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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Hazardous Materials Cooperative
Research Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

Congress finds the following:
(1) There are more than 1,000,000 shipments per day in the
United States of materials identified as hazardous by the
United States Department of Transportation. These shipments are
estimated to total 2,100,000,000 tons of hazardous cargo per
year and to comprise more than 18 percent of the total freight
tonnage moved in the United States annually.
(2) Hazardous materials are shipped by all transportation
modes and it is estimated that there are currently 400,000
large trucks, 115,000 railroad tank cars, and 3,000 tank barges
dedicated to the shipment of hazardous materials.
(3) More than a dozen Federal agencies have regulatory,
enforcement, and operational responsibilities for ensuring the
safety and security of hazardous materials shipments. In
addition, a variety of State and local agencies have
responsibility for developing and enforcing State-level
regulations and for responding to incidents involving hazardous
materials.
(4) Decisions regarding the packaging and routing of
hazardous materials shipments, the development and
implementation of procedures to ensure both the safety and
security of such shipments, and the regulation of hazardous
materials shipments are made by industry groups and government
entities at a variety of levels and in all modal
administrations of the Department of Transportation on a daily
basis.
(5) The Federal agencies involved in the regulation and
oversight of hazardous materials shipments as well as State and
local governments, carriers, shippers, and other groups conduct
on-going research on the transportation of hazardous materials.
However, much of this research is program or mode-specific and
as such is focused on addressing only the regulatory,
inspection, enforcement, or operational needs of the group
undertaking the research.
(6) There is a documented need for the establishment of a
cooperative research program that will engage all modes and
actors, both public and private, involved in the transportation
of hazardous materials in conducting cross-cutting assessments
of hazardous materials transportation issues that are national
and multi-modal in scope and application.

SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM.

(a) In General.--From the amounts made available under section 5127
of title 49, United States Code, the Secretary of Transportation may
obligate not to exceed $2,000,000 per fiscal year to develop and
administer a hazardous materials cooperative research program.
(b) Governance.--The Secretary of Transportation shall establish an
independent governing board to select projects and studies to be
carried out under the hazardous materials cooperative research program.
The Board shall be comprised of one voting representative from the
following:
(1) The Federal Aviation Administration.
(2) The Federal Motor Carrier Administration.
(3) The Federal Transit Administration.
(4) The Federal Railroad Administration.
(5) The Maritime Administration.
(6) The Research and Innovative Technology Administration.
(7) The Pipeline and Hazardous Materials Safety
Administration.
(8) The Department of Homeland Security.
(9) The Department of Energy.
(10) The Environmental Protection Agency.
(11) A State department of transportation.
(12) A State emergency management agency.
(13) A nonprofit organization representing emergency
responders.
(14) A hazmat employer.
(15) A nonprofit organization representing hazmat
employees.
(16) A hazardous materials shipper.
(17) A hazardous materials manufacturer.
(18) An organization representing the hazardous materials
manufacturing industry.
(19) A research university or research institution.
(20) Additional representatives as the Secretary considers
appropriate.
(c) Research Studies.--Under the cooperative research program, the
governing board shall select cooperative research studies of hazardous
materials transportation that are cross-cutting in nature and that
consider issues not adequately addressed by existing Federal or private
sector research programs. Priority shall be given to research studies
that will yield results immediately applicable to risk analysis and
mitigation or that will strengthen the ability of first responders to
respond to incidents and accidents involving transportation of
hazardous materials.
(d) Special Rules Regarding Studies.--
(1) Safety and security.--The purpose of at least one of
the studies to be conducted under the cooperative research
program shall be--
(A) to provide an assessment of opportunities for
integrating and supplementing safety and security
measures for hazardous materials transportation;
(B) to identify areas where safety and security
measures currently utilized in the transportation of
hazardous materials conflict or complement one another;
(C) to outline a comprehensive approach to
hazardous materials transportation that effectively
incorporates safety and security procedures; and
(D) to produce a model of reasonable State and
local risk response and management plans that
effectively address safety and security of hazardous
materials transportation.
(2) Performance data for bulk containers .--The purpose of
at least one of the studies to be conducted under the research
program shall be to provide--
(A) an analysis of, and recommendations for, the
design and funding of a nationwide system capable of
collecting and analyzing performance data from bulk
containers involved in transportation accidents; and
(B) recommendations that can be used to develop
conditional release probabilities for various container
design specifications (by transport mode).
(3) Packaging requirements.-- The purpose of at least one
of the studies to be conducted under the research program shall
be to provide an analysis of recommendations on appropriate
packaging requirements for those hazardous materials that are
most frequently involved in release incidents.
(4) Routing.--The purpose of at least one of the studies to
be conducted under the research program shall be to identify
the components that could comprise a model of risk and
consequence analysis in rail and highway transportation and
that can be used to facilitate decisionmaking regarding the
routing of hazardous materials shipments and the development of
regulations regarding mandatory routing decisions.
(5) Response coverage.--The purpose of at least one of the
studies to be conducted under the research program shall be to
provide an assessment of the quality of response coverage for
hazardous materials incidents, including cost-effective
strategies for improving response capabilities and making
recommendations on systematic approaches that could be used to
allocate government funding to enhance response capability.
(6) Response guidelines.--The purpose of at least one of
the studies to be conducted under the research program shall
be--
(A) to develop a guideline document for use by
emergency responders and handlers to guide their
response to incidents involving hazardous materials and
to define the roles and responsibilities of carriers
and shippers in event response; and
(B) to detail event response procedures that can be
consistently applied across all modes.
(e) Implementation.--The Secretary of Transportation shall make
grants to, and enter a cooperative agreement with, the National Academy
of Sciences to carry out activities under this Act.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the effectiveness of the program in meeting the needs of government and
the private sector for cooperative research on hazardous materials
transportation.
(g) Definitions.--In this Act, the terms ''hazmat employer'' and
''hazmat employee'' have the meaning given those terms in section 5102
of title 49, United States Code.
Hazardous Materials Cooperative Research Act of 2005 - Authorizes the Secretary of Transportation to obligate for each fiscal year certain hazardous materials transportation funds to develop and administer a hazardous materials cooperative research program. Directs the Secretary to establish an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.