HAZMAT law in line for changes.

Efforts are underway in Congress to revise a section of the U.S. Patriot Act that governs which truckers are allowed to transport hazardous materials.

The act requires truckers carrying HAZMAT licenses to undergo background checks and be cleared by the secretary of homeland security from being a security risk. The Transportation Security Administration, part of the Department of Homeland Security, outlined the new regulations in 2004, but they have been derided by truckers, carriers and congressional members from both sides of the aisle ever since.

The TSA regulations require truckers to travel to a designated state agency or contractor to submit to a background check and fingerprints. Traveling hundreds of miles to the site can cost a day's pay, plus a $94 fee. Meanwhile, truckers seeking similar clearances to haul cargo for the Departments of Energy and Defense can go to their local police departments and have their fingerprints taken there for less than $20.

Stephen Russell, representing the American Trucking Association at a House Committee on Homeland Security hearing, said only 10 percent of members have applied for the endorsement so far. They see the process as intrusive and costly. Since there is a nationwide demand for truckers, they can easily find a job transporting non-hazardous materials. A shortage of HAZMAT drivers is inevitable, he said.

Questions remain also on what kind of crimes can cause truckers to lose their HAZMAT endorsements. "Fraud" is on the list of crimes, which includes the relatively common infraction of writing bad checks. Truckers can face rejection for mistakes they committed 10 years in their past, congressional critics charged.

The definition of "hazardous materials" also needs a second look, congressional leaders said. The list includes dozens of items that cannot be weaponized, everything from nail polish remover to soft drink syrup.

"Coke syrup? Do we need to have that on the list as a potential terrorist threat?" asked Daniel Lungren, R-Calif., chairman of the subcommittee on economic security, infrastructure protection and cybersecurity.