823
tion of the Interstate System referred to in sub-
paragraph (B) upon compliance with section 
303 of title 49 or section 138 of this title, as ap-
plicable, and section 106 of the National His-
toric Preservation Act of 1966 (16 U.S.C. 
470f).’’. 
TITLE VII—HAZARDOUS 
MATERIALS TRANSPORTATION 
SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms of 
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
SEC. 7002. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds with respect to haz-
ardous materials transportation that—
(1) approximately 4,000,000,000 tons of regu-
lated hazardous materials are transported each year 
and approximately 1,200,000 movements of hazardous 
materials occur each day, according to Department of 
Transportation estimates; 
(2) the movement of hazardous materials in com-
merce is necessary to maintain economic vitality and
824
meet consumer demands and must be conducted in a 
safe and efficient manner; 
(3) accidents involving, or unauthorized access 
to, hazardous materials in transportation may result 
in a release of such materials and pose a serious 
threat to public health and safety; 
(4) many States and localities have enacted laws 
and regulations that vary from Federal laws and reg-
ulations pertaining to the transportation of hazardous 
materials, thereby creating the potential for unreason-
able hazards in other jurisdictions and confounding 
shippers and carriers that attempt to comply with 
multiple regulatory requirements; 
(5) because of the potential risks to life, property, 
and the environment posed by unintentional releases 
of hazardous materials, consistency in laws and regu-
lations governing the transportation of hazardous ma-
terials is necessary and desirable; 
(6) in order to achieve greater uniformity and to 
promote the public health, welfare, and safety at all 
levels, Federal standards for regulating the transpor-
tation of hazardous materials in intrastate, interstate, 
and foreign commerce are necessary and desirable; 
and
825
(7) in order to provide reasonable, adequate, and 
cost-effective protection from the risks posed by the 
transportation of hazardous materials, a network of 
well-trained State and local emergency response per-
sonnel and hazmat employees is essential. 
(b) PURPOSE.—The text of section 5101 is amended 
to read as follows: ‘‘The purpose of this chapter is to protect 
against the risks to life, property, and the environment that 
are inherent in the transportation of hazardous material 
in intrastate, interstate, and foreign commerce.’’. 
SEC. 7003. DEFINITIONS. 
Section 5102 is amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(C) by inserting at the end the following: 
‘‘(C) on a United States registered air-
craft.’’; 
(2) by redesignating paragraphs (11), (12), and 
(13) as paragraphs (12), (13), and (14), respectively; 
and 
(3) by inserting after paragraph (10) the fol-
lowing:
826
‘‘(11) ‘Secretary’ means the Secretary of Trans-
portation.’’. 
SEC. 7004. GENERAL REGULATORY AUTHORITY. 
(a) TECHNICAL AMENDMENTS.—Section 5103(a) is 
amended—
(1) by striking ‘‘etiologic agent,’’ and inserting 
‘‘infectious substance,’’; and 
(2) by striking ‘‘poison,’’ and inserting ‘‘toxic,’’. 
(b) REGULATIONS FOR SAFE TRANSPORTATION.—Sec-
tion 5103(b)(1)(A) is amended—
(1) in clause (i) by striking ‘‘transporting’’ and 
inserting ‘‘that transports’’; 
(2) in clause (ii)—
(A) by striking ‘‘causing’’ and inserting 
‘‘that causes’’; and 
(B) by striking ‘‘or’’ at the end; and 
(3) by striking clause (iii) and inserting the fol-
lowing: 
‘‘(iii) that designs, manufactures, fabricates, 
inspects, marks, maintains, reconditions, re-
pairs, or tests a package or container that is rep-
resented, marked, certified, or sold by that person 
as qualified for use in transporting hazardous 
material in commerce;
827
‘‘(iv) that prepares or accepts hazardous 
material for transportation in commerce; 
‘‘(v) that is responsible for the safety of 
transporting hazardous material in commerce; 
‘‘(vi) that certifies compliance with any re-
quirement of this chapter; or 
‘‘(vii) that misrepresents whether the person 
is engaged in any of the activities described in 
this subparagraph; and’’. 
(c) TECHNICAL
AMENDMENT.—Section 5103(b) is 
amended—
(1) by moving subparagraph (C) from the end of 
paragraph (1) and inserting it after paragraph (2); 
(2) by redesignating such subparagraph as para-
graph (3); and 
(3) by moving such paragraph (3) 2 ems to the 
left. 
SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS. 
