905
tained in part 1500 of title 40, Code of Federal Regu-
lations. 
‘‘(6) 
DESIGNATIONS
FOR
CATEGORIES
OF 
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a project, class 
of projects, or program of projects. 
‘‘(c) PROJECT INITIATION.—
‘‘(1) IN
GENERAL.—The project sponsor shall 
initiate the environmental review process for a project 
by submitting an initiation notice to the Secretary. 
‘‘(2) CONTENTS OF NOTICE.—The initiation no-
tice shall include, at a minimum, a brief description 
of the type of work, termini, length, and general loca-
tion of the proposed project, together with a statement 
of any Federal approvals anticipated to be needed for 
the project. 
‘‘(d) PURPOSE AND NEED.—
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement 
by participating agencies and the public in defining 
the purpose and need for a project. 
‘‘(2) 
DEFINITION.—Following 
participation 
under paragraph (1), the lead agency shall define the 
project’s purpose and need for purposes of any docu-
906
ment which the lead agency is responsible for pre-
paring for the project. 
‘‘(3) OBJECTIVES.—The statement of purpose 
and need shall include a clear statement of the objec-
tives that the proposed action is intended to achieve, 
which may include—
‘‘(A) achieving a transportation objective 
identified in an applicable statewide or metro-
politan transportation plan; 
‘‘(B) supporting land use, economic develop-
ment, or growth objectives established in applica-
ble Federal, State, local, or tribal plans; and 
‘‘(C) serving national defense, national se-
curity, or other national objectives, as established 
in Federal laws, plans, or policies. 
‘‘(e) ALTERNATIVES ANALYSIS.—
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement 
by participating agencies and the public in deter-
mining the range of alternatives to be considered for 
a project. 
‘‘(2) RANGE OF ALTERNATIVES.—Following par-
ticipation under paragraph (1), the lead agency shall 
determine the range of alternatives for consideration
907
in any document which the lead agency is responsible 
for preparing for the project. 
‘‘(3) METHODOLOGIES.—The lead agency also 
shall determine, in collaboration with participating 
agencies at appropriate times during the study proc-
ess, the methodologies to be used and the level of detail 
required in the analysis of each alternative for a 
project. 
‘‘(4) PREFERRED ALTERNATIVE.—At the discre-
tion of the lead agency, the preferred alternative for 
a project, after being identified, may be developed to 
a higher level of detail than other alternatives in 
order to facilitate the development of mitigation 
measures or concurrent compliance with other appli-
cable laws if the lead agency determines that the de-
velopment of such higher level of detail will not pre-
vent the lead agency from making an impartial deci-
sion as to whether to accept another alternative which 
is being considered in the environmental review proc-
ess. 
‘‘(f) COMMENT DEADLINES.—The lead agency shall es-
tablish the following deadlines for comment during the envi-
ronmental review process for a project: 
‘‘(1) For comments by agencies and the public on 
a draft environmental impact statement, a period of
908
no more than 60 days from the date of public avail-
ability of such document, unless—
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project sponsor, 
and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(2) For all other comment periods established 
by the lead agency for agency or public comments in 
the environmental review process, a period of no more 
than 30 days from availability of the materials on 
which comment is requested, unless—
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project sponsor, 
and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.—
‘‘(1) COOPERATION.—The lead agency and the 
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review process or could result in denial of any 
approvals required for the project under applicable 
laws.
909
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The 
lead agency shall make information available to the 
participating agencies as early as practicable in the 
environmental review process regarding the environ-
mental and socioeconomic resources located within the 
project area and the general locations of the alter-
natives under consideration. Such information may 
be based on existing data sources, including geo-
graphic information systems mapping. 
‘‘(3) 
PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead 
agency, participating agencies shall identify, as early 
as practicable, any issues of concern regarding the 
project’s potential environmental or socioeconomic 
impacts. In this paragraph, issues of concern include 
any issues that could substantially delay or prevent 
an agency from granting a permit or other approval 
that is needed for the project. 
