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SEC. 7323. GENERAL REGULATORY AUTHORITY.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5103(a) is amended by striking ‘‘of
Transportation’’.
(b) DESIGNATING MATERIAL AS HAZARDOUS.—Sec-
tion 5103(a) is further amended—
(1) by striking ‘‘etiologic agent’’ and all that fol-
lows through ‘‘corrosive material,’’ and inserting ‘‘in-
fectious substance, flammable or combustible liquid,
solid, or gas, toxic, oxidizing, or corrosive material,’’;
and
(2) by striking ‘‘decides’’ and inserting ‘‘deter-
mines’’.
(c) REGULATIONS FOR SAFE TRANSPORTATION.—Sec-
tion 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, 
fab-
ricates, inspects, marks, maintains, recondi-
tions, repairs, or tests a package, container,
or packaging component that is represented,
marked, certified, or sold by that person as
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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 com-
merce;
‘‘(vi) certifies compliance with any re-
quirement under this chapter; or
‘‘(vii) misrepresents whether such per-
son is engaged in any activity under clause
(i) through (vi) of this subparagraph; and’’.
(d) TECHNICAL AMENDMENT REGARDING CONSULTA-
TION.—Section 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 transportation of hazardous material, the Secretary
of Homeland Security shall consult with the Secretary of
Transportation.’’.
SEC. 7324. LIMITATION ON ISSUANCE OF HAZMAT LI-
CENSES.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5103a is amended by striking ‘‘of Trans-
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portation’’ each place it appears in subsections (a)(1),
(c)(1)(B), and (d) and inserting ‘‘of Homeland Security’’.
(b) 
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 material by the Secretary for which
the Secretary requires placarding of a commercial motor
vehicle transporting that material in commerce.’’.
(c) RECOMMENDATIONS ON CHEMICAL OR BIOLOGICAL
MATERIALS.—Section 5103a is further amended—
(1) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) RECOMMENDATIONS ON CHEMICAL AND BIOLOGI-
CAL MATERIALS.—The Secretary of Health and Human
Services shall recommend to the Secretary any chemical or
biological material or agent for regulation as a hazardous
material under section 5103(a) of this title if the Secretary
of Health and Human Services determines that such mate-
rial or agent is a threat to the national security of the
United States.’’.
(d) CONFORMING AMENDMENT.—Section 5103a(a)(1)
is amended by striking ‘‘subsection (c)(1)(B),’’ and insert-
ing ‘‘subsection (d)(1)(B),’’.
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SEC. 7325. BACKGROUND CHECKS FOR DRIVERS HAULING
HAZARDOUS MATERIALS.
(a) FOREIGN DRIVERS.—
(1) IN GENERAL.—No commercial motor vehicle
operator registered to operate in Mexico or Canada
may operate a commercial motor vehicle transporting
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 li-
censed in the United States to transport hazardous
materials in commerce.
(2) DEFINITIONS.—In this subsection:
(A) HAZARDOUS
MATERIALS.—The term
‘‘hazardous material’’ has the meaning given
that term in section 5102(2) of title 49, United
States Code.
(B) COMMERCIAL
MOTOR
VEHICLE.—The
term ‘‘commercial motor vehicle’’ has the mean-
ing given that term by section 31101 of title 49,
United States Code.
(b) OTHER DRIVERS.—
(1) EMPLOYER NOTIFICATION.—Within 90 days
after the date of enactment of this Act, the Assistant
Secretary of Homeland Security for Transportation
Security shall develop and implement a process for
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the notification of a hazmat employer (as defined in
section 5102(4) of title 49, United States Code), if ap-
propriate considering the potential security implica-
tions, designated by an applicant seeking a threat as-
sessment under part 1572 of title 49, Code of Federal
Regulations, if the Transportation Security Adminis-
tration, in an initial notification of threat assessment
or a final notification of threat assessment, served on
the applicant determines that the applicant does not
meet the standards set forth in section 1572.5(d) of
title 49, Code of Federal Regulations.
(2) RELATIONSHIP
TO
OTHER
BACKGROUND
RECORDS CHECKS.—
(A) 
ELIMINATION
OF
REDUNDANT
CHECKS.—An individual with respect to whom
the Transportation Security Administration—
(i) has performed a security threat as-
sessment under part 1572 of title 49, Code
of Federal Regulations, and
(ii) has issued a notification of no se-
curity threat under section 1572.5(g) of that
title,
is deemed to have met the requirements of any
other background check that is equivalent to, or
less stringent than, the background check per-
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formed under section 5103a of title 49, United
States Code, that is required for purposes of any
Federal law applicable to transportation work-
ers.
(B) DETERMINATION
BY
ASSISTANT
SEC-
RETARY.—Within 30 days after the date of en-
actment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security
Administration) shall initiate a rulemaking pro-
ceeding, including notice and opportunity for
comment, that sets forth the background checks
and other similar security or threat assessment
requirements applicable to transportation work-
ers under Federal law to which subparagraph
(A) applies.
(C) FUTURE RULEMAKINGS.—The Assistant
Secretary shall make a determination under the
criteria established under subparagraph (B) with
respect to any rulemaking proceeding to establish
or modify required background checks for trans-
portation workers initiated after the date of en-
actment of this Act.
(c) APPEALS PROCESS FOR MORE STRINGENT STATE
PROCEDURES.—If a State establishes standards for appli-
cants for a hazardous materials endorsement to a commer-