Page:United States Statutes at Large Volume 119.djvu/1912

 119 STAT. 1894

PUBLIC LAW 109–59—AUG. 10, 2005

(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.—

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