Section 5103a(c) is amended—
(1) in paragraph (2) by striking ‘‘this sub-
section’’ and inserting ‘‘paragraph (1)’’; and 
(2) by adding at the end the following: 
‘‘(3) STANDARDS.—The Secretary shall prescribe 
by regulation uniform standards (including standards 
used to disqualify applicants) governing—
828
‘‘(A) the collection by States of background 
information authorized by paragraph (1); 
‘‘(B) the collection, transmission, and re-
view of background information; and 
‘‘(C) the notification of an applicant of the 
results of the background check. 
‘‘(4) FEES.—A State may impose and collect an 
appropriate fee to carry out paragraph (1) consistent 
with section 5125(f). 
‘‘(5) OPERATORS REGISTERED IN MEXICO AND 
CANADA.—No operator of a commercial motor vehicle 
(as defined in section 31101) licensed in Mexico or 
Canada may operate in the United States a commer-
cial motor vehicle transporting hazardous material 
until the operator has undergone a background 
records check similar to the background records check 
required of operators of commercial motor vehicles li-
censed in the United States to transport hazardous 
materials.’’. 
SEC. 7006. REPRESENTATION AND TAMPERING. 
(a) REPRESENTATION.—Section 5104(a) is amend-
ed—
(1) by striking ‘‘A person’’ and inserting ‘‘No 
person’’;
829
(2) in paragraph (1) by striking ‘‘only if’’ and 
all that follows through ‘‘meets’’ and inserting ‘‘if it 
does not conform to’’; and 
(3) in paragraph (2) by striking ‘‘only if’’ and 
inserting ‘‘unless’’. 
(b) TAMPERING.—Section 5104(b) is amended by 
striking ‘‘A person may not’’ and inserting ‘‘No person 
may’’. 
SEC. 7007. TECHNICAL AMENDMENTS. 
(a) ELIMINATION
OF COMPLETED STUDY.—Section 
5105 is amended—
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection 
(d). 
(b) 
CLASSIFICATION
OF
EXPLOSIVES.—Section 
5108(a)(1)(B) is amended by striking ‘‘class A or B’’ and 
inserting ‘‘Division 1.1, 1.2, or 1.3’’. 
SEC. 7008. TRAINING OF CERTAIN EMPLOYEES. 
Section 5107 is amended—
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h); 
(2) in subsection (g)(2) (as so redesignated) by 
striking ‘‘sections 5106, 5108(a)–(g)(1) and (h), and 
5109 of this title’’ and inserting ‘‘section 5106’’; and 
(3) by inserting after subsection (e) the following:
830
‘‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Sec-
retary shall ensure that maintenance-of-way employees and 
railroad signalmen receive general awareness/familiariza-
tion training and safety training pursuant to section 
172.704 of title 49, Code of Federal Regulations.’’. 
SEC. 7009. REGISTRATION. 
(a) PERSONS REQUIRED TO FILE.—Section 5108(a) 
is amended—
(1) in paragraph (2)(B) by striking ‘‘manufac-
turing, fabricating, marking, maintaining, recondi-
tioning, repairing, or testing’’ and inserting ‘‘design-
ing, manufacturing, fabricating, inspecting, marking, 
maintaining, reconditioning, repairing, or testing’’; 
and 
(2) by aligning the left margin of paragraph (4) 
with the left margin of paragraph (3). 
(b) FILING SCHEDULE.—Section 5108(c) is amend-
ed—
(1) by striking the subsection heading and in-
serting ‘‘FILING SCHEDULE’’; and 
(2) in paragraph (1)—
(A) by striking ‘‘must file the first’’ and in-
serting ‘‘shall file that’’;
831
(B) by striking ‘‘not later than March 31, 
1992’’ and inserting ‘‘in accordance with regula-
tions issued by the Secretary’’; and 
(C) by striking the second sentence. 
(c) FEES.—Section 5108(g) is amended—
(1) in paragraph (1) by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(2) in paragraph (2)(A) by striking ‘‘$5,000’’ 
and inserting ‘‘$3,000’’; and 
(3) by adding at the end the following: 
‘‘(3) FEES
ON
EXEMPT
PERSONS.—Notwith-
standing subsection (a)(4), the Secretary shall impose 
and collect a fee of $25 from a person who is required 
to register under this section but who is otherwise ex-
empted by the Secretary from paying any fee under 
this section. The fee shall be used to pay the cost of 
the Secretary in processing registration statements 
filed by such persons.’’. 
(d) 
RELATIONSHIP
TO
OTHER
LAWS.—Section 
5108(i)(2)(B) is amended by inserting ‘‘, Indian tribe,’’ 
after ‘‘State’’ the first place it appears. 
