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52 of title 49, United States Code, that relate to the Clean 
Air Act. 
SEC. 6009. SPECIAL RULES RELATING TO PROJECT DEVEL-
OPMENT PROCEDURES. 
Section 5252 of title 49, United States Code, as in-
serted by section 6001(a) of this Act, is amended by add-
ing at the end the following: 
‘(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
‘(1) JUDICIAL
REVIEW.—Except as set forth 
under subsection (k), nothing in this section shall af-
fect the reviewability of any final Federal agency ac-
tion in a court of the United States. 
‘(2) SAVINGS CLAUSE.—Nothing in this section 
shall be construed as superseding, amending, or 
modifying the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or any other Federal 
environmental statute or affect the responsibility of 
any Federal officer to comply with or enforce any 
such statute. 
‘(3) LIMITATIONS.—Nothing in this section 
shall preempt or interfere with—
‘(A) any practice of seeking, considering, 
or responding to public comment; or 
‘(B) any power, jurisdiction, responsibility, 
or authority that a Federal, State, or local gov-
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ernment agency, metropolitan planning organi-
zation, Indian tribe, or project sponsor has with 
respect to carrying out a project or any other 
provisions of law applicable to projects, plans, 
or programs. 
‘(k) LIMITATIONS ON CLAIMS.—
‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a claim arising under Federal law 
seeking judicial review of a permit, license, or ap-
proval issued by a Federal agency for a highway or 
public transportation capital project shall be barred 
unless it is filed within 90 days after the permit, li-
cense, or approval is final pursuant to the law under 
which the agency action is taken, unless a shorter 
time is specified in the Federal law pursuant to 
which judicial review is allowed. Nothing in this sub-
section shall create a right to judicial review or place 
any limit on filing a claim that a person has violated 
the terms of a permit, license, or approval. 
‘(2) NEW INFORMATION.—The Secretary shall 
consider new information received after the close of 
a comment period if the information satisfies the re-
quirements for a supplemental environmental impact 
statement under section 771.130 of title 23, Code of 
Federal Regulations. The preparation of a supple-
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mental environmental impact statement when re-
quired shall be considered a separate final agency 
action and the deadline for filing a claim for judicial 
review of such action shall be 90 days after the date 
of such action.’. 
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 
provision, 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 haz-
ardous materials occur each day, according to De-
partment of Transportation estimates; 
(2) the movement of hazardous materials in 
commerce is necessary to maintain economic vitality
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and 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 regulations pertaining to the transportation of 
hazardous materials, thereby creating the potential 
for unreasonable 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, prop-
erty, and the environment posed by unintentional re-
leases of hazardous materials, consistency in laws 
and regulations governing the transportation of haz-
ardous materials 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 trans-
portation of hazardous materials in intrastate, inter-
state, and foreign commerce are necessary and desir-
able; and
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(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 
personnel 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 pro-
tect against the risks to life, property, and the environ-
ment 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 
subparagraph (B) and inserting ‘; or’; and 
(C) by inserting at the end the following: 
‘(C) on a United States registered air-
craft.’; 
(2) in paragraph (8) by striking ‘national re-
sponse team’ each place it appears and inserting 
‘National Response Team’;
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(3) by redesignating paragraphs (11), (12), and 
(13) as paragraphs (12), (13), and (14), respec-
tively; and 
(4) by inserting after paragraph (10) the fol-
lowing: 
‘(11) ‘‘Secretary’’ means the Secretary of 
Transportation.’. 
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.—
Section 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, fab-
ricates, inspects, marks, maintains, recondi-
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tions, repairs, or tests a package or container 
that is represented, marked, certified, or sold by 
that person as qualified for use in transporting 
hazardous material in commerce; 
‘(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 per-
son 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 
paragraph (3); and 
(3) by moving such paragraph (3) 2 ems to the 
left. 
SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS. 
Section 5103a(c) is amended—
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(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 pre-
scribe by regulation uniform standards (including 
standards used to disqualify applicants) governing—
‘(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) con-
sistent with section 5125(f). 
‘(5) OPERATORS REGISTERED IN MEXICO AND 
CANADA.—No operator of a commercial motor vehi-
cle (as defined in section 31101) licensed in Mexico 
or Canada may operate in the United States a com-
mercial motor vehicle transporting hazardous mate-
rial until the operator has undergone a background 
records check similar to the background records 
check required of operators of commercial motor ve-
hicles licensed in the United States to transport haz-
ardous materials.’.
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SEC. 7006. REPRESENTATION AND TAMPERING. 
(a) REPRESENTATION.—Section 5104(a) is amend-
ed—
(1) by striking ‘A person’ and inserting ‘No 
person’; 
(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 in-
serting ‘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 sub-
section (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), respectively;
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(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 fol-
lowing: 
‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Sec-
retary shall ensure that maintenance-of-way employees 
and railroad signalmen receive general awareness/famil-
iarization 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
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(2) in paragraph (1)—
(A) by striking ‘must file the first’ and in-
serting ‘shall file that’; 
(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 im-
pose and collect a fee of $25 from a person who is 
required to register under this section but who is 
otherwise exempted by the Secretary from paying 
any fee under this section. The fee shall be used to 
pay the cost of the Secretary in processing registra-
tion 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.
