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cial driver’s license that, as determined by the Secretary
of Homeland Security, are more stringent than the stand-
ards set forth in section 1572.5(d) of title 49, Code of Fed-
eral Regulations, then the State shall also provide an ap-
peals process similar to the process provided under section
1572.141 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 in a manner substantially similar to, and to the
same extent as, an individual who received an initial noti-
fication of threat assessment under part 1572 of that title.
(d) CLARIFICATION OF TERM DEFINED IN REGULA-
TIONS.—The term ‘‘severe transportation security inci-
dent’’, as defined in section 1572.3 of title 49, Code of Fed-
eral Regulations, does not include a work stoppage or other
nonviolent employee-related action resulting from an em-
ployer-employee dispute. Within 30 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall modify the definition of that term to reflect the pre-
ceding sentence.
(e) BACKGROUND CHECK CAPACITY.—The Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall transmit a report by October 1, 2005,
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
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Homeland Security on the implementation of fingerprint-
based security threat assessments and the adequacy of
fingerprinting locations, personnel, and resources to accom-
plish the timely processing of fingerprint-based security
threat assessments for individuals holding commercial driv-
er’s licenses who are applying to renew hazardous materials
endorsements.
SEC. 7326. REPRESENTATION AND TAMPERING.
(a) 
REPRESENTATION.—Section 
5104(a) 
is
amended—
(1) by striking ‘‘a container,’’ and all that fol-
lows through ‘‘packaging) for’’ and inserting ‘‘a pack-
age, component of a package, or packaging for’’; and
(2) by striking ‘‘the container’’ and all that fol-
lows 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 insert-
ing ‘‘No person may’’; and
(2) by inserting ‘‘component of a package, or
packaging,’’ after ‘‘package,’’ in paragraph (2).
SEC. 7327. TRANSPORTING CERTAIN MATERIAL.
Section 5105 is amended by striking subsection (d).
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SEC. 7328. HAZMAT EMPLOYEE TRAINING REQUIREMENTS
AND GRANTS.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5107 is amended by striking ‘‘of Trans-
portation’’ each place it appears in subsections (a), (b), (c)
(other than in paragraph (1)), (d), and (f).
(b) TRAINING GRANTS.—Section 5107(e) is amended—
(1) by striking ‘‘section 5127(c)(3)’’ and insert-
ing ‘‘section 5128(b)(1) of this title’’; and
(2) by inserting ‘‘and, to the extent determined
appropriate by the Secretary, grants for such instruc-
tors to train hazmat employees’’ after ‘‘employees’’ in
the first sentence thereof.
SEC. 7329. REGISTRATION.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5108 is amended by striking ‘‘of Trans-
portation’’ each place it appears in subsections (a), (b)
(other than following ‘‘Department’’), (d), (e), (f), (g), (h),
and (i).
(b) 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 ex-
plosive material’’.
(2) AUTHORITY TO REQUIRE TO FILE.—Section
5108(a)(2)(B) is amended to read as follows:
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‘‘(B) a person designing, manufacturing, fabri-
cating, inspecting, marking, maintaining, recondi-
tioning, repairing, or testing a package, container, or
packaging component that is represented, marked,
certified, or sold by that person as qualified for use
in transporting hazardous material in commerce.’’.
(3) NO
TRANSPORTATION
WITHOUT
FILING.—
Section 5108(a)(3) is amended by striking ‘‘fab-
ricate,’’ and all that follows through ‘‘package or’’
and inserting ‘‘design, manufacture, fabricate, in-
spect, mark, maintain, recondition, repair, or test a
package, container packaging component, or’’.
(c) FORM
AND
CONTENT
OF
FILINGS.—Section
5108(b)(1)(C) by striking ‘‘the activity.’’ and inserting
‘‘any of the activities.’’.
(d) FILING.—Section 5108(c) is amended to read as
follows:
‘‘(c) FILING.—Each person required to file a registra-
tion statement under subsection (a) of this section shall file
the statement in accordance with regulations prescribed by
the Secretary.’’.
(e) FEES.—Section 5108(g)(1) is amended by striking
‘‘may establish,’’ and inserting ‘‘shall establish,’’.
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(f) 
RELATIONSHIP
TO
OTHER
LAWS.—Section
5108(i)(2)(B) is amended by inserting ‘‘an Indian tribe,’’
after ‘‘subdivision of a State,’’.