(e) HAZMAT REGISTRATION NOTIFICATION.—As soon 
as practicable, the Administrator of the Research and Spe-
cial Programs Administration of the Department of Trans-
portation shall transmit to the Federal Motor Carrier Safe-
832
ty Administration hazardous material registrant informa-
tion obtained before, on, or after the date of enactment of 
this Act under section 5108 of title 49, United States Code, 
together with any Department of Transportation identifica-
tion number for each registrant. 
SEC. 7010. PROVIDING SHIPPING PAPERS. 
Section 5110 is amended—
(1) in subsection (a) by striking ‘‘under sub-
section (b) of this section’’ and inserting ‘‘by regula-
tion’’; and 
(2) in subsection (e) by striking ‘‘1 year’’ and 
inserting ‘‘2 years after the date of preparation of the 
shipping paper’’. 
SEC. 7011. RAIL TANK CARS. 
Section 5111, and the item relating to such section in 
the analysis for chapter 51, are repealed. 
SEC. 7012. UNSATISFACTORY SAFETY RATING. 
The text of section 5113 is amended to read as follows: 
‘‘A person who violates section 31144(c)(3) shall be subject 
to the penalties in sections 5123 and 5124.’’. 
SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SEC-
TOR. 
(a) 
REQUIREMENTS.—Section 
5115(b)(1)(C) 
is 
amended by striking ‘‘under other United States Govern-
833
ment grant programs, including those’’ and inserting ‘‘with 
Federal financial assistance, including programs’’. 
(b) TRAINING ON COMPLYING WITH LEGAL REQUIRE-
MENTS.—Section 5115(c)(3) is amended by inserting before 
the period at the end the following: ‘‘and such other vol-
untary consensus standard-setting organizations as the Sec-
retary determines appropriate’’. 
(c) 
DISTRIBUTION
AND
PUBLICATION.—Section 
5115(d) is amended—
(1) in the matter preceding paragraph (1) by 
striking ‘‘national response team’’ and inserting ‘‘Na-
tional Response Team’’; 
(2) in paragraph (1) by striking ‘‘Director of the 
Federal Emergency Management Agency’’ and insert-
ing ‘‘Secretary’’; and 
(3) in paragraph (2)—
(A) by inserting ‘‘and distribute’’ after 
‘‘publish’’; and 
(B) by striking ‘‘programs that uses’’ and 
all that follows before the period at the end and 
inserting ‘‘programs and courses developed under 
this section’’.
834
SEC. 7014. PLANNING AND TRAINING GRANTS, MONI-
TORING, AND REVIEW. 
(a) 
FACTORS
TO
CONSIDER
IN
DETERMINING 
NEEDS.—Section 5116(b)(4) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) the report submitted by the State to the 
Secretary under section 5125(f)(2); and’’. 
(b) COMPLIANCE
WITH
CERTAIN
LAW.—Section 
5116(c) is amended—
(1) by inserting ‘‘or Indian tribe’’ after ‘‘a 
State’’; 
(2) by inserting ‘‘or Indian tribe’’ after ‘‘the 
State’’ the first place it appears; and 
(3) by inserting ‘‘(1) the State or Indian tribe 
is complying with all applicable requirements of this 
chapter (including section 5125(f)), and (2) in the 
case of a State,’’ after ‘‘certifies that’’. 
(c) GOVERNMENT’S
SHARE
OF
COSTS.—Section 
5116(e) is amended by striking the second sentence and in-
serting the following: ‘‘Amounts received by the State or
835
tribe under subsections (a)(1) and (b)(1) are not part of 
the non-Government share under this subsection.’’. 
(d) MONITORING AND TECHNICAL ASSISTANCE.—Sec-
tion 5116(f) is amended—
(1) in the first sentence—
(A) by striking ‘‘Secretaries of Transpor-
tation and Energy,’’ and inserting ‘‘Secretary of 
Energy, Director of the Federal Emergency Man-
agement Agency,’’; and 
(B) by striking ‘‘Director of the Federal 
Emergency Management Agency shall’’ and in-
serting ‘‘Secretary of Transportation shall’’; and 
(2) in the second sentence—
(A) by striking ‘‘the Secretaries, Adminis-
trator, and Directors each shall’’ and inserting 
‘‘the Secretary shall’’; and 
(B) by striking ‘‘national response team’’ 
and inserting ‘‘National Response Team’’. 
