601
HR 2088 IH 
(1) by revising subsection (a) to read as follows: 
‘‘(a) PENALTY.—
‘‘(1) A person that knowingly violates this chap-
ter, or a regulation, order, special permit, or ap-
proval issued under this chapter, is liable to the 
United States Government for a civil penalty of at 
least $250 but not more than $100,000 for each vio-
lation. 
‘‘(2) Knowledge by the person of the existence 
of a statutory provision, or a regulation or require-
ment prescribed by the Secretary is not an element 
of an offense under this section. 
‘‘(3) A separate violation occurs for each day 
the violation, committed by a person that transports 
or causes to be transported hazardous material, con-
tinues.’’.; and 
(2) by redesignating subsections (b)–(g) as sub-
sections (c)–(h) and inserting a new subsection (b) 
to read as follows: 
‘‘(b) KNOWING VIOLATIONS.—In this section, a per-
son acts knowingly when—
‘‘(1) the person has actual knowledge of the 
facts giving rise to the violation; or
602
HR 2088 IH 
‘‘(2) a reasonable person acting in the cir-
cumstances and exercising reasonable care would 
have that knowledge.’’.; 
(3) in subsection (c), as redesignated, by strik-
ing the first sentence and inserting the following: 
‘‘The Secretary of Transportation may find that a 
person has violated this chapter, or a regulation, 
order, special permit or approval issued under this 
chapter, only after notice and an opportunity for a 
hearing.’’; and 
(4) by revising subsection (e), as redesignated, 
to read as follows: 
‘‘(e) CIVIL ACTIONS TO COLLECT.—The Attorney 
General may bring a civil action in an appropriate district 
court of the United States to collect a civil penalty under 
this section and any accrued interest on that penalty cal-
culated in the manner described under section 2705 of 
title 33. In such action, the validity, amount, and appro-
priateness of the civil penalty shall not be subject to re-
view.’’. 
(b) Section 5124 is revised to read as follows: 
‘‘§ 5124. Criminal penalty 
‘‘(a) GENERAL.—A person knowingly violating sec-
tion 5104(b) of this title or willfully or recklessly violating 
this chapter or a regulation, order, special permit, or ap-
603
HR 2088 IH 
proval issued under this chapter, shall be fined under title 
18, imprisoned for not more than 5 years, or both. 
‘‘(b) AGGRAVATED VIOLATIONS.—A person know-
ingly violating section 5104(b) of this chapter, or willfully 
or recklessly violating this chapter or a regulation, order, 
special permit, or approval issued under this chapter, and 
thereby causing the release of a hazardous material, shall 
be fined under title 18, imprisoned for not more than 20 
years, or both. 
‘‘(c) KNOWING VIOLATIONS.—In this section, a per-
son acts knowingly when—
‘‘(1) the person has actual knowledge of the 
facts giving rise to the violation; or 
‘‘(2) a reasonable person acting in the cir-
cumstances and exercising reasonable care would 
have that knowledge. 
‘‘(d) WILLFUL VIOLATIONS.—In this section, a per-
son acts willfully when—
‘‘(1) the person has knowledge of the facts giv-
ing rise to the violation; and 
‘‘(2) the person has knowledge that the conduct 
was unlawful. 
‘‘(e) RECKLESS VIOLATIONS.—In this section, a per-
son acts recklessly when the person displays a deliberate
604
HR 2088 IH 
indifference or conscious disregard for the consequences 
of that person’s conduct. 
‘‘(f) KNOWLEDGE OF REQUIREMENTS.—Knowledge 
by a person of the existence of a statutory provision, or 
a regulation or requirement prescribed by the Secretary, 
is not an element of an offense under this section. 
‘‘(g) SEPARATE VIOLATIONS.—A separate violation 
occurs for each day the violation, committed by a person 
who transports hazardous material or who causes haz-
ardous material to be transported, continues.’’. 
(c) Section 46312 is amended—
(1) in subparagraph (a), by striking ‘‘under this 
part’’ and inserting ‘‘under this part or under chap-
ter 51 of this title’’; and 
(2) in subparagraph (b), by striking ‘‘by the 
Secretary’’ and inserting ‘‘by the Secretary under 
this part or under chapter 51 of this title’’. 
