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(1) CONFORMING AMENDMENT.—The heading of
section 5117 is amended to read as follows:
‘‘§ 5117. Special permits and exclusions’’
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for chapter 51 is amended by striking the item
relating to section 5117 and inserting the following:
‘‘5117. Special permits and exclusions.’’.
(3) SUBSECTION
HEADING.—The heading for
subsection (a) of section 5117 is amended by striking
‘‘EXEMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’.
(d) REPEAL OF SECTION 5118.—
(1) Section 5118 is repealed.
(2) The chapter analysis for chapter 51 is
amended by striking the item relating to section 5118
and inserting the following:
‘‘5118. Repealed.’’.
SEC. 7336. UNIFORM FORMS AND PROCEDURES.
The text of section 5119 is amended to read as follows:
‘‘(a) IN GENERAL.—The Secretary may prescribe regu-
lations to establish uniform forms and regulations for
States on the following:
‘‘(1) To register and issue permits to persons
that transport or cause to be transported hazardous
material by motor vehicles in a State.
‘‘(2) To permit the transportation of hazardous
material in a State.
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‘‘(b) UNIFORMITY IN FORMS AND PROCEDURES.—In
prescribing regulations under subsection (a) of this section,
the Secretary shall develop procedures to eliminate discrep-
ancies among the States in carrying out the activities cov-
ered by the regulations.
‘‘(c) LIMITATION.—The regulations prescribed under
subsection (a) of this section may not define or limit the
amount of any fees imposed or collected by a State for any
activities covered by the regulations.
‘‘(d) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) of this subsection, the regulations prescribed
under subsection (a) of this section shall take effect 1
year after the date on which prescribed.
‘‘(2) EXTENSION.—The Secretary may extend the
1-year period in subsection (a) for an additional year
for good cause.
‘‘(e) STATE REGULATIONS.—After the regulations pre-
scribed under subsection (a) of this section take effect under
subsection (d) of this section, a State may establish, main-
tain, or enforce a requirement relating to the same subject
matter only if the requirement is consistent with applicable
requirements with respect to such activity in the regula-
tions.
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‘‘(f) INTERIM STATE PROGRAMS.—Pending the pre-
scription of regulations under subsection (a) of this section,
States may participate in the program of uniform forms
and procedures recommended by the Alliance for Uniform
Hazmat Transportation Procedures.’’.
SEC. 
7337. 
HAZARDOUS 
MATERIALS 
TRANSPORTATION
SAFETY AND SECURITY.
The text of section 5121 is amended to read as follows:
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) To carry out this chapter, the Secretary
may investigate, conduct tests, make reports, issue
subpoenas, conduct hearings, require the production of
records and property, take depositions, and conduct
research, development, demonstration, and training
activities.
‘‘(2) Except as provided in subsections (c) and
(d) of this section, the Secretary shall provide notice
and an opportunity for a hearing before issuing an
order directing compliance with this chapter, a regu-
lation prescribed under this chapter, or an order, spe-
cial permit, or approval issued under this chapter.
‘‘(b) RECORDS, REPORTS, PROPERTY, AND INFORMA-
TION.—A person subject to this chapter shall—
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‘‘(1) maintain records, make reports, and pro-
vide property and information that the Secretary by
regulation or order requires; and
‘‘(2) make the records, reports, property, and in-
formation available for inspection when the Secretary
undertakes an inspection or investigation.
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) A designated officer or employee of the Sec-
retary may—
‘‘(A) inspect and investigate, at a reason-
able time and in a reasonable way, records and
property relating to a function described in sec-
tion 5103(b)(1) of this title;
‘‘(B) except for packaging immediately ad-
jacent to the hazardous material contents, gain
access to, open, and examine a package offered
for or in transportation when the officer or em-
ployees has an objectively reasonable and
articulable belief that the package may contain
hazardous material;
‘‘(C) remove from transportation a package
or related packages in a shipment offered for or
in transportation for which—
‘‘(i) such officer or employee has an ob-
jectively reasonable and articulable belief
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that the package may pose an imminent
hazard; and
‘‘(ii) such officer or employee contem-
poraneously documents such belief in ac-
cordance with procedures set forth in regu-
lations prescribed under subsection (e) of
this section;
‘‘(D) gather information from the offeror,
carrier, packaging manufacturer or tester, or
other person responsible for a package or pack-
ages to ascertain the nature and hazards of the
contents of the package or packages;
‘‘(E) as necessary under terms and condi-
tions prescribed by the Secretary, order the offer-
or, carrier, or other person responsible for a
package or packages to have the package or pack-
ages transported to an appropriate facility,
opened, examined, and analyzed; and
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel
to assist in activities carried out under this
paragraph.
‘‘(2) An officer or employee acting under the au-
thority of the Secretary under this subsection shall
display proper credentials when requested.
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‘‘(3) In instances when, as a result of an inspec-
tion or investigation under this subsection, an immi-
nent hazards is not found to exist, the Secretary shall,
in accordance with procedures set forth in regulations
prescribed under subsection (e) of this section, assist
the safe resumption of transportation of the package,
packages, or transport unit concerned.
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) If, upon inspection, investigation, testing,
or research, the Secretary determines that a violation
of a provision of this chapter, or a regulation pre-
scribed under this chapter, or an unsafe condition or
practice, constitutes or is causing an imminent haz-
ard, the Secretary may issue or impose emergency re-
strictions, prohibitions, recalls, or out-of-service or-
ders, without notice or an opportunity for a hearing,
but only to the extent necessary to abate the imminent
hazard.
‘‘(2) The action of the Secretary under para-
graph (1) of this subsection shall be in a written
emergency order that—
‘‘(A) describes the violation, condition, or
practice that constitutes or is causing the immi-
nent hazard;