CAPACITY.—Not later than October 
1, 2005, the Director shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committees on Transportation and Infrastructure and Home-
land Security of the House of Representatives a report on 
the implementation of fingerprint-based security threat assess-
ments and the adequacy of fingerprinting locations, personnel, 
and resources to accomplish the timely processing of finger-
print-based security threat assessments for individuals holding 
commercial driver’s licenses who are applying to renew haz-
ardous materials endorsements. 
‘‘(5) REPORT.—
‘‘(A) IN GENERAL.—Not later than 60 days after the 
date of enactment of this subsection, the Director shall 
transmit to the committees referred to in paragraph (4) 
a report on the Director’s plans to reduce or eliminate 
redundant background checks for holders of hazardous 
materials endorsements performed under this section. 
‘‘(B) CONTENTS.—The report shall—
‘‘(i) include a list of background checks and other 
security or threat assessment requirements applicable 
to transportation workers under Federal laws for which 
the Department of Homeland Security is responsible 
and the process by which the Secretary of Homeland 
Security will determine whether such checks or assess-
ments are equivalent to, or less stringent than, the 
background check performed under this section; and 
‘‘(ii) provide an analysis of how the Director plans 
to reduce or eliminate redundant background checks 
in a manner that will continue to ensure the highest 
level of safety and security. 
‘‘(h) COMMERCIAL MOTOR VEHICLE OPERATORS REGISTERED TO 
OPERATE IN MEXICO OR CANADA.—
‘‘(1) IN GENERAL.—Beginning on the date that is 6 months 
after the date of enactment of this subsection, a commercial 
motor vehicle operator registered to operate in Mexico or 
Canada shall not operate a commercial motor vehicle trans-
porting a hazardous material in commerce in the United States 
until the operator has undergone a background records check 
similar to the background records check required for commercial 
motor vehicle operators licensed in the United States to trans-
port hazardous materials in commerce. 
‘‘(2) EXTENSION.—The Director of the Transportation Secu-
rity Administration may extend the deadline established by 
paragraph (1) for a period not to exceed 6 months if the Director 
determines that such an extension is necessary.
H. R. 3—754
‘‘(3) COMMERCIAL MOTOR VEHICLE DEFINED.—In this sub-
section, the term ‘commercial motor vehicle’ has the meaning 
given that term by section 31101.’’. 
SEC. 7106. REPRESENTATION AND TAMPERING. 
(a) REPRESENTATION.—Section 5104(a)(1) is amended—
(1) by striking ‘‘a container,’’ and all that follows through 
‘‘packaging) for’’ and inserting ‘‘a package, component of a pack-
age, or packaging for’’; and 
(2) by striking ‘‘the container’’ and all that follows through 
‘‘packaging) meets’’ and inserting ‘‘the package, component of 
a package, or packaging meets’’. 
(b) TAMPERING.—Section 5104(b) is amended—
(1) by striking ‘‘A person may not’’ and inserting ‘‘No person 
may’’; and 
(2) in paragraph (2) by inserting ‘‘component of a package, 
or packaging,’’ after ‘‘package,’’. 
SEC. 7107. TECHNICAL AMENDMENTS. 
Section 5105 is amended—
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection (d). 
SEC. 7108. TRAINING OF CERTAIN EMPLOYEES. 
Section 5107 is amended—
(1) by striking subsection (e) and inserting the following: 
‘‘(e) TRAINING GRANTS.—
‘‘(1) IN GENERAL.—Subject to the availability of funds under 
section 5128(c), the Secretary shall make grants under this 
subsection—
‘‘(A) for training instructors to train hazmat employees; 
and 
‘‘(B) to the extent determined appropriate by the Sec-
retary, for such instructors to train hazmat employees. 
‘‘(2) ELIGIBILITY.—A grant under this subsection shall be 
made to a nonprofit hazmat employee organization that dem-
onstrates—
‘‘(A) expertise in conducting a training program for 
hazmat employees; and 
‘‘(B) the ability to reach and involve in a training 
program a target population of hazmat employees.’’; 
(2) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; 
(3) by inserting after subsection (e) the following: 
‘‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Secretary shall 
ensure that maintenance-of-way employees and railroad signalmen 
receive general awareness and familiarization training and safety 
training pursuant to section 172.704 of title 49, Code of Federal 
Regulations.’’; and 
(4) in subsection (g)(2) (as redesignated by paragraph (2) 
of this subsection) by striking ‘‘sections 5106, 5108(a)–(g)(1) 
and (h), and 5109 of this title’’ and inserting ‘‘section 5106’’. 
SEC. 7109. REGISTRATION. 