(d) Section 3663, title 18 United States Code, is 
amended in subparagraph (a)(1)(A) by striking ‘‘or sec-
tion 46312, 46502, or 46504 of title 49’’ and inserting 
‘‘or section 5124, 46312, 46502, or 46504 of title 49.’’. 
SEC. 7311. EMERGENCY WAIVER OF PREEMPTION. 
Section 5125 of title 49, United States Code, is 
amended by adding new subsections (h), (i), and (j) to 
read as follows:
605
HR 2088 IH 
‘‘(h) EMERGENCY WAIVER OF PREEMPTION.—
‘‘(1) The Secretary, upon a finding of good 
cause, may waive preemption on an expedited basis 
without notice and public procedure. Good cause ex-
ists when there is a possible threat that hazardous 
material being transported in commerce may be used 
in an attack on people or property, and notice and 
public procedure are impracticable or contrary to the 
public interest. 
‘‘(2) An emergency waiver of preemption shall 
remain in effect for no more than 6 months unless, 
prior to its expiration, the Secretary determines that 
a possible threat that hazardous material being 
transported in commerce may be used in an attack 
on people or property continues to exist. 
‘‘(3) An action of the Secretary under para-
graphs (1) and (2) of this subsection shall be in 
writing and shall describe the standards and proce-
dures for seeking reconsideration of the Secretary’s 
action. 
‘‘(4) After taking action under paragraphs (1) 
or (2) of this subsection, the Secretary shall provide 
an opportunity for review of that action if a petition 
for reconsideration is filed within 20 calendar days
606
HR 2088 IH 
after the Secretary issues or extends an emergency 
waiver. 
‘‘(5) If a petition for reconsideration is filed 
and the review is not completed by the end of the 
30-day period beginning on the date the petition was 
filed, the emergency waiver will cease to be effective 
at the end of that period unless the Secretary deter-
mines, in writing, that a possible threat that haz-
ardous material being transported in commerce may 
be used in an attack on people or property continues 
to exist. 
‘‘(i) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Each preemption standard in subsections (b), 
(c)(1), (d), and (e) of this section and in section 5119(b) 
of this chapter is independent in its application to a re-
quirement of any State, political subdivision of a State, 
or Indian tribe. 
‘‘(j) NON-FEDERAL ENFORCEMENT STANDARDS.—
This section does not apply to procedure, penalty, or re-
quired mental state or other standard used by a State, 
political subdivision of a State, or Indian tribe to enforce 
a requirement applicable to transportation of a hazardous 
material.’’.
607
HR 2088 IH 
SEC. 7312. JUDICIAL REVIEW. 
Chapter 51 of title 49, United States Code, is amend-
ed by redesignating section 5127 as section 5128, and by 
inserting after section 5126 the following new section: 
‘‘SEC. 5127. JUDICIAL REVIEW. 
‘‘(a) FILING AND VENUE.—Except as provided in 
section 20114(c) of this title, a person suffering legal 
wrong or adversely affected or aggrieved by a final action 
of the Secretary of Transportation under this chapter may 
petition for review of the final action in the United States 
Court of Appeals for the District of Columbia or in the 
court of appeals for the United States for the circuit in 
which the person resides or has its principal place of busi-
ness. The petition must be filed not more than 60 days 
after the Secretary’s action becomes final. 
‘‘(b) JUDICIAL PROCEDURES.—When a petition is 
filed under subsection (a) of this section, the clerk of the 
court immediately shall send a copy of the petition to the 
Secretary. The Secretary shall file with the court a record 
of any proceeding in which the final action was issued, 
as provided in section 2112 of title 28. 
‘‘(c) AUTHORITY OF COURT.—The court has exclu-
sive jurisdiction, as provided in the Administrative Proce-
dure Act, 5 U.S.C. 551 et seq., to affirm or set aside any 
part of the Secretary’s final action and may order the Sec-
retary to conduct further proceedings. Findings of fact by
608
HR 2088 IH 
the Secretary, if supported by substantial evidence, are 
conclusive. 
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final action under this section, the court may 
consider an objection to a final action of the Secretary 
only if the objection was made in the course of a pro-
ceeding or review conducted by the Secretary or if there 
was a reasonable ground for not making the objection in 
the proceeding.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 51 is amended by striking the item related 
to section 5127 and inserting the following:
‘‘5127. Judicial review. 
‘‘5128. Authorization of appropriations.’’.