(g) REGISTRATION AND ANNUAL FEES.—
(1) REDUCTION IN CAP.—Section 5108(g)(2)(A)
is amended by striking ‘‘$5,000’’ and inserting
‘‘$3,000’’.
(2) RULEMAKING.—Any rule, regulation, or
order issued by the Secretary of Transportation under
which the assessment, payment, or collection of fees
under section 5108(g) of title 49, United States Code,
was suspended or terminated before the date of enact-
ment of this Act is declared null and void effective 30
days after such date of enactment. Beginning on the
31st day after such date of enactment, the fee schedule
established by the Secretary and set forth at 65 Fed-
eral Register 7297 (as modified by the rule set forth
at 67 Federal Register 58343) shall take effect and
apply until such time as it may be modified by a
rulemaking proceeding.
(3) PLANNING AND TRAINING GRANTS.—Notwith-
standing any other provision of law to the contrary,
including any limitation on the amount of grants au-
thorized by section 5116 of title 49, United States
Code, not contained in that section, the Secretary
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shall make grants under that section from the account
established under section 5116(i) to reduce the balance
in that account over the 4 fiscal year period begin-
ning with fiscal year 2006, but in no fiscal year shall
the grants distributed exceed the level authorized by
section 5116 of title 49, United States Code.
SEC. 7330. SHIPPING PAPERS AND DISCLOSURE.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5110(a) is amended by striking ‘‘of
Transportation’’.
(b) DISCLOSURE CONSIDERATIONS
AND REQUIRE-
MENTS.—Section 5110 is amended—
(1) by striking ‘‘under subsection (b) of this sec-
tion.’’ in subsection (a) and inserting ‘‘in regula-
tions.’’;
(2) by striking subsection (b); and
(3) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
(c) RETENTION OF PAPERS.—Subsection (d) of section
5110, as redesignated by subsection (b)(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
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3 years after the date that the shipping paper is pro-
vided to the carrier, with the paper or electronic for-
mat 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 pro-
vided to the carrier, with the paper or electronic for-
mat to be accessible through the carrier’s principal
place of business.
‘‘(3) AVAILABILITY
TO
GOVERNMENT
AGEN-
CIES.—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. 7331. RAIL TANK CARS.
(a) REPEAL OF REQUIREMENTS.—Section 5111 is re-
pealed.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 51 is amended by striking the item relating to sec-
tion 5111.
SEC. 7332. UNSATISFACTORY SAFETY RATINGS.
(a) IN GENERAL.—The text of section 5113 is amended
to read as follows:
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‘‘A violation of section 31144(c)(3) of this title shall
be considered a violation of this chapter, and shall be subject
to the penalties in sections 5123 and 5124 of this title.’’.
(b) CONFORMING AMENDMENTS.—The first subsection
(c) of section 31144 is amended—
(1) by striking ‘‘sections 521(b)(5)(A) and 5113’’
in paragraph (1) and inserting ‘‘section 521(b)(5)(A)
of this title’’; and
(2) by adding at the end of paragraph (3) ‘‘A
violation of this paragraph by an owner or operator
transporting hazardous material shall be considered a
violation of chapter 51 of this title, and shall be sub-
ject to the penalties in sections 5123 and 5124 of this
title.’’.
SEC. 7333. TRAINING CURRICULUM FOR THE PUBLIC SEC-
TOR.
(a) IN GENERAL.—Section 5115(a) is amended to read
as follows:
‘‘(a) IN GENERAL.—In coordination with the Director
of the Federal Emergency Management Agency, the Chair-
man of the Nuclear Regulatory Commission, the Adminis-
trator of the Environmental Protection Agency, the Secre-
taries of Labor, Energy, and Health and Human Services,
and the Director of the National Institute of Environmental
Health Sciences, and using existing coordinating mecha-
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nisms of the National Response Team and, for radioactive
material, the Federal Radiological Preparedness Coordi-
nating Committee, the Secretary shall maintain a current
curriculum of lists of courses necessary to train public sec-
tor emergency response and preparedness teams in matters
relating to the transportation of hazardous material.’’.
