safely respond to accidents and incidents involving 
the transportation of hazardous material. 
(2) CONSULTATION.—In carrying out the as-
sessment, the Secretary may collaborate with the na-
tional hazardous materials fusion center established 
under section 5128 of title 49, United States Code, 
(as added by section 104 of this Act) and organiza-
tions representing volunteer fire services personnel. 
(b) PILOT PROGRAM.— 
(1) IN GENERAL.—Upon completion of the as-
sessment, the Secretary may carry out a volunteer 
firefighter hazardous material training pilot program 
based on the results of the assessment. 
(2) ACTIVITIES.—Under the pilot program, the 
Secretary, in order to assist volunteer fire services 
personnel in safely responding to accidents and inci-
dents involving the transportation of hazardous ma-
terial, may— 
(A) develop innovative measures for deliv-
ering training; 
(B) determine authorized training pro-
grams that are eligible for reimbursement from 
the Secretary; 
(C) provide assistance to volunteer fire 
services personnel to enable the acquisition of 
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training materials and supplies and to support 
preparedness training and exercises; and 
(D) coordinate with Federal, State, and 
local agencies to foster the exchange of fire-re-
lated training information and resources. 
(c) REPORT.—Upon completion of the assessment 
and, if applicable, the pilot program, the Secretary shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the assessment and pilot 
program, including any recommendations for strength-
ening training for volunteer firefighters to safely respond 
to accidents and incidents involving the transportation of 
hazardous material. 
SEC. 104. NATIONAL HAZARDOUS MATERIALS FUSION CEN-
TER. 
(a) IN GENERAL.—Chapter 51 is amended by redes-
ignating section 5128 as section 5129 and by inserting 
after section 5127 the following: 
‘‘§ 5128. National hazardous materials fusion center 
‘‘(a) IN GENERAL.—The Secretary shall establish 
and maintain a national hazardous materials fusion center 
to serve as a data and information network for emergency 
response providers, Federal, State, and local government 
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agencies, and for-profit and nonprofit organizations that 
are engaged in hazardous material response. 
‘‘(b) DUTIES.—The center shall— 
‘‘(1) enhance emergency response provider com-
munication and safety with respect to accidents and 
incidents involving the transportation of hazardous 
material; 
‘‘(2) improve decisionmaking for the prevention 
and mitigation of such accidents and incidents; 
‘‘(3) establish and operate regional incident sur-
vey teams to— 
‘‘(A) determine lessons learned from emer-
gency response providers involved in such acci-
dents or incidents; 
‘‘(B) develop best practices for responding 
to such accidents or incidents; and 
‘‘(C) improve curricula and training mate-
rials for emergency response providers in re-
sponding to such accidents and incidents; and 
‘‘(4) collect and analyze data from the re-
sponses to accidents and incidents involving the 
transportation of hazardous material in order to un-
derstand accident and incident trends and patterns 
and develop recommendations for performance meas-
ures for the safe response to hazardous material ac-
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cidents and incidents, including the safety of emer-
gency response providers and the public. 
‘‘(c) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) EMERGENCY RESPONSE PROVIDER.—The 
term ‘emergency response provider’ includes Federal, 
State, and local governmental and nongovernmental 
emergency public safety, fire, law enforcement, 
emergency response, emergency medical (including 
hospital emergency facilities), and related personnel, 
agencies, and authorities. 
‘‘(2) REGIONAL INCIDENT SURVEY TEAM.—The 
term ‘regional incident survey team’ means a team 
that is established by the national hazardous mate-
rials fusion center and that is composed of persons 
who are skilled by reason of education, training, or 
experience in responding to hazardous material acci-
dents and incidents. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$1,000,000 for each of fiscal years 2011, 2012, 2013, and 
2014.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by striking the item relating to section 
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5128 and inserting after the item relating to section 5127 
the following: 
‘‘5128. National hazardous materials fusion center. 
‘‘5129. Authorization of appropriations.’’. 
SEC. 105. PAPERLESS HAZARD COMMUNICATIONS PILOT 
PROGRAM. 
(a) IN GENERAL.—The Secretary may conduct 3 
pilot projects, at least 1 of which shall be in a rural area, 
to evaluate the feasibility and effectiveness of using 
paperless hazard communications systems. 
