829 
‘‘(H) Incentives for innovation, consistency, pre-
dictability, lower costs of enforcement and compliance 
(to government entities, regulated entities, and the 
public), and flexibility. 
‘‘(I) Any reasonable alternatives for a new rule 
or other response identified by the agency or inter-
ested persons, including not only responses that man-
date particular conduct or manners of compliance, 
but also— 
‘‘(i) the alternative of no Federal response; 
‘‘(ii) amending or rescinding existing rules; 
‘‘(iii) potential regional, State, local, or 
tribal regulatory action or other responses that 
could be taken in lieu of agency action; and 
‘‘(iv) potential responses that— 
‘‘(I) specify performance objectives 
rather than conduct or manners of compli-
ance; 
‘‘(II) establish economic incentives to 
encourage desired behavior; 
‘‘(III) provide information upon which 
choices can be made by the public; or 
‘‘(IV) incorporate other innovative al-
ternatives rather than agency actions that 
specify conduct or manners of compliance. 
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‘‘(4) The Secretary shall solicit and take into consider-
ation public comment on the subjects described in subpara-
graphs (A) through (I) of paragraph (3) before issuance of 
a final regulation described in paragraph (3). 
‘‘(5) The Secretary shall follow applicable rulemaking 
procedures under section 553 of title 5 before issuing a bind-
ing obligation applicable to recipients of Federal assistance. 
In this paragraph, the term ‘binding obligation’ means a 
substantive policy statement, rule, or guidance document 
issued by the Secretary that grants rights, imposes obliga-
tions, produces significant effects on private interests, or ef-
fects a significant change in existing policy.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) of this subsection shall apply to regula-
tions for which the notice of proposed rulemaking is 
published after the date of enactment of this Act. 
(d) INCORPORATION BY REFERENCE.—Section 5103(b) 
is further amended by adding after paragraph (5) (as added 
by subsection (c)(1) of this section) the following: 
‘‘(6) In considering whether to incorporate by reference 
any publication in prescribing regulations, the Secretary 
shall— 
‘‘(A) consider— 
‘‘(i) the cost of such publication; 
‘‘(ii) the broadness of its applicability; 
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‘‘(iii) the cost imposed on the public in ac-
quiring such publication; and 
‘‘(iv) other alternatives to incorporation by 
reference; and 
‘‘(B) either incorporate by reference the publica-
tion or use the alternative that meets the Department 
of Transportation’s safety objectives in the most cost- 
effective manner.’’. 
SEC. 9007. INSPECTIONS OF MOTOR VEHICLES TRANS-
PORTING RADIOACTIVE MATERIAL. 
Section 5105(d) is amended to read as follows: 
‘‘(d) INSPECTIONS
OF
MOTOR
VEHICLES
TRANS-
PORTING CERTAIN MATERIAL.— 
‘‘(1) REQUIREMENT.—The Secretary shall re-
quire by regulation that before each use of a motor ve-
hicle to transport a highway-route-controlled quantity 
of radioactive material in commerce, the vehicle shall 
be inspected and certified as complying with this 
chapter and applicable United States motor carrier 
safety laws and regulations. 
‘‘(2) TYPE
OF
INSPECTOR.—In carrying out 
paragraph (1), the Secretary may— 
‘‘(A) require that the inspection be carried 
out by an authorized United States Government 
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inspector or according to appropriate State pro-
cedures; or 
‘‘(B) allow a person, transporting or caus-
ing to be transported a highway-route-controlled 
quantity of radioactive material, to inspect the 
motor vehicle used to transport the material and 
to certify that the vehicle complies with this 
chapter. 
‘‘(3) QUALIFICATION REQUIREMENTS.—An indi-
vidual conducting an inspection under paragraph 
(2)(B) shall be in compliance with the inspector qual-
ification requirements the Secretary prescribes for an 
individual inspecting a motor vehicle. 
‘‘(4) PREEMPTION.—Each State that a motor ve-
hicle transporting a highway-route-controlled quan-
tity of radioactive material in commerce enters shall 
recognize the inspection and certification required by 
paragraph (1) and may not require a new inspection 
at an equivalent level and certification except as pro-
vided in paragraph (5). 