(b) REQUIREMENTS.—Section 5115(b) is amended—
(1) by striking ‘‘developed’’ in the matter pre-
ceding paragraph (1) and inserting ‘‘maintained’’;
and
(2) by striking ‘‘under other United States Gov-
ernment grant programs’’ in paragraph (1)(C) and
all that follows and inserting ‘‘with Federal assist-
ance; and’’.
(c) TRAINING ON COMPLIANCE WITH LEGAL REQUIRE-
MENTS.—Section 5115(c)(3) is amended by striking ‘‘Asso-
ciation.’’ and inserting ‘‘Association or by any other vol-
untary organization establishing consensus-based standards
that the Secretary considers appropriate.’’.
(d) 
DISTRIBUTION
AND
PUBLICATION.—Section
5115(d) is amended—
(1) by striking ‘‘national response team—’’ and
inserting ‘‘National Response Team—’’; and
(2) by striking ‘‘publish a list’’ in paragraph (2)
and all that follows and inserting ‘‘publish and dis-
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tribute the list of courses maintained under this sec-
tion, and of any programs utilizing such courses.’’.
SEC. 7334. PLANNING AND TRAINING GRANTS; EMERGENCY
PREPAREDNESS FUND.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5116 is amended by striking ‘‘of Trans-
portation’’ each place it appears in subsections (a), (b), (c),
(d), (g), and (i).
(b) GOVERNMENT SHARE OF COSTS.—Section 5116(e)
is amended by striking the second sentence.
(c) MONITORING AND TECHNICAL ASSISTANCE.—Sec-
tion 5116(f) is amended by striking ‘‘national response
team’’ and inserting ‘‘National Response Team’’.
(d) DELEGATION OF AUTHORITY.—Section 5116(g) is
amended by striking ‘‘Government grant programs’’ and
inserting ‘‘Federal financial assistance programs’’.
(e) EMERGENCY PREPAREDNESS FUND.—
(1) NAME OF FUND.—Section 5116(i) is amend-
ed by inserting after ‘‘an account’’ the following: ‘‘(to
be known as the ‘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’’;
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(B) by striking ‘‘and’’ after the semicolon in
paragraph (2);
(C) by redesignating paragraph (3) as
paragraph (4); and
(D) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) to publish and distribute an emergency re-
sponse guide; and’’.
(3) 
CONFORMING
AMENDMENT.—Section
5108(g)(2)(C) is amended by striking ‘‘the account the
Secretary of the Treasury establishes’’ and inserting
‘‘the Emergency Response Fund established’’.
(f) REPORTS.—Section 5116(k) is amended—
(1) by striking the first sentence and inserting
‘‘The Secretary shall make available to the public an-
nually information on the allocation and uses of the
planning grants allocated under subsection (a), train-
ing grants under subsection (b), and grants under
subsection (j) of this section and under section 5107
of this title.’’; and
(2) by striking ‘‘Such report’’ in the second sen-
tence and inserting ‘‘The information’’.
SEC. 7335. SPECIAL PERMITS AND EXCLUSIONS.
(a) SPECIAL PERMITS AND EXCLUSIONS.—
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(1) IN GENERAL.—Section 5117(a)(1) is amend-
ed by striking ‘‘the Secretary of Transportation may
issue’’ and all that follows through ‘‘in a way’’ and
inserting ‘‘the Secretary may issue, modify, or termi-
nate a special permit authorizing variances from this
chapter, or a regulation prescribed under section
5103(b), 5104, 5110, or 5112 of this title, to a person
performing a function regulated by the Secretary
under section 5103(b)(1) of this title in a way’’.
(2) DURATION.—Section 5117(a)(2) is amended
to read as follows:
‘‘(2) A special permit under this subsection—
‘‘(A) shall be effective when first issued for
not more than 2 years; and
‘‘(B) may be renewed for successive periods
of not more than 4 years each.’’.
(b) REFERENCES
TO SPECIAL PERMITS.—Section
5117 is further amended—
(1) by striking ‘‘an exemption’’ each place it ap-
pears and inserting ‘‘a special permit’’;
(2) by striking ‘‘the exemption’’ each place it ap-
pears and inserting ‘‘the special permit’’; and
(3) by striking ‘‘exempt’’ in subsection (e) and
inserting ‘‘granted a variance’’.
(c) CONFORMING AND CLERICAL AMENDMENTS.—