(b) 
REQUIREMENTS.—In 
conducting 
the 
pilot 
projects, the Secretary— 
(1) may not waive the requirements of section 
5110 of title 49, United States Code; and 
(2) shall consult with organizations rep-
resenting— 
(A) fire services personnel; 
(B) law enforcement and other appropriate 
enforcement personnel; 
(C) other emergency response providers; 
(D) persons who offer hazardous material 
for transportation; 
(E) persons who transport hazardous ma-
terial by air, highway, rail, and water; and 
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(F) employees of persons who transport or 
offer for transportation hazardous material by 
air, highway, rail, and water. 
(c) REPORTS.— 
(1) INTERIM REPORT.—Not later than 3 years 
after the date of enactment of this Act, the Sec-
retary shall— 
(A) prepare an interim report on the re-
sults of the pilot projects carried out under this 
section, including— 
(i) a detailed description of the pilot 
projects; 
(ii) an evaluation of each pilot project, 
including an evaluation of the performance 
of each paperless hazard communications 
system in such project; 
(iii) an assessment of the safety and 
security impact of using paperless hazard 
communications systems, including any im-
pact on the public, emergency response, 
law enforcement, and the conduct of in-
spections and investigations; and 
(iv) a recommendation on whether 
paperless hazard communications systems 
should be incorporated into the Federal 
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hazardous material transportation safety 
program under chapter 51 of title 49, 
United States Code, on a permanent basis; 
and 
(B) transmit such interim report to the or-
ganizations consulted under subsection (b)(2) 
and request that such organizations provide 
written comments in response to the interim re-
port within 60 days. 
(2) FINAL REPORT.—Not later than 120 days 
after transmitting the interim report to the organi-
zations consulted under subsection (b)(2), the Sec-
retary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a final report on 
the results of the pilot projects carried out under 
this section, including the matter described in para-
graph (1)(A) and any written comments received 
pursuant to paragraph (1)(B). 
(d) PAPERLESS HAZARD COMMUNICATIONS SYSTEM 
DEFINED.—In this section, the term ‘‘paperless hazard 
communications system’’ means the use of advanced com-
munications methods, such as wireless communications 
devices, to convey hazard information between all parties 
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in the transportation chain, including emergency respond-
ers and law enforcement personnel. 
TITLE II—STRENGTHENING 
HAZARDOUS MATERIAL SAFETY 
SEC. 201. TRANSPORTATION OF LITHIUM CELLS AND BAT-
TERIES ON BOARD AIRCRAFT. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5110 the following: 
‘‘§ 5111. Transportation of lithium cells and batteries 
on board aircraft 
‘‘(a) REVISIONS TO CURRENT REGULATIONS.—Not 
later than 24 months after the date of enactment of the 
Hazardous Material Transportation Safety Act of 2009, 
the Administrator of the Pipeline and Hazardous Mate-
rials Safety Administration, in coordination with the Ad-
ministrator of the Federal Aviation Administration, shall 
issue regulations in accordance with this section to provide 
for the safe transportation of lithium cells and batteries 
on board aircraft. 
‘‘(b) REQUIREMENTS.—In carrying out subsection 
(a), the Administrator of the Pipeline and Hazardous Ma-
terials Safety Administration, at a minimum, shall— 
‘‘(1) require packages containing lithium cells 
and batteries to be identified as hazardous material 
in a manner that clearly conveys the properties, haz-
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ards, and dangers of such cells and batteries on such 
packages and in shipping documents; 
‘‘(2) establish requirements for testing and re- 
testing lithium cells and batteries that, at a min-
imum, are equivalent to the United Nations testing 
regime; 
‘‘(3) provide for an appropriate marking or 
other measure that indicates that lithium cells and 
batteries are in compliance with the requirements es-
tablished under paragraph (2); 
‘‘(4) adopt a watt-hours requirement in lieu of 
equivalent lithium content to provide a more easily 
understood measure of the hazard posed by lithium- 
ion cells and batteries; 
‘‘(5) establish appropriate packaging perform-
ance requirements, including outer packaging per-
formance requirements, for lithium cells and bat-
teries to minimize risk during transportation on 
board aircraft, including the prevention of short- 
circuiting, overheating, initiation of fires, and fire 
propagation; 
‘‘(6) establish limits on the number of packages 
containing lithium cells and batteries that may be 
transported in a unit load device, pallet, or container 
on board an aircraft based on the watt-hour rating 
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of the total number of lithium cells and batteries in 
a package; 
‘‘(7) limit the stowage of lithium cells and bat-
teries to crew accessible locations on aircraft, unless 
such cells and batteries are transported in a fire-re-
sistant container or the aircraft contains a fire sup-
pression system capable of extinguishing or control-
ling a fire involving a lithium cell or battery; and 
‘‘(8) require reporting of all accidents and inci-
dents involving lithium cells and batteries that occur 
on board an aircraft or during loading or unloading 
operations or storage incidental to movement and re-
quire retention of the failed cells and batteries for 
evaluation purposes. 