(a) PERSONS REQUIRED TO FILE.—
(1) REQUIREMENT
TO
FILE.—Section 5108(a)(1)(B) is 
amended by striking ‘‘class A or B explosive’’ and inserting 
‘‘Division 1.1, 1.2, or 1.3 explosive material’’.
H. R. 3—755
(2) AUTHORITY TO REQUIRE TO FILE.—Section 5108(a)(2)(B) 
is amended to read as follows: 
‘‘(B) a person designing, manufacturing, fabricating, 
inspecting, marking, maintaining, reconditioning, repairing, or 
testing a package, container, or packaging component that is 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material in commerce.’’. 
(3) 
NO
TRANSPORTATION
WITHOUT
FILING.—Section 
5108(a)(3) is amended by striking ‘‘manufacture,’’ and all that 
follows through ‘‘package or’’ and inserting ‘‘design, manufac-
ture, fabricate, inspect, mark, maintain, recondition, repair, 
or test a package, container packaging component, or’’. 
(b) FORM AND CONTENT OF FILINGS.—Section 5108(b)(1)(C) is 
amended by striking ‘‘the activity.’’ and inserting ‘‘any of the activi-
ties.’’. 
(c) FILING.—Section 5108(c) is amended to read as follows: 
‘‘(c) FILING.—Each person required to file a registration state-
ment under subsection (a) shall file the statement in accordance 
with regulations prescribed by the Secretary.’’. 
(d) REGISTRATION.—As soon as practicable, the Administrator 
of the Pipeline and Hazardous Materials Safety Administration 
shall transmit to the Federal Motor Carrier Safety Administration 
hazardous material registrant information obtained before, on, or 
after the date of enactment of this Act under section 5108 of 
title 49, United States Code, together with any Department of 
Transportation identification number for each registrant. 
(e) RELATIONSHIP
TO OTHER LAWS.—Section 5108(i)(2)(B) is 
amended by inserting ‘‘an Indian tribe,’’ after ‘‘subdivision of a 
State,’’. 
(f) FEES.—Section 5108(g) is amended—
(1) in paragraph (1) by striking ‘‘may’’ and inserting ‘‘shall’’; 
(2) in paragraph (2)(A) by striking ‘‘$5,000’’ and inserting 
‘‘$3,000’’; and 
(3) by adding at the end the following: 
‘‘(3) FEES
ON
EXEMPT
PERSONS.—Notwithstanding sub-
section (a)(4), the Secretary shall impose and collect a fee 
of $25 from a person who is required to register under this 
section but who is otherwise exempted by the Secretary from 
paying any fee under this section. The fee shall be used to 
pay the costs incurred by the Secretary in processing registra-
tion statements filed by such persons.’’. 
SEC. 7110. SHIPPING PAPERS AND DISCLOSURE. 
(a) DISCLOSURE CONSIDERATIONS AND REQUIREMENTS.—Section 
5110 is amended—
(1) by striking ‘‘under subsection (b) of this section.’’ in 
subsection (a) and inserting ‘‘in regulations.’’; 
(2) by striking subsection (b); and 
(3) by redesignating subsections (c), (d), and (e) as sub-
sections (b), (c), and (d), respectively. 
(b) RETENTION OF PAPERS.—Subsection (d) of section 5110, as 
redesignated by subsection (a)(3) of this section, is amended to 
read as follows: 
‘‘(d) RETENTION OF PAPERS.—
‘‘(1) SHIPPERS.—The person who provides the shipping 
paper under this section shall retain the paper, or an electronic 
format of it, for a period of 2 years after the date that the
H. R. 3—756
shipping paper is provided to the carrier, with the paper or 
electronic format to be accessible through the shipper’s principal 
place of business. 
‘‘(2) CARRIERS.—The carrier required to keep the shipping 
paper under this section, shall retain the paper, or an electronic 
format of it, for a period of 1 year after the date that the 
shipping paper is provided to the carrier, with the paper or 
electronic format to be accessible through the carrier’s principal 
place of business. 
‘‘(3) AVAILABILITY TO GOVERNMENT AGENCIES.—Any person 
required to keep a shipping paper under this subsection shall, 
upon request, make it available to a Federal, State, or local 
government agency at reasonable times and locations.’’. 
SEC. 7111. RAIL TANK CARS. 
Section 5111, and the item relating to section 5111 in the 
analysis for chapter 51, are repealed. 
SEC. 7112. UNSATISFACTORY SAFETY RATINGS. 
(a) IN GENERAL.—The text of section 5113 is amended to read 
as follows: ‘‘A violation of section 31144(c)(3) shall be considered 
a violation of this chapter, and shall be subject to the penalties 
in sections 5123 and 5124.’’. 
