Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

    (2) COORDINATION WITH STAKEHOLDERS.--The outreach program shall be designed and conducted in conjunction with national school bus transportation associations and other stakeholders.

    (3) COMPONENTS.--The outreach program shall--

    (A) inform potential grant recipients on the process of applying for grants;

    (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 considered 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 `recovered 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 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

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(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 accordance with subsection (b), may realize energy savings and environmental benefits attainable with substitution of recovered 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 requirements, 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 recovered 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 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 substitution 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 environmental 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 specifications 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 paragraph (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 consider 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).

    ``(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 Transportation 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 materials transportation that--

    (1) approximately 4,000,000,000 tons of regulated hazardous 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, hazardous 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 desirable; 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 purpose'' and all that follows through the period at the end and inserting the following: ``The purpose of this chapter is to protect 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-operator of a motor vehicle, vessel, or aircraft) transporting 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 temporary 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 following:

    ``(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-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and

    ``(ii) who--

    ``(I) transports hazardous material in commerce;

    ``(II) causes hazardous material to be transported in commerce; or

    ``(III) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or

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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, carrying 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 follows:

    ``(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 further 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, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material,''; and

    (2) by striking ``decides'' and inserting ``determines''.

    (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.--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. 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 material by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting that material in commerce.''.

    (b) 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 following:

    ``(c) Recommendations on Chemical and Biological Materials.--The Secretary of Health and Human Services shall recommend 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 Services 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.--

    ``(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 individual with respect to whom the Transportation Security Administration--

    ``(I) has performed a security threat assessment under this section; and

    ``(II) has issued a final notification of no security 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 stringent 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 opportunity 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 proceeding 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 PROCEDURES.--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 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 Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives a report on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish the timely processing of fingerprint-based security threat assessments for individuals holding commercial driver's licenses who are applying to renew hazardous materials endorsements.

    ``(5)