(e) DELEGATION OF AUTHORITY.—Section 5116(g) is 
amended by striking ‘‘Government grant programs’’ and 
inserting ‘‘Federal financial assistance’’. 
(f) HAZARDOUS MATERIALS EMERGENCY PREPARED-
NESS FUND.—Section 5116(i) is amended—
836
(1) by striking the subsection heading and in-
serting ‘‘HAZARDOUS MATERIALS EMERGENCY PRE-
PAREDNESS FUND.—’’; 
(2) in the matter preceding paragraph (1)—
(A) by inserting ‘‘, to be known as the ‘Haz-
ardous 
Materials 
Emergency 
Preparedness 
Fund’,’’ after ‘‘account in the Treasury’’; and 
(B) by striking ‘‘section 5108(g)(2)(A) of 
this title’’ and all that follows before the period 
at the end of the first sentence and inserting 
‘‘this chapter’’; 
(3) by striking ‘‘and’’ at the end of paragraph 
(2); 
(4) by redesignating paragraph (3) as para-
graph (4); and 
(5) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) to publish and distribute the Emergency Re-
sponse Guidebook; and’’. 
(g) REPORTS.—In section 5116(k)—
(1) by striking the first sentence and inserting 
the following: ‘‘The Secretary shall submit to Congress 
and make available to the public annually a report 
on the allocation and uses of planning grants under 
subsection (a), training grants under subsection (b),
837
and grants under subsection (j) and under section 
5107.’’; and 
(2) in the second sentence by striking ‘‘Such re-
port’’ and inserting ‘‘The report’’. 
SEC. 7015. SPECIAL PERMITS AND EXCLUSIONS. 
(a) SECTION HEADING.—
(1) IN GENERAL.—Section 5117 is amended by 
striking the section number and heading and insert-
ing the following: 
‘‘§ 5117. Special permits and exclusions’’. 
(2) CONFORMING AMENDMENT.—The item relat-
ing to section 5117 in the analysis for chapter 51 is 
amended to read as follows:
‘‘5117. Special permits and exclusions.’’.
(b) SUBSECTION HEADING.—The heading for sub-
section (a) of section 5117 is amended by striking ‘‘EX-
EMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’. 
(c) AUTHORITY TO ISSUE SPECIAL PERMITS.—Section 
5117(a)(1) is amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘, 
modify, or terminate a special permit authorizing a 
variance’’; and 
(2) by striking ‘‘transporting, or causing to be 
transported, hazardous material’’ and inserting ‘‘per-
forming a function regulated by the Secretary under 
section 5103(b)(1)’’.
838
(d) PERIOD OF SPECIAL PERMIT.—Section 5117(a)(2) 
is amended to read as follows: 
‘‘(2) A special permit issued under this section shall 
be effective for an initial period of not more than 2 years 
and may be renewed by the Secretary upon application for 
an additional period of not more than 4 years or, in the 
case of a special permit relating to section 5112, for an 
additional period of not more than 2 years.’’. 
(e) APPLICATIONS.—Sections 5117(b) is amended—
(1) by striking ‘‘an exemption’’ each place it ap-
pears and inserting ‘‘a special permit’’; and 
(2) by striking ‘‘the exemption’’ and inserting 
‘‘the special permit’’. 
(f) DEALING WITH APPLICATIONS PROMPTLY.—Sec-
tion 5117(c) is amended by striking ‘‘the exemption’’ each 
place it appears and inserting ‘‘the special permit’’. 
(g) LIMITATION ON AUTHORITY.—Section 5117(e) is 
amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘a 
special permit’’; and 
(2) by striking ‘‘be exempt’’ and inserting ‘‘be 
granted a variance’’. 
SEC. 7016. UNIFORM FORMS AND PROCEDURES. 
Section 5119 is amended to read as follows:
839
‘‘§ 5119. Uniform forms and procedures 
‘‘(a) ESTABLISHMENT OF WORKING GROUP.—The Sec-
retary shall establish a working group of State and local 
government officials, including representatives of the Na-
tional Governors’ Association, the National Association of 
Counties, the National League of Cities, the United States 
Conference of Mayors, the National Conference of State Leg-
islatures, and the Alliance for Uniform Hazmat Transpor-
tation Procedures. 
‘‘(b) PURPOSE OF WORKING GROUP.—The purpose of 
the working group shall be to establish uniform forms and 
procedures for a State to register, and to issue permits to, 
persons that transport, or cause to be transported, haz-
ardous material by motor vehicle in the State. 
‘‘(c) LIMITATION ON WORKING GROUP.—The working 
group may not propose to define or limit the amount of 
a fee a State may impose or collect. 