‘‘(4) ISSUE
RESOLUTION.—Whenever issues of 
concern are identified or at any time upon request of 
a project sponsor, the lead agency shall promptly con-
vene a meeting with the relevant participating agen-
cies. If a resolution cannot be achieved within 30 
days following such a meeting and a determination 
by the lead agency that all information necessary to
910
resolve the issue has been obtained, the lead agency 
shall notify the heads of all Federal agencies involved 
in the meeting and the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives and shall publish such notification in 
the Federal Register. 
‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any 
project eligible for assistance under title 23 or chapter 53, 
a State may require, under procedures established by State 
law, that all State agencies that have jurisdiction by State 
or Federal law over environmental-related issues that may 
be affected by the project, or that are required to issue any 
environmental-related reviews, analyses, opinions, or deter-
minations on issuing any permits, licenses, or approvals 
for the project, be subject to the coordinated environmental 
review process established under this section unless the Sec-
retary determines that a State agency’s participation would 
not be in the public interest. A State participating in the 
review process must require all State agencies with jurisdic-
tion to be subject to and comply with the review process 
to the same extent as a Federal agency. 
‘‘(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL 
AGENCIES.—
911
‘‘(1) IN GENERAL.—For a project that is subject 
to the environmental review process established under 
this section and for which funds are made available 
to a State under title 23 or chapter 53, the Secretary 
may approve a request by the State to provide funds 
so made available to affected Federal agencies (includ-
ing the Department of Transportation), State agen-
cies, and Indian tribes participating in the environ-
mental review process for the project. Such funds may 
be provided only to support activities that directly 
and meaningfully contribute to expediting and im-
proving transportation project planning and delivery. 
Such activities may include dedicated staffing, train-
ing of agency personnel, information gathering and 
mapping, and development of programmatic agree-
ments. The Secretary may also use funds made avail-
able under section 204 of title 23 for a project for the 
purposes specified in this subsection with respect to 
the environmental review process for the project. 
‘‘(2) AMOUNTS.—Requests under paragraph (1) 
may be approved only for the additional amounts 
that the Secretary determines are necessary for the 
Federal agencies, State agencies, or Indian tribes par-
ticipating in the environmental review process to 
meet the time limits for environmental review.
912
‘‘(3) CONDITION.—A request under paragraph 
(1) to expedite time limits for environmental review 
may be approved only if such time limits are less 
than the customary time necessary for such review.’’. 
(c) 
EXISTING
ENVIRONMENTAL
REVIEW
PROC-
ESSES.—Nothing in this section shall be deemed to affect 
any existing environmental review process approved by the 
Secretary. 
SEC. 6003. POLICY ON HISTORIC SITES. 
(a) TITLE 49.—Section 303 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(d) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this sec-
tion are deemed to be satisfied in any case in which 
the treatment of a historic site has been agreed upon 
in accordance with section 106 of the National His-
toric Preservation Act (16 U.S.C. 470f) and the agree-
ment includes a determination that the program or 
project will not have an adverse effect on the historic 
site. 
‘‘(2) LIMITATION ON APPLICABILITY.—This sub-
section does not apply in any case in which the Advi-
sory Council on Historic Preservation determines, 
concurrent with or prior to the conclusion of section 
106 consultation, that allowing section 106 compli-
913
ance to satisfy the requirements of this section would 
be inconsistent with the objectives of the National 
Historic Preservation Act. The Council shall make 
such a determination if petitioned to do so by a sec-
tion 106 consulting party, unless the Council affirma-
tively finds that the views of the requesting party 
have been adequately considered and that section 106 
compliance will adequately protect historic properties. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SECTION
106
CONSULTATION.—The 
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of 
the National Historic Preservation Act (16 
U.S.C. 470f). 
‘‘(B) ADVERSE EFFECT.—The term ‘adverse 
effect’ means altering, directly or indirectly, any 
of the characteristics of a historic property that 
qualify the property for inclusion in the Na-
tional Register in a manner that would diminish 
the integrity of the property’s location, design, 
setting, materials, workmanship, feeling, or asso-
ciation.’’. 