‘‘(c) BATTERIES SHIPPED FOR PERSONAL USE.— 
The Administrator, in coordination with the Administrator 
of the Federal Aviation Administration, shall except from 
the regulations established under subsection (a) small 
quantities of lithium cells or batteries that are shipped on 
board aircraft for the personal use of the receiver of the 
shipment. 
‘‘(d) REVIEW OF EXEMPTIONS.—The Administrator 
of the Pipeline and Hazardous Materials Safety Adminis-
tration, in coordination with the Administrator of the Fed-
eral Aviation Administration, shall review all special per-
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mits and approvals issued by the Administrator that allow 
holders of and parties to such special permits and approv-
als to deviate from requirements for the transportation of 
lithium cells or batteries on board aircraft to determine 
if such special permits and approvals should be terminated 
or modified to reflect regulations established pursuant to 
this section. 
‘‘(e) TRANSPORTATION OF DEFECTIVE OR DAMAGED 
BATTERIES.— 
‘‘(1) IN GENERAL.—The Administrator of the 
Pipeline and Hazardous Materials Safety Adminis-
tration, in coordination with the Administrator of 
the Federal Aviation Administration, shall prohibit 
the transportation on board aircraft of lithium cells 
and batteries identified by the manufacturer or a 
Federal Government entity as being defective for 
safety reasons or damaged and that have the poten-
tial of producing heat or fire or short-circuiting on 
board aircraft. The Administrator of the Pipeline 
and Hazardous Materials Safety Administration 
shall establish appropriate safety measures for 
transporting (other than on board aircraft) such de-
fective or damaged lithium cells and batteries. 
‘‘(2) RECALLS.—When such lithium cells or 
batteries are recalled for safety reasons, the Admin-
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istrator of the Pipeline and Hazardous Materials 
Safety Administration, in consultation with the Con-
sumer Product Safety Commission, shall establish a 
mechanism for appropriate notification to the manu-
facturer and consumers that these items are prohib-
ited from being transported on board aircraft. 
‘‘(f) SIMPLIFICATION AND CONSOLIDATION OF RE-
QUIREMENTS.— 
‘‘(1) IN GENERAL.—The Administrator of the 
Pipeline and Hazardous Materials Safety Adminis-
tration, in coordination with the Administrator of 
the Federal Aviation Administration, shall consoli-
date and simplify for clarity, ease of understanding, 
and use the regulations of the Department of Trans-
portation governing requirements for the transpor-
tation of lithium cells and batteries on board air-
craft. 
‘‘(2) EDUCATION.—The Administrator of the 
Pipeline and Hazardous Materials Safety Adminis-
tration, in coordination with the Administrator of 
the Federal Aviation Administration, shall review 
and modify, as necessary, the existing program to 
educate and provide guidance to the air traveling 
public, including flight crews, about how to safely 
carry authorized lithium cells or batteries or elec-
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tronic devices containing such cells or batteries on 
board an aircraft and shall establish a process to pe-
riodically measure the effectiveness of efforts to edu-
cate the air traveling public, including flight crews. 
‘‘(g) 
NONPREEMPTION
OF
CERTAIN
REGULA-
TIONS.— 
‘‘(1) PRIMARY LITHIUM BATTERIES.—The Sec-
retary shall continue in effect the prohibition on the 
transportation of primary lithium batteries and cells 
on board passenger-carrying aircraft, unless the Sec-
retary issues, through publication in the Federal 
Register, a determination that such prohibition must 
be modified or withdrawn. 
‘‘(2) 
PASSENGER
EXCEPTION.—Notwith-
standing paragraph (1), the exceptions provided for 
passengers, crew members, and air operators in sec-
tion 175.10 of title 49, Code of Federal Regulations, 
shall remain in effect unless the Secretary issues, 
through publication in the Federal Register, a deter-
mination that the regulation in such section must be 
modified or withdrawn for safety reasons. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) BATTERY.—The term ‘battery’ means 1 or 
more cells that are electrically connected by perma-
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nent means and includes the case, terminals, and 
markings. 
‘‘(2) CELL.—The term ‘cell’ means a single en-
cased electrochemical unit (1 positive and 1 negative 
electrode) that exhibits a voltage differential across 
its 2 terminals. 