‘‘(d) PROCEDURE.—The Secretary shall develop a pro-
cedure by which the working group shall harmonize existing 
State registration and permit laws and regulations relating 
to the transportation of hazardous materials, with special 
attention paid to each State’s unique safety concerns and 
interest in maintaining strong hazmat safety standards. 
‘‘(e) REPORT OF WORKING GROUP.—Not later than 18 
months after the date of enactment of this subsection, the 
working group shall transmit to the Secretary a report con-
840
taining recommendations for establishing uniform forms 
and procedures described in subsection (b). 
‘‘(f) REGULATIONS.—Not later than 2 years after the 
date of enactment of this subsection, the Secretary shall 
issue regulations to carry out such recommendations of the 
working group as the Secretary considers appropriate. 
‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as prohibiting 
a State from voluntarily participating in a program of 
uniform forms and procedures until such time as the Sec-
retary issues regulations under subsection (f).’’. 
SEC. 7017. INTERNATIONAL UNIFORMITY OF STANDARDS 
AND REQUIREMENTS. 
(a) CONSULTATION.—Section 5120(b) is amended by 
inserting ‘‘and requirements’’ after ‘‘standards’’. 
(b) DIFFERENCES WITH INTERNATIONAL STANDARDS 
AND REQUIREMENTS.—Section 5120(c) is amended—
(1) in paragraph (1) by inserting ‘‘or require-
ment’’ after ‘‘standard’’ each place it appears; and 
(2) in paragraph (2)—
(A) by inserting ‘‘standard or’’ before ‘‘re-
quirement’’ each place it appears; and 
(B) by striking ‘‘included in a standard’’.
841
SEC. 7018. ADMINISTRATIVE. 
(a) 
GENERAL
AUTHORITY.—Section 
5121(a) 
is 
amended—
(1) in the first sentence by inserting ‘‘conduct 
tests,’’ after ‘‘investigate,’’; 
(2) in the second sentence by striking ‘‘After’’ 
and inserting ‘‘Except as provided in subsections (c) 
and (d), after’’; and 
(3) by striking ‘‘regulation prescribed’’ and in-
serting ‘‘regulation, order, special permit, or approval 
issued’’. 
(b) RECORDS, REPORTS, AND INFORMATION.—Section 
5121(b) is amended—
(1) in paragraph (1) by inserting ‘‘and prop-
erty’’ after ‘‘records’’; and 
(2) in paragraph (2)—
(A) 
by 
inserting 
‘‘property,’’ 
after 
‘‘records,’’; 
(B) by inserting ‘‘for inspection’’ after 
‘‘available’’; and 
(C) by striking ‘‘requests’’ and inserting 
‘‘undertakes an investigation or makes a re-
quest’’. 
(c) ENHANCED AUTHORITY
TO DISCOVER HIDDEN 
SHIPMENTS OF HAZARDOUS MATERIAL.—Section 5121(c) 
is amended to read as follows:
842
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) IN
GENERAL.—A designated officer, em-
ployee, or agent of the Secretary may—
‘‘(A) inspect and investigate, at a reason-
able time and in a reasonable manner, records 
and property relating to a function described in 
section 5103(b)(1); 
‘‘(B) except in the case of packaging imme-
diately adjacent to its hazardous material con-
tents, gain access to, open, and examine a pack-
age offered for, or in, transportation when the of-
ficer, employee, or agent has an objectively rea-
sonable and articulable belief that the package 
may contain a hazardous material; 
‘‘(C) remove from transportation a package 
or related packages in a shipment offered for or 
in transportation for which—
‘‘(i) such officer, employee, or agent 
has 
an 
objectively 
reasonable 
and 
articulable belief that the package may pose 
an imminent hazard; and 
‘‘(ii) such officer, employee, or agent 
contemporaneously documents such belief in 
accordance with procedures set forth in
843
guidance or regulations prescribed under 
subsection (e); 
‘‘(D) gather information from the offeror, 
carrier, packaging manufacturer or retester, or 
other person responsible for the package, to ascer-
tain the nature and hazards of the contents of 
the package; 
‘‘(E) as necessary, under terms and condi-
tions specified by the Secretary, order the offeror, 
carrier, packaging manufacturer or retester, or 
other person responsible for the package to have 
the package transported to, opened, and the con-
tents examined and analyzed, at a facility ap-
propriate for the conduct of such examination 
and analysis; and 
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel 
to assist in the activities conducted under this 
subsection. 