(b) CONFORMING AMENDMENTS.—The first subsection (c) of sec-
tion 31144, relating to prohibited transportation, is amended—
(1) in paragraph (1) by striking ‘‘sections 521(b)(5)(A) and 
5113’’ and inserting ‘‘section 521(b)(5)(A)’’; and 
(2) by adding at the end of paragraph (3) the following: 
‘‘A violation of this paragraph by an owner or operator trans-
porting hazardous material shall be considered a violation of 
chapter 51, and shall be subject to the penalties in sections 
5123 and 5124.’’. 
(c) TECHNICAL CORRECTION.—The second subsection (c) of sec-
tion 31144, relating to safety reviews of new operators, is redesig-
nated as subsection (f). 
SEC. 7113. TRAINING CURRICULUM FOR THE PUBLIC SECTOR. 
(a) IN GENERAL.—Section 5115(a) is amended by striking the 
subsection designation and all that follows through the period at 
the end of the first sentence and inserting the following: 
‘‘(a) IN GENERAL.—In coordination with the Director of the 
Federal Emergency Management Agency, the Chairman of the 
Nuclear Regulatory Commission, the Administrator of the Environ-
mental Protection Agency, the Secretaries of Labor, Energy, and 
Health and Human Services, and the Director of the National 
Institute of Environmental Health Sciences, and using existing 
coordinating mechanisms of the National Response Team and, for 
radioactive material, the Federal Radiological Preparedness Coordi-
nating Committee, the Secretary of Transportation shall maintain, 
and update periodically, a current curriculum of courses necessary 
to train public sector emergency response and preparedness teams 
in matters relating to the transportation of hazardous material.’’. 
(b) REQUIREMENTS.—Section 5115(b) is amended—
(1) in the matter preceding paragraph (1) by striking ‘‘devel-
oped’’ and inserting ‘‘maintained and updated’’; and 
(2) in paragraph (1)(C) by striking ‘‘under other United 
States Government grant programs, including those’’ and
H. R. 3—757
inserting ‘‘with Federal financial assistance, including pro-
grams’’. 
(c) TRAINING
ON COMPLYING WITH LEGAL REQUIREMENTS.—
Section 5115(c)(3) is amended by inserting before the period at 
the end the following: ‘‘and such other voluntary consensus 
standard-setting organizations as the Secretary of Transportation 
determines appropriate’’. 
(d) DISTRIBUTION
AND
PUBLICATION.—Section 5115(d) is 
amended—
(1) in the matter preceding paragraph (1) by striking 
‘‘national response team’’ and inserting ‘‘National Response 
Team’’; 
(2) in paragraph (1) by striking ‘‘Director of the Federal 
Emergency Management Agency’’ and inserting ‘‘Secretary’’; 
and 
(3) in paragraph (2)—
(A) by inserting ‘‘and distribute’’ after ‘‘publish’’; and 
(B) by striking ‘‘programs that uses’’ and all that fol-
lows before the period at the end and inserting ‘‘programs 
and courses maintained and updated under this section 
and of any programs utilizing such courses’’. 
SEC. 7114. PLANNING AND TRAINING GRANTS; HAZARDOUS MATERIALS 
EMERGENCY PREPAREDNESS FUND. 
(a) MAINTENANCE
OF
EFFORT.—Sections 5116(a)(2)(A) and 
5116(b)(2)(A) are amended by striking ‘‘2 fiscal years’’ and inserting 
‘‘5 fiscal years’’. 
(b) MONITORING AND TECHNICAL ASSISTANCE.—Section 5116(f) 
is amended by striking ‘‘national response team’’ and inserting 
‘‘National Response Team’’. 
(c) DELEGATION OF AUTHORITY.—Section 5116(g) is amended 
by striking ‘‘Government grant programs’’ and inserting ‘‘Federal 
financial assistance’’. 
(d) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS FUND.—
(1) NAME
OF
FUND.—Section 5116(i) is amended by 
inserting after ‘‘an account in the Treasury’’ the following: 
‘‘(to be known as the ‘Hazardous Materials Emergency 
Preparedness Fund’)’’. 
(2) PUBLICATION OF EMERGENCY RESPONSE GUIDE.—Section 
5116(i) is further amended—
(A) by striking ‘‘collects under section 5108(g)(2)(A) 
of this title and’’; 
(B) by striking ‘‘and’’ after the semicolon in paragraph 
(2); 
(C) by redesignating paragraph (3) as paragraph (4); 
(D) by inserting after paragraph (2) the following: 
‘‘(3) to publish and distribute an emergency response guide; 
and’’; and 
(E) in paragraph (4) (as redesignated by subparagraph 
(C) of this paragraph) by striking ‘‘10 percent’’ and inserting 
‘‘2 percent’’. 