(b) TITLE 23.—Section 138 of title 23, United States 
Code is amended—
914
(1) by inserting ‘‘(a) Policy.—’’ before ‘‘It is’’; 
and 
(2) by striking ‘‘In carrying’’ and inserting the 
following: 
‘‘(c) STUDIES.—In carrying’’; and 
(3) by inserting after subsection (a) (as des-
ignated by paragraph (1)) the following: 
‘‘(b) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this sec-
tion are deemed to be satisfied in any case in which 
the treatment of a historic site has been agreed upon 
in accordance with section 106 of the National His-
toric Preservation Act (16 U.S.C. 470f) and the agree-
ment includes a determination that the program or 
project will not have an adverse effect on the historic 
site. 
‘‘(2) LIMITATION ON APPLICABILITY.—This sub-
section does not apply in any case in which the Advi-
sory Council on Historic Preservation determines, 
concurrent with or prior to the conclusion of section 
106 consultation, that allowing section 106 compli-
ance to satisfy the requirements of this section would 
be inconsistent with the objectives of the National 
Historic Preservation Act. The Council shall make 
such a determination if petitioned to do so by a sec-
915
tion 106 consulting party, unless the Council affirma-
tively finds that the views of the requesting party 
have been adequately considered and that section 106 
compliance will adequately protect historic properties. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SECTION
106
CONSULTATION.—The 
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of 
the National Historic Preservation Act (16 
U.S.C. 470f). 
‘‘(B) ADVERSE EFFECT.—The term ‘adverse 
effect’ means altering, directly or indirectly, any 
of the characteristics of a historic property that 
qualify the property for inclusion in the Na-
tional Register in a manner that would diminish 
the integrity of the property’s location, design, 
setting, materials, workmanship, feeling, or asso-
ciation.’’. 
SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM. 
Section 103(c) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Interstate System shall
916
not be considered to be a historic site under sec-
tion 303 of title 49 or section 138 of this title, 
regardless of whether the Interstate System or 
portions of the Interstate System are listed on, or 
eligible for listing on, the National Register of 
Historic Places. 
‘‘(B) INDIVIDUAL
ELEMENTS.—Subject to 
subparagraph (C), a portion of the Interstate 
System that possesses an independent feature of 
historic significance (such as a historic bridge or 
a highly significant engineering feature) that is 
listed on, or eligible for listing on, the National 
Register of Historic Places, shall be considered to 
be a historic site under section 303 of title 49 or 
section 138 of this title, as applicable. 
‘‘(C) CONSTRUCTION, MAINTENANCE, RES-
TORATION, AND REHABILITATION ACTIVITIES.—
Subparagraph (B) does not prohibit a State 
from carrying out construction, maintenance, 
restoration, or rehabilitation activities for a por-
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-
917
toric Preservation Act of 1966 (16 U.S.C. 
470f).’’. 
SEC. 6005. INTERSTATE COMPACTS. 
Section 5213(d), as inserted by section 6001(a) of this 
Act, is amended by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) INTERSTATE
COMPACTS.—The consent of 
Congress is granted to any 2 or more States—
‘‘(A) to enter into agreements or compacts, 
not in conflict with any law of the United 
States, for cooperative efforts and mutual assist-
ance in support of activities authorized under 
this section as the activities pertain to interstate 
areas and localities within the States; and 
‘‘(B) to establish such agencies, joint or oth-
erwise, as the States may determine desirable for 
making the agreements and compacts effective. 
‘‘(3) LAKE TAHOE REGION.—
‘‘(A) DEFINITION.—In this paragraph, the 
term ‘Lake Tahoe region’ has the meaning given 
the term ‘region’ in subdivision (a) of article II 
of the Tahoe Regional Planning Compact, as set 
forth in the first section of Public Law 96–551 
(94 Stat. 3234).
918
‘‘(B) TRANSPORTATION
PLANNING
PROC-
ESS.—The Secretary shall—
‘‘(i) establish with the Federal land 
management agencies that have jurisdiction 
over land in the Lake Tahoe region a trans-
portation planning process for the region; 
and 
‘‘(ii) coordinate the transportation 
planning process with the planning process 
required of State and local governments 
under this section and section 5214. 
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), notwithstanding subsection (b), to 
carry out the transportation planning proc-
ess required by this section, the consent of 
Congress is granted to the States of Cali-
fornia and Nevada to designate a metropoli-
tan planning organization for the Lake 
Tahoe region, by agreement between the 
Governors of the States of California and 
Nevada and units of general purpose local 
government that together represent at least 
75 percent of the affected population (in-
cluding the central city or cities (as defined
919
by the Bureau of the Census)), or in accord-
ance with procedures established by applica-
ble State or local law. 
‘‘(ii) INVOLVEMENT OF FEDERAL LAND 
MANAGEMENT AGENCIES.—
‘‘(I) REPRESENTATION.—The pol-
icy board of a metropolitan planning 
organization designated under clause 
(i) shall include a representative of 
each Federal land management agency 
that has jurisdiction over land in the 
Lake Tahoe region. 
‘‘(II) FUNDING.—In addition to 
funds made available to the metropoli-
tan planning organization under other 
provisions of title 23 and under chap-
ter 53, not more than 1 percent of the 
funds allocated under section 202 of 
title 23 may be used to carry out the 
transportation planning process for the 
Lake Tahoe region under this subpara-
graph. 
‘‘(D) ACTIVITIES.—Highway projects in-
cluded in transportation plans developed under 
this paragraph—
920
‘‘(i) shall be selected for funding in a 
manner that facilitates the participation of 
the Federal land management agencies that 
have jurisdiction over land in the Lake 
Tahoe region; and 
‘‘(ii) may, in accordance with chapter 
2 of title 23, be funded using funds allocated 
under section 202 of title 23. 
‘‘(4) RESERVATION
OF
RIGHTS.—The right to 
alter, amend or repeal interstate compacts entered 
into under this subsection is expressly reserved.’’. 
SEC. 6006. DEVELOPMENT OF TRANSPORTATION PLAN. 
Section 5213(g), as inserted by section 6001(a) of this 
Act, is amended by inserting before paragraph (2) the fol-
lowing: 
‘‘(1) IN GENERAL.—Each metropolitan planning 
organization shall prepare, and update periodically, 
according to a schedule that the Secretary determines 
to be appropriate, a transportation plan for its met-
ropolitan planning area in accordance with the re-
quirements of this subsection. The metropolitan plan-
ning organization shall prepare and update such plan 
every 4 years (or more frequently, if the metropolitan 
planning organization elects to update more fre-
quently) in the case of each of the following:
921
‘‘(A) Any area designated as nonattain-
ment, as defined in section 107(d) of the Clean 
Air Act (42 U.S.C. 7407(d)). 
‘‘(B) Any area that was nonattainment and 
subsequently designated to attainment in accord-
ance with section 107(d)(3) of that Act (42 
U.S.C. 7407(d)(3)) and that is subject to a 
maintenance plan under section 175A of that 
Act (42 U.S.C. 7505a). 
In the case of any other area required to have a 
transportation plan in accordance with the require-
ments of this subsection, the metropolitan planning 
organization shall prepare and update such plan 
every 4 years unless the metropolitan planning orga-
nization elects to update more frequently.’’. 
SEC. 6007. INTERSTATE AGREEMENTS. 
Section 5214, as inserted by section 6001(a) of this 
Act, is amended by inserting after subsection (b) the fol-
lowing: 
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—The consent of Congress is 
granted to 2 or more States entering into agreements 
or compacts, not in conflict with any law of the 
United States, for cooperative efforts and mutual as-
sistance in support of activities authorized under this
922
section related to interstate areas and localities in the 
States and establishing authorities the States consider 
desirable for making the agreements and compacts ef-
fective. 
‘‘(2) RESERVATION
OF
RIGHTS.—The right to 
alter, amend or repeal interstate compacts entered 
into under this subsection is expressly reserved.’’. 
SEC. 6008. REGULATIONS RELATING TO TRANSPORTATION 
PLANNING. 
Not later than 18 months after the date of enactment 
of this Act, the Secretary shall issue regulations that are 
consistent with the provisions of subchapter B of chapter 
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 adding 
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.
923
‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
shall be construed as superseding, amending, or modi-
fying the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) or any other Federal environ-
mental statute or affect the responsibility of any Fed-
eral officer to comply with or enforce any such stat-
ute. 
‘‘(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-
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-
924
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-
mental environmental impact statement when re-
quired shall be considered a separate final agency ac-
tion 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 provi-
925
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 
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;
926
(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 
(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)—
927
(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) in paragraph (8) by striking ‘‘national re-
sponse team’’ each place it appears and inserting 
‘‘National Response Team’’; 
(3) by redesignating paragraphs (11), (12), and 
(13) as paragraphs (12), (13), and (14), respectively; 
and 
(4) by inserting after paragraph (10) the fol-
lowing: 
‘‘(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—
928
(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; 
‘‘(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—
929
(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—
‘‘(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
930
(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’’; 
(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
931
(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), respectively; 
(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: 
‘‘(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,
932
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’’; 
(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-
933
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 Pipelines and Hazardous Materials Safe-
ty Administrator of the Department of Transportation shall 
transmit to the Federal Motor Carrier Safety Administra-
tion 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 identification 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’’.
934
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-
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
935
(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’’. 
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
936
(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 
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’’.
937
(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—
(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)—
938
(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), 
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—
939
(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 
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—
940
(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 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
941
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-
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—
942
(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—
(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,’’;
943
(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—
‘‘(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 objectively 
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—
944
‘‘(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-
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 package 
to have the package transported to, opened, and 
the contents examined and analyzed, at a facil-
ity appropriate for the conduct of such examina-
tion and analysis; and 
‘‘(F) when safety might otherwise be com-
promised, may authorize properly qualified per-
945
sonnel 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-
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.—
946
‘‘(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. 
‘‘(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
947
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) REGULATIONS.—
‘‘(1) TEMPORARY REGULATIONS.—Not later than 
60 days after the date of enactment of the Transpor-
tation Equity Act: A Legacy for Users, the Secretary 
shall issue temporary regulations to carry out sub-
sections (c) and (d). The temporary regulations shall 
expire on the date of issuance of the regulations under 
paragraph (2). 
‘‘(2) FINAL
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 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-
948
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-
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)(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
949
(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 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 by adding at the end the following: ‘‘In such ac-
tion, 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
950
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-
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.
951
‘‘(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.—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) 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 independent 
in their application to a requirement of any State, political 
subdivision of a State, or Indian tribe and shall be reviewed 
independently.’’.
952
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 subsection 
(f); and 
(3) in subsection (f) (as so redesignated) by mov-
ing paragraph (2) (including subparagraphs (A) 
through (D)) 2 ems to the left. 
(b) JUDICIAL REVIEW.—Chapter 51 is amended by re-
designating 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
953
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. 
‘‘(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.’’. 
(c) 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:
954
‘‘§ 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: 
‘‘(1) For fiscal year 2005, $27,000,000. 
‘‘(2) For fiscal year 2006, $29,000,000. 
‘‘(3) 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 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
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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. 
‘‘(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
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undeclared shipments of hazardous materials (as defined in 
section 5101 of title 49, United States Code) entering the 
United States. 
(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. 
This title will continue sections 8101 and 8103 of the 
Transportation Equity Act for the 21st Century that guar-
antee that specific levels of authorized funding will be avail-
able for obligation each year by continuing the highway cat-
egory budgetary firewall, which protects the Federal-aid 
highway program’s obligation limitation, the programs of
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the Federal Motor Carrier Safety Administration, and the 
portion of the National Highway Traffic Safety Adminis-
tration’s programs funded from the Highway 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 such programs 
funded from the general fund of the Treasury.
Union Calendar No. 5
109TH CONGRESS 
1ST SESSION 
H. R. 3
[Report No. 109–12] 
A BILL 
To authorize funds for Federal-aid highways, high-
way safety programs, and transit programs, and 
for other purposes. 
MARCH 7, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed