110th CONGRESS
1st Session
H. R. 99
To provide for the establishment of a hazardous materials cooperative
research program.
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. CUMMINGS introduced the following bill; which was referred to the Committee
on Science and Technology, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To provide for the establishment of a hazardous materials cooperative
research program.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Hazardous Materials Cooperative Research Act
of 2007'.
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.
(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) 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.
(e) 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.
END