(3) CONFORMING
AMENDMENT.—Section 5108(g)(2)(C) is 
amended by striking ‘‘the account the Secretary of the Treasury 
establishes’’ and inserting ‘‘the Hazardous Materials Emergency 
Preparedness Fund established’’. 
(e) REPORTS.—Section 5116(k) is amended—
H. R. 3—758
(1) by striking the first sentence and inserting the fol-
lowing: ‘‘The Secretary shall submit annually to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate and make available to the public 
information on the allocation and uses of the planning grants 
allocated under subsection (a), training grants under subsection 
(b), and grants under subsection (j) of this section and under 
section 5107.’’; and 
(2) by striking ‘‘Such report’’ in the second sentence and 
inserting ‘‘The report’’. 
SEC. 7115. SPECIAL PERMITS AND EXCLUSIONS. 
(a) SECTION HEADING.—
(1) IN GENERAL.—Section 5117 is amended by striking the 
section designation and heading and inserting the following: 
‘‘§ 5117. Special permits and exclusions’’. 
(2) CONFORMING AMENDMENT.—The item relating to section 
5117 in the analysis for chapter 51 is amended to read as 
follows:
‘‘5117. Special permits and exclusions.’’.
(b) SUBSECTION HEADING.—The heading for subsection (a) of 
section 5117 is amended by striking ‘‘EXEMPT’’ and inserting ‘‘ISSUE 
SPECIAL PERMITS’’. 
(c) AUTHORITY TO ISSUE SPECIAL PERMITS.—Section 5117(a)(1) 
is amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘, modify, 
or terminate a special permit authorizing a variance’’; and 
(2) by striking ‘‘transporting, or causing to be transported, 
hazardous material’’ and inserting ‘‘performing a function regu-
lated by the Secretary under section 5103(b)(1)’’. 
(d) PERIOD OF SPECIAL PERMIT.—Section 5117(a)(2) is amended 
to read as follows: 
‘‘(2) A special permit issued under this section shall be effective 
for an initial period of not more than 2 years and may be renewed 
by the Secretary upon application for successive periods of not 
more than 4 years each or, in the case of a special permit relating 
to section 5112, for an additional period of not more than 2 years.’’. 
(e) APPLICATIONS.—Section 5117(b) is amended—
(1) by striking ‘‘an exemption’’ each place it appears and 
inserting ‘‘a special permit’’; and 
(2) by striking ‘‘the exemption’’ and inserting ‘‘the special 
permit’’. 
(f) DEALING WITH APPLICATIONS PROMPTLY.—Section 5117(c) 
is amended by striking ‘‘the exemption’’ each place it appears and 
inserting ‘‘the special permit’’. 
(g) LIMITATION ON AUTHORITY.—Section 5117(e) is amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘a special 
permit’’; and 
(2) by striking ‘‘be exempt’’ and inserting ‘‘be granted a 
variance’’. 
(h) REPEAL
OF SECTION 5118.—Section 5118, and the item 
relating to such section in the analysis for chapter 51, are repealed. 
SEC. 7116. UNIFORM FORMS AND PROCEDURES. 
Section 5119 is amended to read as follows:
H. R. 3—759
‘‘§ 5119. Uniform forms and procedures 
‘‘(a) ESTABLISHMENT OF WORKING GROUP.—The Secretary shall 
establish a working group of State and local government officials, 
including representatives of the National Governors’ Association, 
the National Association of Counties, the National League of Cities, 
the United States Conference of Mayors, the National Conference 
of State Legislatures, and the Alliance for Uniform Hazmat 
Transportation Procedures. 
‘‘(b) PURPOSE OF WORKING GROUP.—The purpose of the working 
group shall be to develop uniform forms and procedures for a 
State to register, and to issue permits to, persons that transport, 
or cause to be transported, hazardous material by motor vehicle 
in the State. 
‘‘(c) LIMITATION ON WORKING GROUP.—The working group may 
not propose to define or limit the amount of a fee a State may 
impose or collect. 
‘‘(d) PROCEDURE.—The Secretary shall develop a procedure for 
the working group to employ in developing recommendations for 
the Secretary to harmonize existing State registration and permit 
laws and regulations relating to the transportation of hazardous 
materials, with special attention paid to each State’s unique safety 
concerns and interest in maintaining strong hazmat safety stand-
ards. 
‘‘(e) REPORT OF WORKING GROUP.—Not later than 18 months 
after the date of enactment of this subsection, the working group 
shall transmit to the Secretary a report containing recommenda-
tions for establishing uniform forms and procedures described in 
subsection (b). 