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HR 3 IH1S 
(e) HAZMAT
REGISTRATION
NOTIFICATION.—As 
soon as practicable, the Pipelines and Hazardous Mate-
rials Safety Administator of the Department of Transpor-
tation shall transmit to the Federal Motor Carrier Safety 
Administration hazardous material registrant information 
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 identi-
fication 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 in-
serting ‘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 fol-
lows: ‘A person who violates section 31144(c)(3) shall be 
subject to the penalties in sections 5123 and 5124.’.
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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-
ment grant programs, including those’ and inserting ‘with 
Federal financial assistance, including programs’. 
(b) TRAINING
ON COMPLYING WITH LEGAL RE-
QUIREMENTS.—Section 5115(c)(3) is amended by insert-
ing before the period at the end the following: ‘and such 
other voluntary consensus standard-setting organizations 
as the Secretary 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 in-
serting ‘Secretary’; and 
(3) in paragraph (2)—
(A) by inserting ‘and distribute’ after ‘pub-
lish’; 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’.
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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 
inserting the following: ‘Amounts received by the State or 
tribe under subsections (a)(1) and (b)(1) are not part of 
the non-Government share under this subsection.’.
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(d) MONITORING
AND TECHNICAL ASSISTANCE.—
Section 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 
Management 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
PRE-
PAREDNESS FUND.—Section 5116(i) is amended—
(1) by striking the subsection heading and in-
serting ‘Hazardous Materials Emergency Prepared-
ness Fund.—’; 
(2) in the matter preceding paragraph (1)—
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HR 3 IH1S 
(A) by inserting ‘, to be known as the 
‘‘Hazardous 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 
Response Guidebook; and’. 
(g) REPORTS.—In section 5116(k)—
(1) by striking the first sentence and inserting 
the following: ‘The Secretary shall submit to Con-
gress and make available to the public annually a re-
port on the allocation and uses of planning grants 
under subsection (a), training grants under sub-
section (b), and grants under subsection (j) and 
under section 5107.’; and 
(2) in the second sentence by striking ‘Such re-
port’ and inserting ‘The report’.
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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 re-
lating 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.—Sec-
tion 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)’. 
(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
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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: 
‘§ 5119. Uniform forms and procedures 
‘(a) ESTABLISHMENT
OF WORKING GROUP.—The 
Secretary shall establish a working group of State and 
local government officials, including representatives of the 
National Governors’ Association, the National Association
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of Counties, the National League of Cities, the United 
States Conference of Mayors, the National Conference of 
State Legislatures, and the Alliance for Uniform Hazmat 
Transportation 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 
procedure by which the working group shall harmonize ex-
isting State registration and permit laws and regulations 
relating to the transportation of hazardous materials, with 
special attention paid to each State’s unique safety con-
cerns 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 
containing recommendations for establishing uniform 
forms and procedures described in subsection (b).
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‘(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 uni-
form 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 STAND-
ARDS AND REQUIREMENTS.—Section 5120(c) is amend-
ed—
(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’. 
SEC. 7018. ADMINISTRATIVE. 
(a) GENERAL
AUTHORITY.—Section 5121(a) is 
amended—
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HR 3 IH1S 
(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.—Sec-
tion 5121(b) is amended—
(1) in paragraph (1) by inserting ‘and property’ 
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: 
‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘(1) IN GENERAL.—A designated officer, em-
ployee, or agent of the Secretary—
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‘(A) may inspect and investigate, at a rea-
sonable time and in a reasonable manner, 
records and property relating to a function de-
scribed in section 5103(b)(1); 
‘(B) except in the case of packaging imme-
diately adjacent to its hazardous material con-
tents, may gain access to, open, and examine a 
package offered for, or in, transportation when 
the officer, employee, or agent has an objec-
tively reasonable and articulable belief that the 
package may contain a hazardous material; 
‘(C) may remove from transportation a 
package or related packages in a shipment of-
fered 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 
guidance or regulations prescribed under 
subsection (e); 
‘(D) may gather information from the of-
feror, carrier, packaging manufacturer or re-
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tester, or other person responsible for the pack-
age, to ascertain the nature and hazards of the 
contents of the package; 
‘(E) as necessary, under terms and condi-
tions specified by the Secretary, may order the 
offeror, carrier, packaging manufacturer or re-
tester, or other person responsible for the pack-
age to have the package transported to, opened, 
and the contents examined and analyzed, at a 
facility appropriate for the conduct of such ex-
amination and analysis; and 
‘(F) when safety might otherwise be com-
promised, may authorize properly qualified per-
sonnel to assist in the activities conducted 
under this subsection. 
‘(2) DISPLAY
OF
CREDENTIALS.—An officer, 
employee, or agent acting under this subsection shall 
display proper credentials when requested. 
‘(3) 
SAFE
RESUMPTION
OF
TRANSPOR-
TATION.—In instances when, as a result of an in-
spection or investigation under this subsection, an 
imminent hazard is not found to exist, the Sec-
retary, in accordance with procedures set forth in 
regulations prescribed under subsection (e), shall as-
sist—
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‘(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 MA-
TERIAL 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 deter-
mines that either a violation of a provision of this 
chapter or a regulation issued under this chapter, or 
an unsafe condition or practice, constitutes or is 
causing an imminent hazard, the Secretary may 
issue an emergency order, without notice or the op-
portunity for a hearing, but only to the extent nec-
essary to abate the imminent hazard. 
‘(2) WRITTEN ORDERS.—An emergency order 
issued under paragraph (1) shall be in writing, de-
scribe the violation, condition, or practice that is
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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 
review 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 deter-
mines 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 
Act: A Legacy for Users, the Secretary shall issue 
interim guidance to carry out subsections (c) and 
(d).
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‘(2) REGULATIONS.—Not later than 1 year 
after such date of enactment, the Secretary shall 
issue regulations to carry out subsections (c) and (d) 
in accordance with subchapter II of chapter 5 of 
title 5.’. 
(e) REPORT.—Section 5121(g) (as redesignated by 
subsection (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 
Commerce, Science, and Transportation of the Sen-
ate’; 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-
nent injunction, punitive damages, and assessment of civil
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penalties considering the same penalty amounts and fac-
tors as prescribed for the Secretary in an administrative 
case under section 5123.’. 
(b) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is 
amended by striking ‘or ameliorate the’ and inserting ‘or 
mitigate 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: 
‘(2) If the Secretary finds that a violation under 
paragraph (1) results in death, serious illness, or severe 
injury to any person or substantial destruction of prop-
erty, the Secretary may increase the amount of the civil 
penalty for such violation to not more than $100,000.’.
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(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 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, impris-
oned for not more than 5 years, or both; except that the 
maximum amount of imprisonment shall be 10 years in 
any case in which the violation involves the release of a 
hazardous material that results in death or bodily injury 
to any person. 
‘(b) KNOWING VIOLATIONS.—For purposes of this 
section—
‘(1) a person acts knowingly when—
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‘(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 
section, a person 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. 
‘(d) RECKLESS VIOLATIONS.—For purposes of this 
section, a person acts recklessly when the person displays 
a deliberate indifference or conscious disregard to the con-
sequences of that person’s conduct.’. 
SEC. 7022. PREEMPTION. 
(a) DUAL COMPLIANCE AND OBSTACLE TESTS.—
Section 5125(a) is amended by striking the subsection 
heading and inserting ‘DUAL COMPLIANCE AND OBSTA-
CLE TESTS.—’.
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(b) SUBSTANTIVE DIFFERENCES.—The second sen-
tence of section 5125(b)(2) is amended by striking ‘after 
November 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) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Section 5125 is amended by inserting after sub-
section (f), as redesignated by section 7024(a)(2) of this 
Act, the following: 
‘(g) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Subsections (b), (c)(1), (d), and (g) are inde-
pendent in their application to a requirement of any State, 
political 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) REPEAL.—Section 5125 is amended—
(1) by striking subsection (f); 
(2) by redesignating subsection (g) as sub-
section (f); and
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(3) in subsection (f) (as so redesignated) by 
moving paragraph (2) (including subparagraphs (A) 
through (D)) 2 ems to the left. 
(b) JUDICIAL REVIEW.—Chapter 51 is amended by 
redesignating section 5127 as section 5128 and by insert-
ing 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 pe-
tition 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), the clerk of the court imme-
diately 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 pro-
vided in section 2112 of title 28. 
‘(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
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final action and may order the Secretary to conduct fur-
ther proceedings. Findings of fact by the Secretary, if sup-
ported 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.’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by striking the item relating to 
section 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 ap-
propriated to the Secretary: 
‘(1) For fiscal year 2005, $27,000,000. 
‘(2) For fiscal year 2006, $29,000,000. 
‘(3) For fiscal year 2007, $30,000,000.
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‘(b) EMERGENCY
PREPAREDNESS
FUND.—There 
shall be available to the Secretary, from the account estab-
lished pursuant to section 5116(i), for each of fiscal years 
2005 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 
2005 through 2007. 
‘(d) UNIFORM FORMS AND PROCEDURES.—There is 
authorized to be appropriated to the Secretary for making 
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.
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‘(e) ISSUANCE OF HAZMAT LICENSES.—There are 
authorized to be appropriated for the Department of 
Transportation 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 Sec-
retary incurs in providing training to the State, authority, 
or entity. 
‘(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 de-
fined in section 5101 of title 49, United States Code) en-
tering the United States. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
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mittee on Commerce, 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. 
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 
highway category budgetary firewall, which protects the 
Federal-aid highway program’s obligation limitation, the 
programs of the Federal Motor Carrier Safety Administra-
tion, and the portion of the National Highway Traffic 
Safety Administration’s programs funded from the High-
way Trust Fund, and the mass transit category budgetary 
firewall, which protects the portion of the Federal Transit 
Administration programs funded from the Mass Transit 
Account of the Highway Trust Fund and the portion of
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such programs funded from the general fund of the Treas-
ury.
Æ