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connection with any passenger motor vehicle with in-
tent to defraud; or
‘‘(3) exempt a person from complying with that
law.’’.
(b) CONFORMING AND TECHNICAL AMENDMENTS.—
(1) Chapter 305 is amended by striking ‘‘auto-
mobile’’, ‘‘automobiles’’, and ‘‘an automobile’’ wher-
ever they appear and substituting in their place
‘‘passenger motor vehicle’’, ‘‘passenger motor vehi-
cles’’, and ‘‘a passenger motor vehicle’’ as appro-
priate, including upper and lower case letters as ap-
propriate.
(2) In section 30501, the matter before clause
(1) is amended to read as follows: ‘‘In this chapter
and in chapter 307—’’.
(3) Section 30501 is amended by—
(A) revising paragraph (1) to read as fol-
lows:
‘‘(1) ‘motor vehicle’ means a vehicle driven or
drawn by mechanical power and manufactured pri-
marily for use on public streets, roads, and high-
ways, but does not include a vehicle operated only on
a rail line.’’;
(B) striking paragraph (7), renumbering
paragraphs (6), (8), and (9) as paragraphs (7),
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(10), and (11), and adding new paragraphs (6),
(8), and (9) to read as follows:
‘‘(6) ‘multipurpose passenger vehicle’ means a
passenger motor vehicle constructed on a truck chas-
sis or with special features for occasional off-road
operation.
‘‘(8) ‘passenger motor vehicle’ means a motor
vehicle with motive power designed to carry not
more than 12 people, but does not include a motor-
cycle or a truck not designed primarily to carry its
operator or passengers, except that it includes a
multipurpose passenger vehicle or light duty truck
when that vehicle or truck is rated at not more than
8,500 pounds gross vehicle weight.
‘‘(9) ‘salvage motor vehicle’ means a motor ve-
hicle that is—
‘‘(A) wrecked, destroyed, or damaged, to
the extent that the total estimated cost of parts
and labor to rebuild or reconstruct the motor
vehicle to its pre-accident condition and for
legal operation on the roads or highways ex-
ceeds 75 percent of the retail value of the motor
vehicle prior to its having been wrecked, de-
stroyed, or damaged; or
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‘‘(B) acquired by an insurance carrier pur-
suant to a damage settlement.’’
(4) In section 33101, the matter before clause
(1) is amended to read as follows:
‘‘In this chapter, and in chapters 305 and 307—’’.
(5) The analysis for part A of subtitle VI is
amended by inserting a new chapter 307 as follows:
‘‘307. TITLING AND CONTROL OF SEVERELY DAMAGED PASSENGER
MOTOR VEHICLES’’.
TITLE X—HAZARDOUS MATERIALS
REAUTHORIZATION
SEC. 10001. SHORT TITLE.
This title may be cited as the ‘‘Hazardous Materials
Transportation Safety Reauthorization Act of 1997’’.
SEC. 10002. 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.’’;
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(2) by revising paragraph (3) to read as follows:
‘‘(3) ‘hazmat employee’ means an individual
who—
‘‘(A) is—
‘‘(i) employed by a hazmat employer,
‘‘(ii) self-employed, or
‘‘(iii) an owner-operator of a motor
vehicle; and
‘‘(B) during the course of employment—
‘‘(i) loads, unloads, or handles hazard-
ous material;
‘‘(ii) manufactures, reconditions, or
tests 
containers, 
drums, 
or 
other
packagings represented as qualified for use
in transporting hazardous material;
‘‘(iii) performs any function pertain-
ing to the offering of hazardous material
for transportation;
‘‘(iv) is responsible for the safety of
transporting hazardous material; or
‘‘(v) operates a vehicle used to trans-
port hazardous material.’’;
(3) by revising paragraph (4) to read as follows:
‘‘(4) ‘hazmat employer’ means a person who—
‘‘(A) either—
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‘‘(i) is self-employed,
‘‘(ii) is an owner-operator of a motor
vehicle, or
‘‘(iii) has at least one employee; and
‘‘(B) performs a function, or uses at least
one employee, in connection with—
‘‘(i) transporting hazardous material
in commerce;
‘‘(ii) causing hazardous material to be
transported in commerce, or
‘‘(iii) manufacturing, reconditioning,
or testing containers, drums, or other
packagings represented as qualified for use
in transporting hazardous material.’’;
(4) by revising paragraph (7) to add after the
word ‘‘title’’ the words ‘‘, except that a freight for-
warder is included only if performing a function re-
lated to highway transportation’’;
(5) by renumbering paragraphs (9) through
(13) as paragraphs (12) through (16);
(6) by adding the following after paragraph (8):
‘‘(9) ‘out-of-service order’ means a mandate
that an aircraft, vessel, motor vehicle, train, other
vehicle, or a part of any of these, not be moved until
specified conditions have been met.