‘‘(f) REGULATIONS.—Not later than 18 months after the date 
the working group’s report is delivered to the Secretary, the Sec-
retary shall issue regulations to carry out such recommendations 
of the working group as the Secretary considers appropriate. In 
developing such regulations, the Secretary shall consider the State 
needs associated with the transition to and implementation of a 
uniform forms and procedures program. 
‘‘(g) LIMITATION
ON STATUTORY CONSTRUCTION.—Nothing in 
this section shall be construed as prohibiting a State from volun-
tarily participating in a program of uniform forms and procedures 
until such time as the Secretary issues regulations under subsection 
(f).’’. 
SEC. 
7117. 
INTERNATIONAL 
UNIFORMITY 
OF 
STANDARDS 
AND 
REQUIREMENTS. 
(a) CONSULTATION.—Section 5120(b) is amended by inserting 
‘‘and requirements’’ after ‘‘standards’’. 
(b) 
DIFFERENCES
WITH
INTERNATIONAL
STANDARDS
AND 
REQUIREMENTS.—Section 5120(c) is amended—
(1) in paragraph (1) by inserting ‘‘or requirement’’ after 
‘‘standard’’ each place it appears; and 
(2) in paragraph (2)—
(A) by inserting ‘‘standard or’’ before ‘‘requirement’’ 
each place it appears; and 
(B) by striking ‘‘included in a standard’’. 
SEC. 7118. ADMINISTRATIVE AUTHORITY. 
(a) GENERAL AUTHORITY.—Section 5121(a) is amended—
H. R. 3—760
(1) in the first sentence by inserting ‘‘conduct tests,’’ after 
‘‘investigate,’’; 
(2) in the second sentence by striking ‘‘After’’ and inserting 
‘‘Except as provided in subsections (c) and (d), after’’; and 
(3) by striking ‘‘regulation prescribed’’ and inserting ‘‘regu-
lation prescribed, or an order, special permit, or approval 
issued,’’. 
(b) RECORDS, REPORTS, AND INFORMATION.—Section 5121(b) is 
amended—
(1) in paragraph (1) by inserting ‘‘and property’’ after 
‘‘records’’; and 
(2) in paragraph (2)—
(A) by inserting ‘‘property,’’ after ‘‘records,’’; 
(B) by inserting ‘‘for inspection’’ after ‘‘available’’; and 
(C) by striking ‘‘requests’’ and inserting ‘‘undertakes 
an investigation or makes a request’’. 
(c) ENHANCED AUTHORITY
TO DISCOVER HIDDEN SHIPMENTS 
OF HAZARDOUS MATERIAL.—Section 5121(c) is amended to read 
as follows: 
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) IN GENERAL.—A designated officer, employee, or agent 
of the Secretary—
‘‘(A) may inspect and investigate, at a reasonable time 
and in a reasonable manner, records and property relating 
to a function described in section 5103(b)(1); 
‘‘(B) except in the case of packaging immediately adja-
cent to its hazardous material contents, may gain access 
to, open, and examine a package offered for, or in, transpor-
tation when the officer, employee, or agent has an objec-
tively reasonable and articulable belief that the package 
may contain a hazardous material; 
‘‘(C) may remove from transportation a package or 
related packages in a shipment offered for or in transpor-
tation for which—
‘‘(i) such officer, employee, or agent has an objec-
tively reasonable and articulable belief that the pack-
age may pose an imminent hazard; and 
‘‘(ii) such officer, employee, or agent contempora-
neously documents such belief in accordance with 
procedures set forth in guidance or regulations pre-
scribed under subsection (e); 
‘‘(D) may gather information from the offeror, carrier, 
packaging manufacturer or tester, or other person respon-
sible for the package, to ascertain the nature and hazards 
of the contents of the package; 
‘‘(E) as necessary, under terms and conditions specified 
by the Secretary, may order the offeror, carrier, packaging 
manufacturer or tester, or other person responsible for 
the package to have the package transported to, opened, 
and the contents examined and analyzed, at a facility 
appropriate for the conduct of such examination and anal-
ysis; and 
‘‘(F) when safety might otherwise be compromised, may 
authorize properly qualified personnel to assist in the 
activities conducted under this subsection.
H. R. 3—761
‘‘(2) DISPLAY
OF
CREDENTIALS.—An officer, employee, or 
agent acting under this subsection shall display proper creden-
tials when requested. 
‘‘(3) SAFE RESUMPTION OF TRANSPORTATION.—In instances 
when, as a result of an inspection or investigation under this 
subsection, an imminent hazard is not found to exist, the Sec-
retary, in accordance with procedures set forth in regulations 
prescribed under subsection (e), shall assist—
‘‘(A) in the safe and prompt resumption of transpor-
tation of the package concerned; or 
‘‘(B) in any case in which the hazardous material being 
transported is perishable, in the safe and expeditious 
resumption of transportation of the perishable hazardous 
material.’’. 