‘‘(2) DISPLAY OF CREDENTIALS.—An officer, em-
ployee, or agent acting under this subsection shall dis-
play proper credentials when requested. 
‘‘(3) SAFE RESUMPTION OF TRANSPORTATION.—
In instances when, as a result of an inspection or in-
vestigation under this subsection, an imminent haz-
844
ard is not found to exist, the Secretary, in accordance 
with procedures set forth in regulations prescribed 
under subsection (e), shall assist—
‘‘(A) in the safe resumption of transpor-
tation of the package concerned; or 
‘‘(B) in any case in which the hazardous 
material being transported is perishable, in the 
safe and expeditious resumption of transpor-
tation of the perishable hazardous material.’’. 
(d) EMERGENCY AUTHORITY FOR HAZARDOUS MATE-
RIAL TRANSPORTATION.—Section 5121 is amended—
(1) by redesignating subsections (d) and (e) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) IN GENERAL.—If, upon inspection, inves-
tigation, testing, or research, the Secretary determines 
that either a violation of a provision of this chapter 
or a regulation issued under this chapter, or an un-
safe condition or practice, constitutes or is causing an 
imminent hazard, the Secretary may issue an emer-
gency order, without notice or the opportunity for a 
hearing, but only to the extent necessary to abate the 
imminent hazard.
845
‘‘(2) WRITTEN
ORDERS.—An emergency order 
issued under paragraph (1) shall be in writing, de-
scribe the violation, condition, or practice that is 
causing the imminent hazard, and state the restric-
tions, prohibitions, recalls, or out-of-service orders 
issued. The emergency order also shall describe the 
standards and procedures for obtaining relief from the 
order. 
‘‘(3) OPPORTUNITY FOR REVIEW.—After issuing 
an emergency order under paragraph (1), the Sec-
retary shall provide an opportunity for review of the 
order under section 554 of title 5 if a petition for re-
view is filed within 20 calendar days after the date 
of issuance of the order. 
‘‘(4) EXPIRATION OF EFFECTIVENESS OF EMER-
GENCY ORDER.—If a petition for review is filed for 
an order and the review is not completed by the end 
of the 30-day period beginning on the date the peti-
tion was filed, the order shall cease to be effective at 
the end of that period unless the Secretary determines 
in writing that the emergency situation still exists. 
‘‘(e) GUIDANCE AND REGULATIONS.—
‘‘(1) GUIDANCE.—Not later than 60 days after 
the date of enactment of the Transportation Equity
846
Act: A Legacy for Users, the Secretary shall issue in-
terim guidance to carry out subsections (c) and (d). 
‘‘(2) REGULATIONS.—Not later than 1 year after 
such date of enactment, the Secretary shall issue regu-
lations to carry out subsections (c) and (d) in accord-
ance with subchapter II of chapter 5 of title 5.’’. 
(e) REPORT.—Section 5121(g) (as redesignated by sub-
section (d)(1) of this section) is amended—
(1) in the matter preceding paragraph (1) by 
striking ‘‘submit to the President for transmittal to 
the Congress’’ and inserting ‘‘transmit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate’’; 
and 
(2) in paragraph (4) by inserting ‘‘relating to a 
function regulated by the Secretary under section 
5103(b)(1)’’ after ‘‘activities’’. 
(f) REPEAL OF OBSOLETE PROVISION.—Section 5118, 
and the item relating to such section in the analysis for 
chapter 51, are repealed. 
SEC. 7019. ENFORCEMENT. 
(a) GENERAL.—Section 5122(a) is amended by strik-
ing the second sentence and inserting ‘‘The court may 
award appropriate relief, including a temporary or perma-
847
nent injunction, punitive damages, and assessment of civil 
penalties considering the same penalty amounts and factors 
as prescribed for the Secretary in an administrative case 
under section 5123.’’. 
(b) IMMINENT HAZARDS.—Section 5122(b) is amend-
ed—
(1) by striking paragraph (2); 
(2) by striking ‘‘(1)’’; 
(3) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively; and 
(4) in paragraph (2) (as so redesignated) by 
striking ‘‘or ameliorate the’’ and inserting ‘‘or miti-
gate the’’. 
SEC. 7020. CIVIL PENALTY. 
(a) PENALTY.—Section 5123(a) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘regulation prescribed or 
order issued’’ and inserting ‘‘regulation, order, 
special permit, or approval issued’’; and 
(B) by striking ‘‘$25,000’’ and inserting 
‘‘$50,000’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing:
848
‘‘(2) If the Secretary finds that a violation under para-
graph (1) results in death, serious illness, or severe injury 
to any person or substantial destruction of property, the 
Secretary may increase the amount of the civil penalty for 
such violation to not more than $100,000.’’. 