‘‘(3) LITHIUM CELL OR BATTERY.—The term 
‘lithium cell or battery’ means a primary lithium cell 
or battery or a lithium-ion cell or battery. 
‘‘(4) LITHIUM-ION
CELL
OR
BATTERY.—The 
term ‘lithium-ion cell or battery’ means a recharge-
able electrochemical cell or battery in which the posi-
tive and negative electrodes are both intercalation 
compounds constructed with no metallic lithium in 
either electrode. A lithium polymer cell or battery 
that uses lithium-ion chemistries shall be considered 
to be a lithium-ion cell or battery. 
‘‘(5) PRIMARY LITHIUM CELL OR BATTERY.— 
The term ‘primary lithium cell or battery’ means a 
lithium metal cell or battery that is not designed to 
be electrically charged or recharged.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 51 is amended by inserting after the item relating to 
section 5110 the following: 
‘‘Sec. 5111. Transportation of lithium cells and batteries on board aircraft.’’. 
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SEC. 202. REQUIREMENTS RELATING TO EXTERNAL PROD-
UCT 
PIPING 
ON 
CARGO 
TANKS 
TRANS-
PORTING FLAMMABLE LIQUID. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5117 the following: 
‘‘§ 5118. Requirements relating to external product 
piping on cargo tanks transporting flam-
mable liquid 
‘‘(a) IN GENERAL.— 
‘‘(1) PROHIBITION
FOR
NEW
CARGO
TANK 
MOTOR VEHICLES.—Subject to subsection (b), the 
Secretary shall prohibit the transportation of a Class 
3 flammable liquid in the external product piping of 
a cargo tank motor vehicle manufactured on or after 
the 2-year period beginning on the date of enact-
ment of the Hazardous Material Transportation 
Safety Act of 2009. 
‘‘(2) PROHIBITION FOR EXISTING CARGO TANK 
MOTOR
VEHICLES.—Subject to subsection (b), no 
person may offer for transportation or transport a 
Class 3 flammable liquid in the external product pip-
ing of a cargo tank motor vehicle on or after Decem-
ber 31, 2020. 
‘‘(b) LIMITATION
ON APPLICABILITY.—Subsection 
(a) does not apply— 
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‘‘(1) to a cargo tank motor vehicle designed and 
constructed with engine, body, and cargo tank per-
manently mounted on the same chassis with product 
piping protected from impact by another motor vehi-
cle by the structural components of the cargo tank 
motor vehicle, such as damage protection guards, 
framing members, or wheel assemblies; or 
‘‘(2) to a minimal amount, as determined by 
the Secretary by regulation, of hazardous material 
residue that remains in the external product piping 
after the piping is drained. 
‘‘(c) ENFORCEMENT PERSONNEL.— 
‘‘(1) IN GENERAL.—The Secretary shall issue 
guidance to motor carrier safety enforcement per-
sonnel on how to conduct inspections of cargo tank 
motor vehicles in a manner that ensures safety. The 
guidance shall prohibit such enforcement personnel 
from opening valves of external product piping dur-
ing inspections or conducting any other activity that 
could cause the release of hazardous material at the 
inspection site. 
‘‘(2) CONSULTATION.—In developing the guid-
ance under paragraph (1), the Secretary shall con-
sult with a nonprofit organization comprised of Fed-
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eral, State, and local motor carrier safety enforce-
ment personnel. 
‘‘(d) WORKER SAFETY.— 
‘‘(1) IN GENERAL.—The Secretary and the Sec-
retary of Labor shall each review and update, as ap-
propriate, existing standards of the Secretary to en-
sure that personnel who conduct any activities pur-
suant to this section, including welding, are ade-
quately protected. 
‘‘(2) CONSULTATION.—In conducting the review 
and update under paragraph (1), the Secretary and 
the Secretary of Labor shall each consult, as appro-
priate, with a nonprofit organization representing 
employees of cargo tank motor vehicle operators and 
a nonprofit organization representing cargo tank 
motor vehicle owners and operators. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CARGO TANK MOTOR VEHICLE.—The term 
‘cargo tank motor vehicle’ has the meaning given 
such term in part 171 of title 49, Code of Federal 
Regulations, as in effect on the date of enactment of 
the Hazardous Material Transportation Safety Act 
of 2009. 
‘‘(2) CLASS 3 FLAMMABLE LIQUID.—The term 
‘Class 3 flammable liquid’ has the meaning given 
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