(d) 
EMERGENCY
AUTHORITY
FOR
HAZARDOUS
MATERIAL 
TRANSPORTATION.—Section 5121 is amended—
(1) by redesignating subsections (d) and (e) as subsections 
(f) and (h), respectively; and 
(2) by inserting after subsection (c) the following: 
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) IN
GENERAL.—If, upon inspection, investigation, 
testing, or research, the Secretary determines that a violation 
of a provision of this chapter, or a regulation prescribed under 
this chapter, or an unsafe condition or practice, constitutes 
or is causing an imminent hazard, the Secretary may issue 
or impose emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or an opportunity for a hearing, 
but only to the extent necessary to abate the imminent hazard. 
‘‘(2) WRITTEN ORDERS.—The action of the Secretary under 
paragraph (1) shall be in a written emergency order that—
‘‘(A) describes the violation, condition, or practice that 
constitutes or is causing the imminent hazard; 
‘‘(B) states the restrictions, prohibitions, recalls, or out-
of-service orders issued or imposed; and 
‘‘(C) describes the standards and procedures for 
obtaining relief from the order. 
‘‘(3) OPPORTUNITY FOR REVIEW.—After taking action under 
paragraph (1), the Secretary shall provide for review of the 
action under section 554 of title 5 if a petition for review 
is filed within 20 calendar days of the date of issuance of 
the order for the action. 
‘‘(4) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a petition 
for review of an action is filed under paragraph (3) and the 
review under that paragraph is not completed by the end of 
the 30-day period beginning on the date the petition is filed, 
the action shall cease to be effective at the end of such period 
unless the Secretary determines, in writing, that the imminent 
hazard providing a basis for the action continues to exist. 
‘‘(5) OUT-OF-SERVICE ORDER DEFINED.—In this subsection, 
the term ‘out-of-service order’ means a requirement that an 
aircraft, vessel, motor vehicle, train, railcar, locomotive, other 
vehicle, transport unit, transport vehicle, freight container, 
potable tank, or other package not be moved until specified 
conditions have been met. 
‘‘(e) REGULATIONS.—
‘‘(1) TEMPORARY
REGULATIONS.—Not later than 60 days 
after the date of enactment of the Hazardous Materials
H. R. 3—762
Transportation Safety and Security Reauthorization Act of 
2005, the Secretary shall issue temporary regulations to carry 
out subsections (c) and (d). The temporary regulations shall 
expire on the date of issuance of the regulations under para-
graph (2). 
‘‘(2) FINAL REGULATIONS.—Not later than 1 year after such 
date of enactment, the Secretary shall issue regulations to 
carry out subsections (c) and (d) in accordance with subchapter 
II of chapter 5 of title 5.’’. 
(e) GRANTS AND COOPERATIVE AGREEMENTS.—Section 5121 is 
amended by inserting after subsection (f) (as redesignated by sub-
section (d)(1) of this section) the following: 
‘‘(g) GRANTS AND COOPERATIVE AGREEMENTS.—The Secretary 
may enter into grants and cooperative agreements with a person, 
agency, or instrumentality of the United States, a unit of State 
or local government, an Indian tribe, a foreign government (in 
coordination with the Department of State), an educational institu-
tion, or other appropriate entity—
‘‘(1) to expand risk assessment and emergency response 
capabilities with respect to the security of transportation of 
hazardous material; 
‘‘(2) to enhance emergency communications capacity as 
determined necessary by the Secretary, including the use of 
integrated, interoperable emergency communications tech-
nologies where appropriate; 
‘‘(3) to conduct research, development, demonstration, risk 
assessment, and emergency response planning and training 
activities; or 
‘‘(4) to otherwise carry out this chapter.’’. 
(f) REPORT.—Section 5121(h) (as redesignated by subsection 
(d)(1) of this section) is amended—
(1) in the matter preceding paragraph (1) by striking 
‘‘submit to the President for transmittal to the Congress’’ and 
inserting ‘‘transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate’’; and 
(2) in paragraph (4) by inserting ‘‘relating to a function 
regulated by the Secretary under section 5103(b)(1)’’ after 
‘‘activities’’. 
SEC. 7119. ENFORCEMENT. 
(a) IN GENERAL.—Section 5122(a) is amended—
(1) in the first sentence by striking ‘‘chapter or a regulation 
prescribed or order’’ and inserting ‘‘chapter or a regulation 
prescribed or order, special permit, or approval’’; and 
(2) by striking the second sentence and inserting the fol-
lowing: ‘‘The court may award appropriate relief, including 
a temporary or permanent injunction, punitive damages, and 
assessment of civil penalties considering the same penalty 
amounts and factors as prescribed for the Secretary in an 
administrative case under section 5123.’’. 