(b) HEARING
REQUIREMENT.—Section 5123(b) is 
amended by striking ‘‘regulation prescribed’’ and inserting 
‘‘regulation, order, special permit, or approval issued’’. 
(c) CIVIL ACTIONS TO COLLECT.—Section 5123(d) is 
amended—
(1) by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary’’; and 
(2) by adding at the end the following: ‘‘In such 
action, the validity, amount, and appropriateness of 
the civil penalty shall not be subject to review.’’. 
(d) COMPROMISE.—Section 5123(e) is amended by 
striking ‘‘before referral to the Attorney General’’. 
SEC. 7021. CRIMINAL PENALTY. 
Section 5124 is amended to read as follows: 
‘‘§ 5124. Criminal penalty 
‘‘(a) IN GENERAL.—A person knowingly violating sec-
tion 5104(b) or willfully or recklessly violating this chapter 
or a regulation, order, special permit, or approval issued 
under this chapter shall be fined under title 18, imprisoned 
for not more than 5 years, or both; except that the max-
849
imum amount of imprisonment shall be 10 years in any 
case in which the violation involves the release of a haz-
ardous material that results in death or bodily injury to 
any person. 
‘‘(b) KNOWING VIOLATIONS.—For purposes of this sec-
tion—
‘‘(1) a person acts knowingly when—
‘‘(A) the person has actual knowledge of the 
facts giving rise to the violation; or 
‘‘(B) a reasonable person acting in the cir-
cumstances and exercising reasonable care would 
have that knowledge; and 
‘‘(2) knowledge of the existence of a statutory 
provision, or a regulation or a requirement required 
by the Secretary, is not an element of an offense 
under this section. 
‘‘(c) WILLFUL VIOLATIONS.—For purposes of this sec-
tion, a person acts willfully when—
‘‘(1) the person has knowledge of the facts giving 
rise to the violation; and 
‘‘(2) the person has knowledge that the conduct 
was unlawful. 
‘‘(d) RECKLESS VIOLATIONS.—For purposes of this 
section, a person acts recklessly when the person displays
850
a deliberate indifference or conscious disregard to the con-
sequences of that person’s conduct.’’. 
SEC. 7022. PREEMPTION. 
(a) DUAL COMPLIANCE AND OBSTACLE TESTS.—Sec-
tion 5125(a) is amended by striking the subsection heading 
and inserting ‘‘DUAL
COMPLIANCE
AND
OBSTACLE 
TESTS.—’’. 
(b) SUBSTANTIVE DIFFERENCES.—The second sentence 
of section 5125(b)(2) is amended by striking ‘‘after Novem-
ber 16, 1990’’. 
(c) DECISIONS ON PREEMPTION.—The third sentence 
of section 5125(d)(1) is amended by inserting ‘‘and publish 
in the Federal Register’’ after ‘‘issue’’. 
(d) JUDICIAL
REVIEW.—Section 5125 is further 
amended—
(1) by striking subsection (f) and redesignating 
subsection (g) as subsection (f); 
(2) in subsection (f) (as so redesignated) by mov-
ing paragraph (2) (including subparagraphs (A) 
through (D)) 2 ems to the left; and 
(3) by adding at the end the following: 
‘‘(g) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Subsections (b), (c)(1), (d), and (g) are independent 
in their application to a requirement of any State, political
851
subdivision of a State, or Indian tribe and shall be reviewed 
independently.’’. 
SEC. 7023. RELATIONSHIP TO OTHER LAWS. 
Section 5126(a) is amended by striking ‘‘must com-
ply’’ and inserting ‘‘shall comply’’. 
SEC. 7024. JUDICIAL REVIEW. 
(a) IN GENERAL.—Chapter 51 is amended by redesig-
nating section 5127 as section 5128 and by inserting after 
section 5126 the following: 
‘‘§ 5127. JUDICIAL REVIEW 
‘‘(a) FILING AND VENUE.—Except as provided in sec-
tion 20114(c), a person adversely affected or aggrieved by 
a final action of the Secretary under this chapter may peti-
tion 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 business. 
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), the clerk of the court immediately 
shall send a copy of the petition to the Secretary. The Sec-
retary 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.