Subtitle D—Sanitary Food 
Transportation 
SEC. 7401. SHORT TITLE. 
This Subtitle may be cited as the ‘‘Sanitary Food 
Transportation Act of 2003’’. 
SEC. 7402. RESPONSIBILITIES OF THE SECRETARY OF 
HEALTH AND HUMAN SERVICES. 
(a) UNSANITARY TRANSPORT DEEMED ADULTERA-
TION.—Section 402 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 342) is amended by adding at the 
end the following new subsection:
609
HR 2088 IH 
‘‘(i) If it is transported under conditions that are not 
in compliance with the sanitary transportation practices 
prescribed by the Secretary under section 416.’’. 
(b) SANITARY TRANSPORTATION REQUIREMENTS.—
Chapter IV of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 341 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 416. SANITARY TRANSPORTATION OF FOOD. 
‘‘(a) SANITARY TRANSPORTATION PRACTICES.—The 
Secretary shall establish by regulation sanitary transpor-
tation practices which shippers, carriers, receivers, and 
other persons engaged in the transportation of food shall 
be required to follow to ensure that the food is not trans-
ported under conditions that may render it adulterated, 
including such practices as the Secretary may find appro-
priate relating to—
‘‘(1) sanitation; 
‘‘(2) packaging, isolation, and other protective 
measures; 
‘‘(3) limitations on the use of vehicles; 
‘‘(4) information to be disclosed—
‘‘(A) to a carrier by a person arranging for 
the transport of food, and
‘‘(B) to a manufacturer or other persons 
arranging for the transport of food by a carrier
610
HR 2088 IH 
or other person furnishing a tank or bulk vehi-
cle for the transport of food; and 
‘‘(5) recordkeeping. 
‘‘(b) LIST
OF UNACCEPTABLE NONFOOD PROD-
UCTS.—The Secretary, by publication in the Federal Reg-
ister, may establish and periodically amend—
‘‘(1) a list of nonfood products that the Sec-
retary determines may, if shipped in a tank or bulk 
vehicle, render adulterated food transported subse-
quently in such vehicle; and 
‘‘(2) a list of nonfood products that the Sec-
retary determines may, if shipped in a motor or rail 
vehicle (other than a tank or bulk vehicle), render 
adulterated food transported simultaneously or sub-
sequently in such vehicle. 
‘‘(c) WAIVER AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary may waive 
all or part of this section, or any requirement under 
this section, with respect to any class of persons, of 
vehicles, of food, or of nonfood products, if the Sec-
retary determines that such waiver—
‘‘(A) will not result in the transportation 
of food under conditions that would be unsafe 
for human or animal health; and
611
HR 2088 IH 
‘‘(B) will not be contrary to the public in-
terest or this Act. 
‘‘(2) PUBLICATION.—The Secretary shall pub-
lish in the Federal Register any waiver and the rea-
sons for the waiver. 
‘‘(d) PREEMPTION.—
‘‘(1) IN GENERAL.—No State or political sub-
division of a State may directly or indirectly estab-
lish or continue in effect, as to any food in interstate 
commerce, any authority or requirement concerning 
that transportation of food that is not identical to 
the requirement of this section. 
‘‘(2) EFFECTIVE DATE.—The provisions of this 
subsection apply only with respect to transportation 
occurring on or after the effective date of regulations 
prescribed under subsection (a). 
‘‘(e) ASSISTANCE OF OTHER AGENCIES.—The Sec-
retary of Transportation, the Secretary of Agriculture, the 
Administrator of the Environmental Protection Agency, 
and the heads of other Federal agencies, as appropriate, 
shall provide assistance upon request, to the extent re-
sources are available, to the Secretary of Health and 
Human Services for the purposes of carrying out this sec-
tion. 
‘‘(f) DEFINITIONS.—For purposes of the section:
612
HR 2088 IH 
‘‘(1) The term ‘transportation’ means any 
movement of property in commerce by motor vehicle 
or rail vehicle. 
‘‘(2) The term ‘tank or bulk vehicle’ includes 
any vehicle in which food is shipped in bulk and in 
which the food comes directly into contact with the 
vehicle, including tank trucks, hopper trucks, rail 
tank cars, hopper cars, cargo tanks, portable tanks, 
freight containers, or hopper bins.’’