(b) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is amended by 
striking ‘‘or ameliorate the’’ and inserting ‘‘or mitigate the’’. 
SEC. 7120. CIVIL PENALTY. 
(a) PENALTY.—Section 5123(a) is amended—
(1) in paragraph (1)—
H. R. 3—763
(A) by striking ‘‘regulation prescribed or order issued’’ 
and inserting ‘‘regulation, order, special permit, or approval 
issued’’; and 
(B) by striking ‘‘$25,000’’ and inserting ‘‘$50,000’’; 
(2) by redesignating paragraph (2) as paragraph (4); and 
(3) by inserting after paragraph (1) the following: 
‘‘(2) If the Secretary finds that a violation under paragraph 
(1) results in death, serious illness, or severe injury to any person 
or substantial destruction of property, the Secretary may increase 
the amount of the civil penalty for such violation to not more 
than $100,000. 
‘‘(3) If the violation is related to training, paragraph (1) shall 
be applied by substituting ‘$450’ for ‘$250’.’’. 
(b) HEARING REQUIREMENT.—Section 5123(b) is amended by 
striking ‘‘regulation prescribed’’ and inserting ‘‘regulation prescribed 
or order, special permit, or approval issued’’. 
(c) CIVIL ACTIONS TO COLLECT.—Section 5123(d) is amended 
by striking ‘‘section.’’ and inserting ‘‘section and any accrued interest 
on the civil penalty as calculated in accordance with section 1005 
of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil 
action, the amount and appropriateness of the civil penalty shall 
not be subject to review.’’. 
(d) EFFECTIVE DATES.—
(1) HEARING REQUIREMENT.—The amendment made by sub-
section (b) shall take effect on the date of enactment of this 
Act, and shall apply with respect to violations described in 
section 5123(a) of title 49, United States Code (as amended 
by this section), that occur on or after that date. 
(2) CIVIL ACTIONS TO COLLECT.—The amendment made by 
subsection (c) shall apply with respect to civil penalties imposed 
on violations described in section 5123(a) of title 49, United 
States Code (as amended by this section), that occur on or 
after the date of enactment of this Act. 
SEC. 7121. CRIMINAL PENALTY. 
Section 5124 is amended to read as follows: 
‘‘§ 5124. Criminal penalty 
‘‘(a) IN GENERAL.—A person knowingly violating section 5104(b) 
or willfully or recklessly violating this chapter or a regulation, 
order, special permit, or approval issued under this chapter shall 
be fined under title 18, imprisoned for not more than 5 years, 
or both; except that the maximum amount of imprisonment shall 
be 10 years in any case in which the violation involves the release 
of a hazardous material that results in death or bodily injury 
to any person. 
‘‘(b) KNOWING VIOLATIONS.—For purposes of this section—
‘‘(1) a person acts knowingly when—
‘‘(A) the person has actual knowledge of the facts giving 
rise to the violation; or 
‘‘(B) a reasonable person acting in the circumstances 
and exercising reasonable care would have that knowledge; 
and 
‘‘(2) knowledge of the existence of a statutory provision, 
or a regulation or a requirement required by the Secretary, 
is not an element of an offense under this section.
H. R. 3—764
‘‘(c) WILLFUL VIOLATIONS.—For purposes of this section, a per-
son acts willfully when—
‘‘(1) the person has knowledge of the facts giving rise to 
the violation; and 
‘‘(2) the person has knowledge that the conduct was unlaw-
ful. 
‘‘(d) RECKLESS VIOLATIONS.—For purposes of this section, a 
person acts recklessly when the person displays a deliberate indif-
ference or conscious disregard to the consequences of that person’s 
conduct.’’. 
SEC. 7122. PREEMPTION. 
(a) SUBSTANTIVE DIFFERENCES.—Section 5125(b) is amended—
(1) by striking subparagraph (E) of paragraph (1) and 
inserting the following: 
‘‘(E) the designing, manufacturing, fabricating, inspecting, 
marking, maintaining, reconditioning, repairing, or testing a 
package, container, or packaging component that is represented, 
marked, certified, or sold as qualified for use in transporting 
hazardous material in commerce.’’; and 
(2) by striking ‘‘prescribes after November 16, 1990. How-
ever, the’’ in paragraph (2) and inserting ‘‘prescribes. The’’. 
(b) DECISIONS ON PREEMPTION.—Section 5125(d)(1) is amended 
in the first sentence by inserting before the period at the end 
‘‘or section 5119(e)’’. 