852
‘‘(c) AUTHORITY OF COURT.—The court has exclusive 
jurisdiction, as provided in subchapter II of chapter 5 of 
title 5, to affirm or set aside any part of the Secretary’s 
final action and may order the Secretary to conduct further 
proceedings. Findings of fact by 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 proceeding or 
review conducted by the Secretary or if there was a reason-
able ground for not making the objection in the pro-
ceeding.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 51 is amended by striking the item relating to sec-
tion 5127 and inserting the following:
‘‘5127. Judicial review. 
‘‘5128. Authorization of appropriations.’’.
SEC. 7025. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 (as redesignated by section 7024) is 
amended to read as follows: 
‘‘§ 5128. Authorizations of appropriations 
‘‘(a) IN GENERAL.—In order to carry out this chapter 
(except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 
5119), the following amounts are authorized to be appro-
priated to the Secretary:
853
‘‘(1) For fiscal year 2004, $24,981,000. 
‘‘(2) For fiscal year 2005, $27,000,000. 
‘‘(3) For fiscal year 2006, $29,000,000. 
‘‘(4) For fiscal year 2007, $30,000,000. 
‘‘(b) EMERGENCY PREPAREDNESS FUND.—There shall 
be available to the Secretary, from the account established 
pursuant to section 5116(i), for each of fiscal years 2004 
through 2007 the following: 
‘‘(1) To carry out section 5115, $200,000. 
‘‘(2) To carry out section 5116(a), $8,000,000. 
‘‘(3) To carry out section 5116(b), $13,800,000. 
‘‘(4) To carry out section 5116(f), $150,000. 
‘‘(5) To publish and distribute the Emergency 
Response 
Guidebook 
under 
section 
5116(i)(3), 
$500,000. 
‘‘(6) To pay administrative expenses in accord-
ance with section 5116(i)(4), $150,000. 
‘‘(7) To carry out section 5116(j), $1,000,000. 
‘‘(c) TRAINING
OF HAZMAT EMPLOYEE INSTRUC-
TORS.—There shall be available to the Secretary, from the 
account established pursuant to section 5116(i), to carry out 
section 5107(e) $4,000,000 for each of fiscal years 2004 
through 2007. 
‘‘(d) UNIFORM FORMS AND PROCEDURES.—There is 
authorized to be appropriated to the Secretary for making
854
grants to States participating in the working group estab-
lished under section 5119 $1,000,000 for each of the fiscal 
years 2005 and 2006. 
‘‘(e) ISSUANCE OF HAZMAT LICENSES.—There are au-
thorized to be appropriated for the Department of Trans-
portation such amounts as may be necessary to carry out 
section 5103a. 
‘‘(f) CREDITS
TO APPROPRIATIONS.—The Secretary 
may credit to any appropriation to carry out this chapter 
an amount received from a State, Indian tribe, or other 
public authority or private entity for expenses the Secretary 
incurs in providing training to the State, authority, or en-
tity. 
‘‘(g) AVAILABILITY
OF AMOUNTS.—Amounts made 
available by or under this section remain available until 
expended.’’. 
SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIP-
MENTS OF HAZARDOUS MATERIALS ENTER-
ING THE UNITED STATES. 
(a) STUDY.—The Comptroller General shall conduct a 
study to propose methods of determining the amount of 
undeclared shipments of hazardous materials (as defined in 
section 5101 of title 49, United States Code) entering the 
United States.
855
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall trans-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 7027. CONFORMING AMENDMENTS. 
Chapter 51 is amended by striking ‘‘Secretary of 
Transportation’’ each place it appears (other than the sec-
ond place it appears in section 5108(g)(2)(C), the first place 
it appears in section 5115(a), and in sections 5116(g), 
5116(i), and 5120(a)) and inserting ‘‘Secretary’’. 
TITLE 
VIII—TRANSPORTATION 
DISCRETIONARY 
SPENDING 
GUARANTEE 
SEC. 8001. POLICY. 
The guaranteed funding levels provided under this Act 
are dependent on identifying additional budgetary re-
sources. This title will continue sections 8101 and 8103 of 
the Transportation Equity Act for the 21st Century that 
guarantee that specific levels of authorized funding will be 
available for obligation each year by continuing the high-
way category budgetary firewall, which protects the Fed-
eral-aid highway program’s obligation limitation, the pro-
grams of the Federal Motor Carrier Safety Administration,
856
and the portion of the National Highway Traffic Safety 
Administration’s programs funded from the Highway Trust 
Fund, and the mass transit category budgetary firewall, 
which protects the portion of the Federal Transit Adminis-
tration programs funded from the Mass Transit Account 
of the Highway Trust Fund and the portion of such pro-
grams funded from the general fund of the Treasury.