(c) INSPECTION OF TRANSPORTATION RECORDS.—
(1) REQUIREMENT.—Chapter VII of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 371 
et seq.) is amended by inserting after section 703 
the following new section: 
‘‘SEC. 703A. FOOD TRANSPORTATION RECORDS. 
‘‘Shippers, carriers by motor vehicle or rail vehicle, 
and other persons subject to section 416 shall, upon re-
quest of an officer or employee duly designated by the Sec-
retary, permit such officer or employee, at reasonable 
times, to have access to and to copy all records that the 
Secretary requires them to make or retain under section 
416(a)(5) of this Act.’’. 
(2) CONFORMING AMENDMENT.—Section 703 
of the Act (21 U.S.C. 373) is amended by striking 
‘‘in the usual course of business as carriers.’’ and in-
613
HR 2088 IH 
serting ‘‘in the usual course of business as carriers, 
unless otherwise explicitly provided.’’. 
(d) PROHIBITED ACTS.—
(1) RECORDS INSPECTION.—Section 301(c) of 
the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 331(e)) is amended—
(A) by striking ‘‘or 703’’ and inserting ‘‘, 
703, or 703A’’; and 
(B) by inserting ‘‘416,’’ before ‘‘504’’. 
(2) UNSAFE FOOD TRANSPORTATION.—Section 
301 of the Act (21 U.S.C. 331) is further amended 
by adding at the end the following new subsection: 
‘‘(gg) The failure, by a shipper, carrier, receiver, or 
any other person engaged in the transportation of food, 
to comply with the sanitary transportation practices pre-
scribed by the Secretary under section 416.’’. 
SEC. 7403. DEPARTMENT OF TRANSPORTATION REQUIRE-
MENTS. 
Chapter 57 of title 49, relating to sanitary food trans-
portation is revised to read as follows: 
‘‘CHAPTER 57—SANITARY FOOD 
TRANSPORTATION
‘‘Sec. 
‘‘5701. Food transportation safety inspections.
‘‘SEC. 5701. FOOD TRANSPORTATION SAFETY INSPECTIONS. 
‘‘(a) INSPECTION PROCEDURES.—
614
HR 2088 IH 
‘‘(1) The Secretary of Transportation, in con-
sultation with the Secretaries of Health and Human 
Services and Agriculture, shall establish procedures 
to be used in performing transportation safety in-
spections for the purpose of identifying suspected in-
cidents of contamination or adulteration of food that 
may violate regulations issued under section 416 of 
title 21, United States Code, and of meat and poul-
try products subject to detention under section 402 
of the Federal Meat Inspection Act (21 U.S.C. 672) 
and section 19 of the Poultry Products Inspection 
Act (21 U.S.C. 467a), and shall train personnel of 
the Department of Transportation in the appro-
priate use of such procedures. 
‘‘(2) The procedures established under para-
graph (1) of this subsection shall apply, at a min-
imum, to the Department of Transportation per-
sonnel who perform commercial motor vehicle and 
railroad safety inspections. 
‘‘(b) NOTIFICATION OF SECRETARIES OF HEALTH 
AND HUMAN SERVICES AND AGRICULTURE.—The Sec-
retary of Transportation shall promptly notify the Sec-
retary of Health and Human Services or the Secretary of 
Agriculture, as applicable, of any instances of potential
615
HR 2088 IH 
food contamination or adulteration of a food identified 
during transportation safety inspections. 
‘‘(c) USE OF STATE EMPLOYEES.—The means by 
which the Secretary of Transportation carries out sub-
section (b) of this section may include inspections con-
ducted by State employees using funds authorized to be 
appropriated under sections 31102 through 31104 of this 
title.’’. 
SEC. 7404. EFFECTIVE DATE OF THE SUBTITLE. 
Unless otherwise specified, the provisions of this title 
are effective October 1, 2003. 
Subtitle E—Sport Fishing and 
Boating Safety 
SEC. 7501. SPORT FISH RESTORATION ACCOUNT AMEND-
MENTS. 
(a) IN GENERAL.—Section 4 of the Act entitled ‘‘An 
Act to provide that the United States shall aid the States 
in fish restoration and management projects, and for other 
purposes’’ (August 9, 1950)(16 U.S.C. 777c) is amend-
ed—
(1) in subsection (b)— 
(A) by striking ‘‘2003’’ each place it ap-
pears and inserting ‘‘2009’’; and
616
HR 2088 IH 
(B) by striking ‘‘Secretary of Transpor-
tation’’ each place it appears and inserting 
‘‘Secretary of Homeland Security’’; and 
(2) in subsection (c)(5), by striking ‘‘fiscal year 
2003’’ and inserting ‘‘fiscal years 2003 through 
2009’’. 
(b) CLEAN MARINA INITIATIVES.—To further en-
hance the natural environment, federal agencies admin-
istering programs funded under the Aquatic Resources 
Trust Fund should promote, to the extent practicable, 
‘‘Clean Marina Initiatives’’ in each of the following pro-
grams: 
(1) Clean Vessel Act ‘‘Pumpout’’ Program. 
(2) Boating Infrastructure Grant Program. 
(3) National Outreach and Communications 
Program. 
(4) Recreational Boating Access Facilities. 
TITLE 
VIII—TRANSPORTATION 
DISCRETIONARY 
SPENDING 
GUARANTEE 
AND 
BUDGET 
OFFSETS 
SEC. 8101. DISCRETIONARY SPENDING CATEGORIES. 
(a) DEFINITION OF HIGHWAY CATEGORY AND MASS 
TRANSIT CATEGORY.—
617
HR 2088 IH 
(1) Section 250(c)(4)(B) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 is 
amended by—
(A) striking ‘‘Transportation Equity Act 
for the 21st Century’’ and inserting ‘‘Safe, Ac-
countable, Flexible, and Efficient Transpor-
tation Equity Act of 2003’’; and 
(B) adding after item (iv) the following 
new clauses: 
‘‘(v) 69–8158–0–7–401 (Motor Car-
rier Safety Grants). 
‘‘(vi) 69–8159–0–7–401 (Motor Car-
rier Safety Operations and Programs).’’. 
(2) Section 250(c)(4)(C) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 is 
amended to read as follows: 
‘‘(C) The term ‘mass transit category’ re-
fers to the following budget accounts or por-
tions thereof that are subject to the obligation 
limitations on contract authority provided in the 
Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 or for which 
appropriations are provided pursuant to author-
izations contained in that Act:
618
HR 2088 IH 
‘‘(i) 69–1120–0–1–401 (Administra-
tive Expenses). 
‘‘(ii) 69–1134–0–1–401 (Capital In-
vestment Grants). 
‘‘(iii) 
69–8191–0–7–401 
(Discre-
tionary Grants). 
‘‘(iv) 
69–1129–0–1–401 
(Formula 
Grants). 
‘‘(v) 
69–8303–0–7–401 
(Formula 
Grants and Research). 
‘‘(vi) 69–1127–0–1–401 (Interstate 
Transfer Grants—Transit). 
‘‘(vii) 69–1125–0–1–401 (Job Access 
and Reverse Commute). 
‘‘(viii) 69–1122–0–1–401 (Miscella-
neous Expired Accounts). 
‘‘(ix) 69–1139–0–1–401 (Major Cap-
ital Investment Grants). 
‘‘(x) 
69–1121–0–1–401 
(Research, 
Training and Human Resources). 
‘‘(xi) 69–8350–0–7–401 (Trust Fund 
Share of Expenses). 
‘‘(xii) 
69–1137–0–1–401 
(Transit 
Planning and Research).
645
HR 2088 IH 
imposed in subsection (a) by the product of such amount 
and the number of prior penalties (if any) imposed by this 
section on such person (or a related person or any prede-
cessor of such person or related person).’’. 
(B) 
CONFORMING
AMENDMENT.—The 
table of sections for part II of subchapter B of 
chapter 68 is amended by adding at the end the 
following new item:
‘‘§ 6718. Failure to display proof of registration by vessels or barges.’’.
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 90 days after the date of en-
actment of this Act. 
SEC. 9010. RETURNS FILED ELECTRONICALLY. 
(a) INFORMATION
REPORTING.—Section 4101(d) 
(relating to information reporting) is amended to read as 
follows: 
‘‘(d) INFORMATION REPORTING.—
‘‘(1) The Secretary may require—
‘‘(A) information reporting by any person 
registered under this section, and 
‘‘(B) information reporting by such other 
persons as the Secretary deems necessary to 
carry out this part. 
‘‘(2) Information reporting required by the Sec-
retary under paragraph (1) of this subsection shall