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‘‘(10) ‘package’ or ‘outside package’ means a
packaging plus its contents.
‘‘(11) ‘packaging’ means a receptacle and any
other components or materials necessary for the re-
ceptacle to perform its containment function in con-
formance with the minimum packaging requirements
established by the Secretary of Transportation.’’;
and
(7) by revising paragraph (12)(A), as renum-
bered, to strike the words ‘‘or transporting’’ and in-
sert ‘‘, transporting’’, and to insert after the word
‘‘enterprise’’ the words ‘‘, or manufacturing, recondi-
tioning, or testing containers, drums, or other
packagings represented as qualified for use in trans-
porting hazardous material’’.
SEC. 10003. HANDLING CRITERIA REPEAL.
Title 49 is amended by striking and reserving section
5106 and the reference to the section in the analysis of
chapter 51.
SEC. 10004. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.
Section 5107(f)(2) is amended to strike the words
‘‘and sections 5106, 5108 (a)–(g)(1) and (h), and’’ and
insert the words ‘‘or sections 5108 (c)–(g)(1) and (h), or’’.
SEC. 10005. REGISTRATION.
Section 5108 is amended—
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be covered by the pilot program. The Secretary may
limit materials to—
(A) class 1.1, 1.2, or 1.3 explosives;
(B) liquefied natural gas;
(C) hazardous materials the Secretary des-
ignates as extremely toxic by inhalation;
(D) a highway route controlled quantity of
radioactive material, as defined by the Sec-
retary; or
(E) any other hazardous material des-
ignated by the Secretary under section 5103(a)
of this title.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 51 of this title is amended by striking the item
relating to section 5109.
SEC. 10007. SHIPPING PAPER RETENTION.
Section 5110 is amended by revising the first sen-
tence of subsection (e) to read as follows:
‘‘(e) RETENTION OF SHIPPING PAPERS.—After expi-
ration of the requirement in subsection (c) of this section,
the person who provided the shipping paper and the car-
rier required to maintain it under subsection (a) of this
section shall retain the paper or an electronic image there-
of, for a period of 1 year after the shipping paper was
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provided to the carrier, to be accessible through their re-
spective principal places of business.’’.
SEC. 10008. PUBLIC SECTOR TRAINING CURRICULUM.
(a) The catchline for section 5115(a) is amended by
striking ‘‘DEVELOPMENT AND’’.
(b) Section 5115(a) is amended by striking ‘‘Not
later than November 16, 1992, in’’ and ‘‘develop and’’ in
the first sentence, inserting the word ‘‘In’’ before the word
‘‘coordination’’ in the first sentence, and deleting the sec-
ond sentence.
(c) Section 5115(b) is amended by striking ‘‘devel-
oped’’ in the first sentence and revising paragraphs (b)(1)
(A) and (B) by inserting the words ‘‘or involving an alter-
native fuel vehicle’’ after the word ‘‘material’’.
(d) Section 5115(d) is amended by striking all after
‘‘national response team’’ and before ‘‘the Secretary of
Transportation’’, and substituting ‘‘,’’, and by striking
‘‘uses’’ and substituting ‘‘use’’.
SEC. 10009. PLANNING AND TRAINING GRANTS.
Section 5116 is amended—
(1) by revising subsection (e) to strike the word
‘‘of’’ in the second sentence and insert the words
‘‘received by’’;
(2) by revising subsection (f) to read as follows:
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‘‘(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 for Oil and Hazardous Substances
and, for radioactive material, the Federal Radiological
Preparedness Coordinating Committee.’’; and
(3) by adding a new subsection (l) to read as
follows:
‘‘(l) SMALL BUSINESSES.—The Secretary may au-
thorize a State or Indian tribe receiving a grant under
this section to use up to 25 percent of the amount of the
grant to assist small businesses in complying with regula-
tions issued under this chapter.’’.