(c) WAIVER OF PREEMPTION.—Section 5125(e) is amended in 
the first sentence by inserting before the period at the end ‘‘or 
section 5119(b)’’. 
(d) STANDARDS.—Section 5125 is amended by adding at the 
end the following: 
‘‘(h) APPLICATION
OF
EACH
PREEMPTION
STANDARD.—Each 
standard for preemption in subsection (b), (c)(1), or (d), and in 
section 5119(b), is independent in its application to a requirement 
of a State, political subdivision of a State, or Indian tribe. 
‘‘(i) NON-FEDERAL
ENFORCEMENT
STANDARDS.—This section 
does not apply to any procedure, penalty, required mental state, 
or other standard utilized by a State, political subdivision of a 
State, or Indian tribe to enforce a requirement applicable to the 
transportation of hazardous material.’’. 
SEC. 7123. JUDICIAL REVIEW. 
(a) REPEAL.—Section 5125 (as amended by section 7122 of 
this Act) is further amended—
(1) by striking subsection (f); 
(2) by redesignating subsections (g), (h), and (i) as sub-
sections (f), (g), and (h), respectively; and 
(3) in subsection (f) (as so redesignated) by moving para-
graph (2) (including subparagraphs (A) through (D)) 2 ems 
to the left. 
(b) JUDICIAL REVIEW.—Chapter 51 is amended by redesignating 
section 5127 as section 5128 and by inserting after section 5126 
the following: 
‘‘§ 5127. Judicial review 
‘‘(a) FILING AND VENUE.—Except as provided in section 20114(c), 
a person adversely affected or aggrieved by a final action of the 
Secretary under this chapter may petition for review of the final 
action in the United States Court of Appeals for the District of
H. R. 3—765
Columbia or in the court of appeals for the United States for 
the circuit in which the person resides or has its principal place 
of business. The petition must be filed not more than 60 days 
after the Secretary’s action becomes final. 
‘‘(b) JUDICIAL PROCEDURES.—When a petition is filed under 
subsection (a), the clerk of the court immediately shall send a 
copy of the petition to the Secretary. The Secretary shall file with 
the court a record of any proceeding in which the final action 
was issued, as provided in section 2112 of title 28. 
‘‘(c) AUTHORITY OF COURT.—The court has exclusive jurisdiction, 
as provided in subchapter II of chapter 5 of title 5, to affirm 
or set aside any part of the Secretary’s final action and may order 
the Secretary to conduct further proceedings. 
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing a final 
action under this section, the court may consider an objection to 
a final action of the Secretary only if the objection was made 
in the course of a proceeding or review conducted by the Secretary 
or if there was a reasonable ground for not making the objection 
in the proceeding.’’. 
(c) CONFORMING AMENDMENT.—The analysis for chapter 51 is 
amended by striking the item relating to section 5127 and inserting 
the following:
‘‘5127. Judicial review. 
‘‘5128. Authorization of appropriations.’’.
SEC. 7124. RELATIONSHIP TO OTHER LAWS. 
Section 5126(a) is amended—
(1) by striking ‘‘or causes to be transported hazardous 
material,’’ and inserting ‘‘hazardous material, or causes haz-
ardous material to be transported,’’; 
(2) by striking ‘‘manufactures,’’ and all that follows through 
‘‘or sells’’ and inserting ‘‘designs, manufactures, fabricates, 
inspects, marks, maintains, reconditions, repairs, or tests a 
package, container, or packaging component that is rep-
resented’’; 
(3) by striking ‘‘must’’ and inserting ‘‘shall’’; and 
(4) by striking ‘‘manufacturing,’’ and all that follows 
through ‘‘testing’’ and inserting ‘‘designing, manufacturing, fab-
ricating, inspecting, marking, maintaining, reconditioning, 
repairing, or testing’’. 
SEC. 7125. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 (as redesignated by section 7123(b) of this Act) 
is amended to read as follows: 
‘‘§ 5128. Authorizations of appropriations 
‘‘(a) IN GENERAL.—In order to carry out this chapter (except 
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the fol-
lowing amounts are authorized to be appropriated to the Secretary: 
‘‘(1) For fiscal year 2005, $24,940,000. 
‘‘(2) For fiscal year 2006, $29,000,000. 
‘‘(3) For fiscal year 2007, $30,000,000. 
‘‘(4) For fiscal year 2008, $30,000,000. 
‘‘(b) 
HAZARDOUS
MATERIALS
EMERGENCY
PREPAREDNESS 
FUND.—There shall be available to the Secretary, from the account 
established pursuant to section 5116(i), for each of fiscal years 
2005 through 2008 the following: