I
107TH CONGRESS
1ST SESSION
H. R. 3276
To authorize appropriations for hazardous material transportation safety,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 2001
Mr. YOUNG of Alaska (for himself and Mr. OBERSTAR) (both by request): in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To authorize appropriations for hazardous material
transportation safety, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE: AMENDMENT OF TITLE 49,
UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Hazardous Material Transportation Safety Reauthoriza-
tion Act of 2001’’.
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(b) AMENDMENT
OF TITLE 49, UNITED STATES
CODE.—Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section of other
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States
Code.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendment of title 49, United States Code; table of con-
tents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. General regulatory authority.
Sec. 5. Representation and tampering.
Sec. 6. Highly radioactive material.
Sec. 7. Handling criteria.
Sec. 8. Hazmat employee training requirements and grants.
Sec. 9. Registration.
Sec. 10. Motor carrier safety.
Sec. 11. Shipping paper retention.
Sec. 12. Rail tank cars.
Sec. 13. Unsatisfactory safety rating.
Sec. 14. Public sector training curriculum.
Sec. 15. Planning and training grants.
Sec. 16. Special permits and exclusions.
Sec. 17. Inspectors.
Sec. 18. Uniform forms and procedures.
Sec. 19. Administrative.
Sec. 20. Enforcement.
Sec. 21. Penalties.
Sec. 22. Preemption.
Sec. 23. Relationship to other laws.
Sec. 24. Judicial review.
Sec. 25. Authorization of appropriations.
Sec. 26. Postal service civil penalty authority.
SEC. 2. PURPOSE.
Section 5101 is revised to read as follows:
‘‘§ 5101. Purpose
‘‘The purpose of this chapter is to protect
against the risks to life, property, and the environ-
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ment that are inherent in the transportation of haz-
ardous material in intrastate, interstate, and foreign
commerce.’’.
SEC. 3. DEFINITIONS.
Section 5102 is amended—
(1) by revising paragraph (1) to read as follows:
‘‘(1) ‘commerce’ means trade or transportation
in the jurisdiction of the United States—
‘‘(A) between a place in a State and a
place outside of the State;
‘‘(B) that affects trade or transportation
between a place in a State and a place outside
of the State; or
‘‘(C) on a United States-registered air-
craft.’’;
(2) by revising paragraphs (3) and (4) to read
as follows:
‘‘(3) ‘hazmat employee’ means an individual
who—
‘‘(A)(i) is employed or used by a hazmat
employer; or
‘‘(ii) is self-employed, including an owner-
operator of a motor vehicle, vessel, or aircraft
transporting hazardous material in commerce;
and
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‘‘(B) performs a function regulated by the
Secretary under section 5103(b)(1) of this
chapter.’’
‘‘(4) ‘hazmat employer’ means a person that—
‘‘(A)(i) has atleast one hazmat employee;
or
‘‘(ii) is self-employed, including an owner-
operator of a motor vehicle, vessel, or aircraft
transporting hazardous material in commerce;
and
‘‘(B) performs, or employs or uses at least
one hazmat employee to perform, a function
regulated by the Secretary under section
5103(b)(1) of this chapter.’’;
(3) in paragraph (5), by striking ‘‘condition
that presents’’ and inserting ‘‘condition related to a
hazardous material that presents’’;
(4) in paragraph (7), by striking ‘‘title’’ and in-
serting ‘‘title, except a freight forwarder is included
only if performing a function related to highway
transportation’’;
(5) in paragraph (8), by striking ‘‘national re-
sponse team’’ each place it appears and inserting
‘‘National Response Team,’’ and by striking ‘‘na-
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tional contingency plan’’ and inserting ‘‘National
Contingency Plan’’; and
(6) in paragraph (9), by revising subparagraph
(A) to read as follows:
‘‘(A) includes a government, Indian tribe,
or authority of a government or tribe offering
hazardous material for transportation in com-
merce, transporting hazardous material to fur-
ther a commercial enterprise, or manufacturing,
designing, inspecting, testing, reconditioning,
marking, or repairing a packaging or packaging
component represented as qualified for use in
transporting hazardous material in commerce;
but’’.
SEC. 4. GENERAL REGULATORY AUTHORITY.
Section 5103 is amended—
(1) by revising subsection (a) to read as follows:
‘‘(a) DESIGNATING MATERIAL AS HAZARDOUS.—The
Secretary of Transportation shall designate material (in-
cluding an explosive; radioactive material; infectious sub-
stance; flammable or combustible liquid, solid or gas;
toxic, oxidizing or corrosive material; and compressed gas)
or a group or class of material as hazardous when the
Secretary determines that transporting the material in
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commerce in a particular amount and form may pose an
unreasonable risk to health and safety or property.’’; and
(2) in subsection (b)(1), by revising subpara-
graph (A) to read as follows:
‘‘(A) apply to a person that—
‘‘(i) transports a hazardous material
in commerce;
‘‘(ii) causes a hazardous material to
be transported in commerce;
‘‘(iii) manufactures, designs, inspects,
tests, reconditions, marks or repairs a
packaging or packaging component rep-
resented as qualified for use in trans-
porting hazardous material in commerce;
‘‘(iv) prepares, accepts, or rejects haz-
ardous material for transportation in com-
merce;
‘‘(v) is responsible for the safety of
transporting hazardous material in com-
merce;
‘‘(vi) certifies compliance with any re-
quirement issued under this chapter; or
‘‘(vii) misrepresents whether it is en-
gaged in any of the above activities; and’’.
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SEC. 5. REPRESENTATION AND TAMPERING.
Section 5104 is amended—
(1) in subsection (a), by striking ‘‘A person’’
and inserting ‘‘No person’’;
(2) by revising subsection (a)(1) to read as fol-
lows:
‘‘(1) a package, component of a package, or
packaging for transporting hazardous material is
safe, certified, or complies with this chapter if it
does not conform to each applicable regulation pre-
scribed under this chapter; or’’;
(3) in paragraph (a)(2), by striking ‘‘only if’’
and inserting ‘‘unless’’; and
(4) by revising subsection (b) to read as follows:
‘‘(b) TAMPERING.—No person may, without author-
ization from the owner or custodian, alter, remove, de-
stroy, or tamper with—
‘‘(1) a marking, label, placard, or description on
a document required under this chapter or a regula-
tion prescribed under this chapter; or
‘‘(2) a package, container, motor vehicle, rail
freight car, aircraft, or vessel used to transport haz-
ardous material.’’.
SEC. 6. HIGHLY RADIOACTIVE MATERIAL.
Section 5105 is amended by striking subsections (d)
and (e).
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SEC. 7. HANDLING CRITERIA.
Chapter 51 is amended by striking section 5106 and
striking the corresponding item in the analysis of chapter
51.
SEC. 8. HAZMAT EMPLOYEE TRAINING REQUIREMENTS
AND GRANTS.
(a) Section 5107 is amended by—
(1) striking ‘‘or duplicate’’ in subsection (d);
(2) striking ‘‘section 5127(c)(3)’’ in subsection
(e) and inserting ‘‘section 5128’’; and
(3) striking ‘‘and sections 5106, 5108(a)–(g)(1)
and (h), and 5109 of this title’’ in subsection (f)(2).
(b) Notwithstanding section 4(b)(1) of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C.
653(b)(1), an action of the Secretary of Transportation
under chapter 51 of title 49, United States Code, does
not preclude the Secretary of Labor from prescribing or
enforcing 
standards, 
regulations 
or 
requirements
regarding—
(1) hazardous materials employee training, or
(2) the occupational safety or health protection
of employees responding to a release of hazardous
materials.
SEC. 9. REGISTRATION.
Section 5108 is amended—
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(1) by striking ‘‘class A or B explosive’’ in sub-
section (a)(1)(B) and inserting ‘‘Division 1.1, 1.2, or
1.3 explosive material’’;
(2) by revising subsection (a)(2)(B) to read as
follows:
‘‘(B) a person manufacturing, designing,
inspecting, testing, reconditioning, marking, or
repairing a packaging or packaging component
represented as qualified for use in transporting
a hazardous material in commerce.’’;
(3) by revising subsection (b)(1)(C) to read as
follows:
‘‘(C) each State in which the person car-
ries out any of the activities.’’;
(4) by revising subsection (c) to read as follows:
‘‘(c) FILING SCHEDULE.—Each person required to
file a registration statement under subsection (a) of this
section shall file that statement in accordance with regula-
tions issued by the Secretary.’’;
(5) in subsection (g)(1), by striking ‘‘may’’ and
inserting ‘‘shall’’; and
(6) in subsection (i)(2)(B), by striking ‘‘State,’’
and inserting ‘‘State, Indian tribe,’’.
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SEC. 10. MOTOR CARRIER SAFETY.
Chapter 51 is amended by striking section 5109 and
striking the corresponding item in the analysis of chapter
51.
SEC. 11. SHIPPING PAPER RETENTION.
Section 5110 is amended—
(1) in subsection (a), by striking ‘‘under sub-
section (b) of this section’’ and inserting ‘‘by regula-
tion’’;
(2) by striking subsection (b) and redesignating
subsections (c)–(e) as subsections (b)–(d); and
(3) by revising the first sentence in subsection
(d), as redesignated, to read as follows: ‘‘The person
that provided the shipping paper and the carrier re-
quired to keep it under this section shall retain the
paper, or an electronic image of it, for a period of
3 years after the shipping paper was provided to the
carrier, to be accessible through their respective
principal places of business.’’.
SEC. 12. RAIL TANK CARS.
Chapter 51 is amended by striking section 5111 and
by striking the corresponding item in the analysis of chap-
ter 51.
SEC. 13. UNSATISFACTORY SAFETY RATING.
(a) Section 5113 is amended by insertion of the fol-
lowing text: ‘‘A violation of section 31144(c)(3) of this
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title shall be considered a violation of this chapter and
shall be subject to the penalties in sections 5123 and 5124
of this chapter.’’.
(b) Section 31144(c) is amended—
(1) in paragraph (1), by striking ‘‘sections
521(b)(5)(A) and 5113’’ and inserting ‘‘section
521(b)(5)(A)’’; and
(2) in paragraph (3), by striking ‘‘interstate
commerce’’ and inserting ‘‘commerce’’; and
(3) by adding at the end of paragraph (3) the
following: ‘‘A violation of this paragraph by an
owner or operator transporting hazardous material
shall be considered a violation of chapter 51 of this
title, and shall be subject to the penalties in sections
5123 and 5124 of this chapter.’’.
(c) Section 31144 is amended by striking the sub-
section designation ‘‘(c)’’ at the beginning of the last sub-
section and inserting ‘‘(f)’’.
SEC. 14. PUBLIC SECTOR TRAINING CURRICULUM.
Section 5115 is amended—
(1) in subsection (a), by—
(A) striking ‘‘DEVELOPMENT AND UPDAT-
ING.—Not later than November 16, 1992, in’’
and inserting ‘‘GENERAL.—In’’;
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(B) striking ‘‘national response team’’ and
inserting ‘‘National Response Team’’ in the
first sentence;
(C) striking ‘‘develop and update periodi-
cally a’’ in the first sentence and inserting
‘‘maintain a current’’; and
(D) striking the second sentence;
(2) in subsection (b), by—
(A) striking ‘‘developed’’ and inserting
‘‘maintained’’ in the first sentence, and
(B) in paragraph (i)(C), by striking
‘‘under other United States Government grant
programs, including those developed with grants
made under section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986
(42 U.S.C. 9660a)’’ and inserting ‘‘with Fed-
eral financial assistance’’;
(3) in subsection (c)(3), by striking ‘‘the Na-
tional Fire Protection Association’’ and inserting
‘‘the National Fire Protection Association and such
other voluntary consensus standard-setting organiza-
tions as the Secretary deems appropriate’’; and
(4) by revising subsection (d) to read as follows:
‘‘(d) DISTRIBUTION AND PUBLICATION.—With the
National Response Team, the Secretary of Transportation
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may publish and distribute a list of courses developed
under this section and of programs using any of those
courses.’’.
SEC. 15 PLANNING AND TRAINING GRANTS.
(a) Section 5116 is amended—
(1) in the second sentence of subsection (e), by
striking ‘‘of the State or tribe under subsections
(a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘received by
the State or tribe under subsections (a)(1) and
(b)(1)’’;
(2) revising subsection (f)( to read as follows:
‘‘(f) MONITORING AND TECHNICAL ASSISTANCE.—
The Secretary of Transportation shall monitor public-sec-
tor emergency response planning and training for an acci-
dent or incident involving hazardous material. Considering
the results of the monitoring, the Secretary shall provide
technical assistance to a State, political subdivision of a
State, or Indian tribe for carrying out emergency response
training and planning for an accident or incident involving
hazardous material and shall coordinate the assistance
using the existing coordinating mechanisms of the Na-
tional Response Team and, for radioactive material, the
Federal Radiological Preparedness Coordinating Com-
mittee.’’;
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(3) in subsection (g), by striking ‘‘Government
grant’’ and inserting ‘‘Federal financial assistance’’;
(4) by revising subsection (i) to read as follows:
‘‘(i) EMERGENCY PREPAREDNESS FUND.—The Sec-
retary of the Treasury shall establish an Emergency Pre-
paredness Fund account in the Treasury into which the
Secretary of the Treasury shall deposit amounts the Sec-
retary of Transportation transfers to the Secretary of the
Treasury under section 5108(g)(2)(C) of this title. With-
out further appropriation, amounts in the account are
available—
‘‘(1) to make grants under this section;
‘‘(2) to monitor and provide technical assistance
under subsection (f) of this section;
‘‘(3) to publish and distribute the Emergency
Response Guidebook; and
‘‘(4) to pay administrative costs of carrying out
this section and sections 5108(g)(2) and 5115 of
this title, except that not more than 10 percent of
the amounts made available from the account in a
fiscal year to carry out these sections may be used
to pay those costs.’’; and
(5) by striking subsection (k).
(b) Chapter 51 is amended by—
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(1) revising the section heading for section
5116 to read ‘‘Planning and training grants’ emer-
gency preparedness fund’’; and
(2) striking the item for section 5116 in the
analysis of the chapter and inserting ‘‘5116. Plan-
ning and training grants; emergency preparedness
fund.’’.
SEC. 16. SPECIAL PERMITS AND EXCLUSIONS.
(a) Section 5117 is amended—
(1) by revising the section heading to read as
follows:
‘‘§ 5117. Special permits and exclusions’’;
(2) by striking ‘‘exemption’’ and ‘‘an exemp-
tion’’ each place they appear and inserting, respec-
tively, ‘‘special permit’’ and ‘‘a special permit’’;
(3) in subsection (a)(1), as revised by Section
16(a)(2) of this Act, by striking ‘‘issue a special per-
mit’’ and inserting ‘‘issue, modify, or terminate a
special permit authorizing variances’’, and by strik-
ing ‘‘transporting, or causing to be transported, haz-
ardous material’’ and inserting ‘‘performing a func-
tion regulated by the Secretary under section
5103(b)(1) of this title’’; and
(4) in subsection (a)(2), by striking ‘‘2’’ and in-
serting ‘‘4’’.
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effective, a State may establish, maintain, or enforce a re-
quirement related to the same subject matter only if the
requirement is the same as the regulation.
‘‘(c) UNIFORMITY.—The Secretary shall develop a
procedure to eliminate differences in how States carry out
a regulation prescribed under this section.
‘‘(d) INTERIM STATE PROGRAMS.—Pending promul-
gation of regulations under this section, States may par-
ticipate in a program of uniform forms and procedures
recommended by the Alliance for Uniform Hazmat Trans-
portation Procedures.’’.
SEC. 19. ADMINISTRATIVE.
Section 5121 is revised to read as follows:
‘‘§ 5121. Administrative
‘‘(a) GENERAL AUTHORITY.—To carry out this chap-
ter, the Secretary of Transportation may investigate, con-
duct tests, make reports, issue subpoenas, conduct hear-
ings, require the production of records and property, take
depositions, and conduct research, development, dem-
onstration, and training activities. Except as provided in
subsections (c) and (d) of this section, the Secretary shall
provide notice and an opportunity for a hearing prior to
issuing an order directing compliance with this chapter or
a regulation, order, special permit, or approval issued
under this chapter.
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‘‘(b) RECORDS, REPORTS, PROPERTY, AND INFORMA-
TION.—A person subject to this chapter shall—
‘‘(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
information available for inspection when the Sec-
retary undertakes an investigation.
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—(1) A des-
ignated officer or employee of the Secretary may—
‘‘(A) inspect and investigate, at a reasonable
time and in a reasonable way, records and property
related to a function described in section 5103(b)(1)
of this chapter;
‘‘(B) except for the packaging immediately ad-
jacent to its hazardous material contents, gain ac-
cess to, open, and examine a package offered for, or
in, transportation when the officer or employee has
an objectively reasonable 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, and for which such officer or em-
ployee has an objectively reasonable and articulable
belief that the package or packages may pose an im-
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minent hazard, and for which the officer or employee
contemporaneously documents that belief in accord-
ance with procedures adopted under subsection (e)
of this section;
‘‘(D) gather information from the offeror, car-
rier, packaging manufacturer or retester, or other
person responsible for the package or packages, to
ascertain the nature and hazards of the contents of
the package or packages;
‘‘(E) as necessary, under terms and conditions
specified by the Secretary, order the offeror, carrier,
packaging manufacturer or retester, or other person
responsible for the package or packages to have the
package or packages transported to, opened and the
contents examined and analyzed at a facility appro-
priate for the conduct of this activity; and
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel to
assist in the activities conducted under this sub-
section.
‘‘(2) An officer or employee acting under this sub-
section shall display proper credentials when requested.
‘‘(3) For instances when, as a result of the inspection
or investigation, an imminent hazard is not found to exist,
the Secretary shall develop procedures to assist in the safe
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resumption of transportation of the package or transport
unit.
‘‘(d) EMERGENCY ORDERS.—(1) If, upon inspection,
investigation, 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 immi-
nent hazard, the Secretary may issue or impose emergency
restrictions, prohibitions, recalls, or out-of-service orders,
without notice or the opportunity for a hearing, but only
to the extent necessary to abate the imminent hazard.
‘‘(2) The Secretary’s action under paragraph (1) of
this subsection shall be in a written order describing the
violation, condition or practice that is causing the immi-
nent hazard, and stating the restrictions, prohibitions, re-
calls, or out-of-service orders issued or imposed. The order
also shall describe the standards and procedures for ob-
taining relief from the emergency order.
‘‘(3) After taking action under paragraph (1) of this
subsection, the Secretary shall provide an opportunity for
review of that action under section 554 of title 5, if a peti-
tion for review is filed within 20 calendar days after
issuance of the order.
‘‘(4) If a petition for review is filed and the review
is not completed by the end of the 30-day period beginning
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on the date the petition was filed, the action will cease
to be effective at the end of that period unless the Sec-
retary determines in writing that the emergency situation
still exists.
‘‘(5) For purposes of this subsection, ‘out-of-service
order’ means a mandate that an aircraft, vessel, motor
vehicle, train, railcar, locomotive, other vehicle, transport
unit, transport vehicle, freight container, portable tank, or
other package not be moved until specified conditions have
been met.
‘‘(e) REGULATIONS.—The Secretary shall issue regu-
lations in accordance with section 553 of title 5, including
an opportunity for informal oral presentation, to imple-
ment the authority in subsections (c) and (d) of this sec-
tion.
‘‘(f) FACILITY, STAFF, AND REPORTING SYSTEM ON
RISKS, EMERGENCIES, AND ACTIONS.—(1) The Secretary
shall—
‘‘(A) maintain a facility and technical staff suf-
ficient to provide, within the United States Govern-
ment, the capability of evaluating a risk related to
the transportation of hazardous material and mate-
rial alleged to be hazardous;
‘‘(B) maintain a central reporting system and
information center capable of providing information
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and advice to law enforcement and firefighting per-
sonnel, other interested individuals, and officers and
employees of the United States Government and
State, local and tribal governments on meeting an
emergency related to the transportation of haz-
ardous material; and
‘‘(C) conduct a continuous review on all aspects
of transporting hazardous material to decide on and
take appropriate actions to ensure safe transpor-
tation of hazardous material.
‘‘(2) Paragraph (1) of this subsection does not pre-
vent the Secretary from making a contract with a private
entity for use of a supplemental reporting system and in-
formation center operated and maintained by the con-
tractor.
‘‘(g) 
AUTHORITY
FOR
GRANTS, 
COOPERATIVE
AGREEMENTS, AND OTHER TRANSACTIONS.—To carry
out this chapter, the Secretary may enter into grants, co-
operative agreements, and other transactions with a per-
son, agency or instrumentality of the United States, a unit
of State or local government, an Indian tribe, a foreign
government (in coordination with the Department of
State), an educational institution, or other entity to fur-
ther the objectives of this chapter. The objectives of this
chapter include the conduct of research, development,
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demonstration, risk assessment, and emergency response
planning and training activities.’’.
SEC. 20. ENFORCEMENT.
Section 5122 is amended—
(1) in subsection (a), by revising the last sen-
tence to read as follows: ‘‘The court may award ap-
propriate relief, including a temporary or permanent
injunction, punitive damages, and assessment of civil
penalties considering the same penalty amounts and
factors as prescribed for the Secretary in an admin-
istrative case under section 5123 of this chapter.’’;
and
(2) in subparagraph (b)(1)(B), by striking ‘‘or
ameliorate the’’ and inserting ‘‘or mitigate the’’.
SEC. 21. PENALTIES.
(a) Section 5123 is amended—
(1) by revising subsection (a) to read as follows:
‘‘(a) PENALTY.—(1) A person that knowingly violates
this chapter, 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 violation.
‘‘(2) Knowledge by the person of the existence of a
statutory provision, or a regulation or requirement pre-
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scribed by the Secretary is not an element of an offense
under this section.
‘‘(3) A separate violation occurs for each day the vio-
lation, committed by a person that transports or causes
to be transported hazardous material, continues’’; 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
‘‘(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.’’
(4) by revising subsection (e), as redesignated,
to read as follows:
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‘‘(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 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.
‘‘(b) AGGRAVATED VIOLATIONS.—A person know-
ingly violating section 5104(b) of this chapter or willfully
violating this chapter or a regulation, order, special per-
mit, 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—
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‘‘(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 the person acts with intent.
‘‘(e) 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.’’.
(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’’;
(2) in subparagraph (b), by striking ‘‘by the
Secretary’’ and inserting ‘‘by the Secretary under
this part or under chapter 51 of this title’’.
SEC. 22. PREEMPTION.
Section 5125 is amended—
(1) by redesignating subsections (a), (b), and
(c), as subsections (b), (c), and (d), and adding a
new subsection (a) to read as follows:
‘‘(a) PURPOSES.—The Secretary shall exercise the
authority in this section to achieve uniform regulation of
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hazardous material transportation, eliminate inconsistent
rules that apply differently than rules issued under this
chapter, and promote the safe and efficient movement of
hazardous material in commerce.’’;
(2) in subsection (b), as redesignated, by—
(A) striking ‘‘GENERAL.—Except as pro-
vided in subsections (b), (c), and (e)’’ and in-
serting ‘‘DUAL COMPLIANCE
AND OBSTACLE
TESTS.—Except as provided in subsections (c),
(d), and (g)’’; and
(B) in subparagraph (2), striking ‘‘car-
rying out this chapter or a regulation’’ and in-
serting ‘‘carrying out this chapter, the purposes
of this chapter, or a regulation’’;
(3) in subsection (c), by—
(A) in subparagraph (1), striking ‘‘(c)’’
and inserting ‘‘(d)’’;
(B) revising subparagraph (1)(E) to read
as follows:
‘‘(E) the manufacturing, designing, in-
specting, testing, reconditioning, marking, or
repairing of a packaging or packaging compo-
nent represented as qualified for use in trans-
porting hazardous material in commerce.’’; and