SEC. 10010. SPECIAL PERMITS AND EXCLUSIONS.
(a) The heading of section 5117 is revised to read
as follows:
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‘‘§ 5117. Special permits and exclusions’’.
(b) Section 5117 is amended by striking the word
‘‘exemption’’ each time it appears and replacing it with
the words ‘‘special permit’’, and by inserting the words
‘‘authorizing variances’’ after ‘‘special permit’’ the first
time it appears.
(c) Section 5117(a)(2) is amended by striking ‘‘2’’
and inserting ‘‘4’’.
(d) In the analysis of chapter 51, the item designated
‘‘5117’’ is amended by striking ‘‘Exemptions’’ and sub-
stituting ‘‘Special permits’’.
SEC. 10011. ADMINISTRATION.
Title 49 is amended by redesignating sections 5122
(a) and (b) as sections 5122 (f) and (g); redesignating
sections 5121 (a), (b), and (c) as sections 5122 (a), (b),
and (c); and redesignating sections 5121 (d) and (e) as
sections 5121 (a) and (b).
SEC. 10012. COOPERATIVE AGREEMENTS.
Section 5121 is further amended by adding a new
section (c) to read as follows:
‘‘(c) 
AUTHORITY
FOR
COOPERATIVE
AGREE-
MENTS.—To carry out this chapter, the Secretary may
enter into grants, cooperative agreements, and other
transactions with a person, agency or instrumentality of
the United States, a unit of State or local government,
an Indian tribe, a foreign government (in coordination
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with the State Department), an educational institution, or
other entity to further the objectives of this chapter. The
objectives of this chapter include the conduct of research,
development, demonstration, risk assessment, emergency
response planning and training activities.’’.
SEC. 10013. ENFORCEMENT.
Section 5122 is further amended—
(1) in subsection (a), as redesignated, by insert-
ing ‘‘inspect,’’ after the word ‘‘may’’ in the first sen-
tence, and revising the last sentence to read: ‘‘Ex-
cept as provided in subsection (e) of this section, the
Secretary shall provide notice and an opportunity for
a hearing prior to issuing an order requiring compli-
ance with this chapter or a regulation, order, special
permit, or approval issued under this chapter.’’; and
(2) by adding new subsections (d) and (e) to
read as follows:
‘‘(d) OTHER AUTHORITY.—During inspections and
investigations, officers, employees, or agents of the Sec-
retary may—
‘‘(1) open and examine the contents of a pack-
age offered for, or in, transportation when—
‘‘(A) the package is marked, labeled, cer-
tified, placarded, or otherwise represented as
containing a hazardous material, or
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‘‘(B) there is an objectively reasonable and
articulable belief that the package may contain
a hazardous material;
‘‘(2) take a sample, sufficient for analysis, of
material marked or represented as a hazardous ma-
terial or for which there is an objectively reasonable
and articulable belief that the material may be a
hazardous material, and analyze that material;
‘‘(3) when there is an objectively reasonable and
articulable belief that an imminent hazard may exist,
prevent the further transportation of the material
until the hazardous qualities of that material have
been determined; and
‘‘(4) when safety might otherwise be com-
promised, authorize properly qualified personnel to
conduct the examination, sampling, or analysis of a
material.
‘‘(e) EMERGENCY ORDERS.—(1) If, through testing,
inspection, investigation, or research carried out under
this chapter, the Secretary decides that an unsafe condi-
tion or practice, or a combination of them, causes an
emergency situation involving a hazard of death, personal
injury, or significant harm to the environment, the Sec-
retary may immediately issue or impose restrictions, pro-
hibitions, recalls, or out-of-service orders, without notice
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or the opportunity for a hearing, that may be necessary
to abate the situation.
‘‘(2) The Secretary’s action under this subsection
must be in a written order describing the condition or
practice, or combination of them, that causes the emer-
gency situation; stating the restrictions, prohibitions, re-
calls, or out-of-service orders being issued or imposed; and
prescribing standards and procedures for obtaining relief
from the order.
‘‘(3) After taking action under this subsection, the
Secretary shall provide an opportunity for review of that
action under section 554 of title 5.
‘‘(4) If a petition for review is filed and the review
is not completed by the end of the 30-day period beginning
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.’’.
SEC. 10014. PENALTIES.
(a) Section 5123(a)(1) is amended by revising the
first sentence to read as follows: ‘‘A person that knowingly
violates this chapter or a regulation, order, special permit,
or approval issued under this chapter is liable to the
United States Government for a civil penalty of at least
$250 but not more than $27,500 for each violation.’’.
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(b) Section 5123(c)(2) is amended to read as follows:
‘‘(2) with respect to the violator, the degree of
culpability, any good-faith efforts to comply with the
applicable requirements, any history of prior viola-
tions, any economic benefit resulting from the viola-
tion, the ability to pay, and any effect on the ability
to continue to do business; and’’.
(c) Section 5124 is amended 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 title or willfully vio-
lating this chapter or a regulation, order, special permit,
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.’’.
SEC. 10015. PREEMPTION.
Section 5125(b)(2) is amended by striking ‘‘after No-
vember 16, 1990’’ at the end of the second sentence.
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SEC. 10016. JUDICIAL REVIEW.
(a) Title 49 is amended by redesignating section
5127 as section 5128, and by inserting after section 5126
the following new section:
‘‘§ 5127. Judicial review
(a) FILING AND VENUE.—Except as provided in sec-
tion 20114(c) of this title, a person disclosing a substan-
tial interest in a final order issued, under the authority
of section 5122 or 5123 of this title, by the Secretary of
Transportation, the Administrators of the Research and
Special Programs Administration, the Federal Aviation
Administration, or the Federal Highway Administration,
or the Commandant of the United States Coast Guard
(‘‘modal Administrator’’), with respect to the duties and
powers designated to be carried out by the Secretary
under this chapter, may apply for review 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 order is issued. The court may allow the petition
to be filed after the 60th day only if there are reasonable
grounds for not filing by the 60th day.
‘‘(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a) of this section, the clerk of the
court immediately shall send a copy of the petition to the
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Secretary or the modal Administrator, as appropriate. The
Secretary or the modal Administrator shall file with the
court a record of any proceeding in which the order was
issued, as provided in section 2112 of title 28.
‘‘(c) AUTHORITY OF COURT.—When the petition is
sent to the Secretary or the modal Administrator, the
court has exclusive jurisdiction to affirm, amend, modify,
or set aside any part of the order and may order the Sec-
retary or the modal Administrator to conduct further pro-
ceedings. After reasonable notice to the Secretary or the
modal Administrator, the court may grant interim relief
by staying the order or taking other appropriate action
when good cause for its action exists. Findings of fact by
the Secretary or the modal Administrator, if supported by
substantial evidence, are conclusive.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final order under this section, the court may
consider an objection to a final order of the Secretary or
the modal Administrator only if the objection was made
in the course of a proceeding or review conducted by the
Secretary, the modal Administrator, or an administrative
law judge, or if there was a reasonable ground for not
making the objection in the proceeding.
‘‘(e) SUPREME COURT REVIEW.—A decision by a
court under this section may be reviewed only by the Su-
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preme Court under section 1254 of title 28, United States
Code.’’.
(b) In the analysis of chapter 51, strike the item des-
ignated ‘‘5127’’ and substitute the following:
‘‘5127. Judicial review.
‘‘5128. Authorization of appropriations.’’.
SEC. 10017. AUTHORIZATION OF APPROPRIATIONS.
Section 5128, as redesignated, is amended—
(1) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f);
(2) by revising subsection (a) to read as follows:
‘‘(a) GENERAL.—Not more than $15,492,000 may be
appropriated to the Secretary of Transportation for fiscal
year 1998, and such sums as may be necessary for fiscal
years 1999, 2000, 2001, 2002, and 2003, to carry out
this chapter (except sections 5107(e), 5108(g)(2), 5113,
5115, 5116, and 5119).’’;
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) TRAINING
CURRICULUM.—Not more than
$200,000 is available to the Secretary of Transportation
from the account established under section 5116(i) of this
title for each of the fiscal years ending September 30,
1999–2003, to carry out section 5115 of this title.’’;
(4) by amending subsection (d) to read as fol-
lows:
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‘‘(d) PLANNING AND TRAINING.—(1) Not more than
$2,444,000 is available to the Secretary of Transportation
from the account established under section 5116(i) of this
title for the fiscal year ending September 30, 1998, and
such sums as may be necessary for fiscal years 1999–
2003, to carry out section 5116(a) of this title.
‘‘(2) Not more than $3,666,000 is available to the
Secretary of Transportation from the account established
under section 5116(i) of this title for the fiscal year ending
September 30, 1998, and such sums as may be necessary
for fiscal years 1999–2003, to carry out section 5116(b)
of this title.
‘‘(3) Not more than $600,000 is available to the Sec-
retary of Transportation from the account established
under section 5116(i) of this title for the fiscal year ending
September 30, 1998, and such sums as may be necessary
for fiscal years 1999–2003, to carry out section 5116(f)
of this title.’’; and
(5) by amending subsection (f), as redesignated,
by striking ‘‘(c)–(e)’’ and inserting ‘‘(c) and (d)’’.
TITLE XI—UNDERGROUND DAMAGE
PREVENTION
SEC. 11001. SHORT TITLE.
This title may be cited as the ‘‘Underground Damage
Prevention Act of 1997’’.
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SEC. 11002. UNDERGROUND DAMAGE PREVENTION.
(a) Subtitle VIII of title 49 is amended by adding
a new chapter 602 to read as follows:
‘‘CHAPTER 602—UNDERGROUND DAMAGE PREVENTION
‘‘Sec.
‘‘60201. Definitions.
‘‘60202. Nationwide toll-free telephone number system.
‘‘60203. Elements of a State program.
‘‘60204. Enforcement.
‘‘60205. Grants to States.
‘‘60206. Model program.
‘‘60207. Department of Transportation role.
§ 60201. Definitions
‘‘In this chapter—
‘‘(1) ‘damage’ means an impact or contract
with an underground facility, its appurtenances, or
its protective coating, or weakening of the support
for the facility or protective housing, that requires
repair.
‘‘(2) ‘excavation’ means an operation in which
earth, rock, or other material in the ground is
moved, removed, or otherwise displaced by means of
any mechanized tools or equipment, or any explosive,
but does not include—
‘‘(A) tilling of the soil for agricultural pur-
poses to a depth of 18 inches or less and other
common agricultural practices, as determined
by each State;
‘‘(B) common lawn and garden activities,
as determined by each State; or
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‘‘(C) the digging of a grave in a cemetery.
‘‘(3) ‘excavator’ means a person who conducts
excavation.
‘‘(4) ‘facility operator’ means a person who op-
erates an underground facility.
‘‘(5) ‘hazardous liquid’ has the same meaning
as in section 60101(a)(4) of this title.
‘‘(6) ‘gas’ has the same meaning as in section
60101(a)(2) of this title.
‘‘(7) ‘person’ in addition to its meaning under
section 1 of title 1, includes any agency of Federal,
State, or local government.
‘‘(8) ‘State’ has the same meaning as in section
60101(a)(20) of this title.
‘‘(9) ‘State program’ means the program of a
State to establish or maintain a comprehensive
statewide one-call notification program to protect all
underground facilities from damage due to exca-
vation that contains each element described in sec-
tion 60204 of this title.
‘‘(10) ‘underground facility’ means an under-
ground line, system, or structure used for gathering,
storing, transmitting, or distributing hazardous liq-
uids, gas, communication, electricity, water, steam,
sewage, or other commodities the Secretary of
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Transportation determines should be included under
the requirements of this Act, but does not include a
portion of a line, system, or structure only used to
provide services or materials within real property
controlled by a person with an oil or gas mineral
leasehold interest in that property unless that por-
tion is used for hazardous liquid or gas and is lo-
cated within an easement for a public road, a toll
highway, bridge, or tunnel (within the meaning of 23
U.S.C. 101(a) and 129(a)(2)) or within the bound-
aries of a city, town, or village.
‘‘§ 60202. Nationwide toll-free telephone number sys-
tem
‘‘The Secretary of Transportation shall, in consulta-
tion with the Federal Communications Commission, facil-
ity operators, excavators, and one-call notification system
operators, consider the establishment of a nationwide toll-
free telephone number system to be used in State one-
call notification programs.
‘‘§ 60203. Elements of a State program
‘‘(a) IN GENERAL.—A State program shall—
‘‘(1) provide for a one-call notification system
that—
‘‘(A) applies to all excavators and to all fa-
cility operators;
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‘‘(B) operates in all areas of the State and
does not duplicate the geographical coverage of
other one-call notification systems;
‘‘(C) receives and records appropriate in-
formation from excavators about intended exca-
vations;
‘‘(D) informs facility operators of any in-
tended excavations that may be in the vicinity
of their underground facilities; and
‘‘(E) informs excavators of the facility op-
erators who will be notified of the intended ex-
cavation;
‘‘(2) provide for 24-hour coverage for emer-
gency excavation, with the manner and scope of cov-
erage determined by the State;
‘‘(3) employ mechanisms to ensure that exca-
vators and the general public are aware of the one-
call telephone number and the requirements, sanc-
tions, and benefits of the State program;
‘‘(4) inform excavators of State damage preven-
tion procedures to be followed when excavating;
‘‘(5) require that an excavator contact the one-
call notification system in accordance with State
specifications, which may vary depending on whether
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the excavation is short-term, long-term, routine, con-
tinuous, or emergency;
‘‘(6) require facility operators to locate and
mark or otherwise identify their facilities at an exca-
vation site, in accordance with State specifications,
which may vary depending on whether the exca-
vation is short-term, long-term, routine, continuous,
or emergency;
‘‘(7) provide effective mechanisms for enforce-
ment as described in section 60205 of this title; and
‘‘(8) provide for a fair and appropriate schedule
of fees to cover the costs of providing for, maintain-
ing, and operating the State program.
‘‘(b) EXCEPTION.—A State program need not require
an excavator to contact the one-call system if the exca-
vation is undertaken on behalf of a person with an oil or
gas mineral leasehold interest in real property who also
operates all underground facilities on that property.
‘‘(c) IMPLEMENTATION.—A State program may be
provided for through the establishment of a new program,
or through modification or improvement of an existing
program and may be implemented, in whole or in part,
by a nongovernmental organization, including a railroad
or an airport authority.
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‘‘§ 60204. Enforcement
‘‘(a) GENERAL.—Effective mechanisms for enforce-
ment of a State program shall be developed by the State.
The State shall consider inclusion of the following ele-
ments:
‘‘(1) Enforcement against an excavator or facil-
ity operator who violates the requirements of the
State program.
‘‘(2) Appropriate civil penalty sanctions admin-
istratively assessed.
‘‘(3) Increased penalties if a violation is sub-
stantially the same as a prior violation, or if a viola-
tion results in death, serious bodily harm, or actual
damage to property exceeding $50,000, or in the re-
lease of more than 50 barrels of hazardous liquid.
‘‘(4) Criminal sanctions for a knowing and will-
ful violation.
‘‘(5) Lesser sanctions in case of a violation that
is promptly reported by the violator.
‘‘(6) Equitable relief to compel compliance.
‘‘(7) Procedures for issuing a citation of viola-
tion at the site and time of the violation.
‘‘(b) STATE ENFORCEMENT.—Nothing in this section
limits a State in developing any mechanism for enforce-
ment that the State finds effective.
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authorities to the Secretary of Health and Human
Services, is appropriate.
SEC. 12003. RESPONSIBILITIES OF THE SECRETARY OF
HEALTH AND HUMAN SERVICES.
(a) UNSANITARY TRANSPORT DEEMED ADULTERA-
TION.—Section 402 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 342) is amended by adding at the
end the following new subsection:
‘‘(h) If it is transported under conditions that are not
in compliance with the sanitary transportation practices
prescribed by the Secretary under section 414.’’.
(b) SANITARY TRANSPORTATION REQUIREMENTS.—
Chapter IV of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341 et seq.) is amended by adding at the end
the following new section:
‘‘§ 414. Sanitary transportation of food
‘‘(a) SANITARY TRANSPORTATION PRACTICES.—The
Secretary shall establish by regulation sanitary transpor-
tation practices which shippers, carriers, receivers, and
other persons engaged in the transportation of food shall
be required to follow to ensure that the food is not trans-
ported under conditions that may render it adulterated,
including such practices as the Secretary may find appro-
priate relating to—
‘‘(1) sanitation;