‘‘(5) CHANGED
CONDITION.—If an en route 
change to the condition of the cargo, the driver, the 
motor vehicle, or the operation of the motor vehicle in-
validates the certification under paragraph (1), the 
State where such change is discovered may require a 
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new inspection and certification under such para-
graph.’’. 
SEC. 9008. HAZMAT EMPLOYEE TRAINING REQUIREMENTS 
AND GRANTS. 
(a) TRAINING GRANTS.—Section 5107 is amended— 
(1) by striking subsections (e) and (h); and 
(2) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively. 
(b) SAFE LOADING, UNLOADING, AND HANDLING.— 
Section 5107(f)(2), as redesignated by subsection (a)(2) of 
this section, is amended by striking ‘‘and section 5106’’. 
SEC. 9009. FEES. 
Section 5108(g)(2) is amended— 
(1) in subparagraph (A)— 
(A) in the matter before clause (i) by strik-
ing ‘‘be at least $250 but not more than’’ and in-
serting ‘‘not exceed’’; and 
(B) in clause (viii) by striking ‘‘sections 
5108(g)(2), 5115,’’ and inserting ‘‘this para-
graph and sections 5115’’; and 
(2) by adding at the end the following: 
‘‘(D) In establishing and collecting a fee under sub-
paragraph (A), the Secretary may not consider whether a 
person has or is likely to apply for a special permit or ap-
proval, nor is the Secretary authorized to establish a sepa-
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rate fee in order to apply for or receive a special permit 
or approval.’’. 
SEC. 9010. MOTOR CARRIER SAFETY PERMITS. 
(a) 
APPLICABLE
TRANSPORTATION.—Section 
5109(b)(1) is amended by striking ‘‘class A or B’’ and in-
serting ‘‘division 1.1, 1.2, or 1.3’’. 
(b) OFFEROR RESPONSIBILITY.—The heading for sub-
section (f) of section 5109 is amended by striking ‘‘SHIP-
PER’’ and inserting ‘‘OFFEROR’’. 
(c) TECHNICAL AMENDMENT.—Section 5109 is amend-
ed by striking subsection (h). 
(d) PROGRAM REVIEW AND REPORT.— 
(1) PROGRAM REVIEW.— 
(A) IN GENERAL.—Not later than 9 months 
after the date of enactment of this Act, the Sec-
retary of Transportation shall conduct a pro-
ceeding, using notice and comment procedures in 
accordance with section 553 of title 5, United 
States Code, to examine the implementation of 
the hazardous material safety permit program 
established by section 5109 of title 49 of such 
Code, including— 
(i) safety concerns related to former 
permit holders that have re-applied for a 
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permit after being out of the program for a 
year or longer; and 
(ii) fairness of the program for carriers 
whose total number of inspections over the 
course of the fiscal year cycle may create a 
disadvantage. 
(B) CONSULTATION.—In carrying out sub-
paragraph (A), the Secretary shall consult with 
motor carriers, persons offering hazardous mate-
rial for transportation in commerce, the Com-
mercial Vehicle Safety Alliance, and others that 
have direct experience with the implementation 
of the program. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary of Transportation shall transmit to the 
Committee on Transportation and Infrastructure 
of the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the implementa-
tion of the hazardous material safety permit pro-
gram established by section 5109 of title 49, 
United States Code. 
(B) CONTENTS.—The report shall include— 
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(i) an identification of the number of 
permits that have been issued, denied, re-
voked, or suspended for each registration 
cycle since the inception of the program by 
the type of covered hazardous material 
transported; 
(ii) an explanation of the reason for 
each denial, revocation, and suspension, in-
cluding administrative denials, revocations, 
and suspensions; 
(iii) a record and analysis of the types 
of implementation issues identified in the 
proceeding under paragraph (1)(A); and 
(iv) a description of the Secretary’s ac-
tions— 
(I) to simplify the permit appli-
cation process; 
(II) to minimize the number of 
administrative 
denials, 
revocations, 
and suspensions; 
(III) to address the issues identi-
fied under clause (iii); and 
(IV) to ensure a consistent stand-
ard of safety fitness that does not fluc-
tuate over time. 
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(e) REGULATION.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall take such actions as are necessary to ensure 
that regulations prescribed to carry out the program under 
section 5109 of title 49, United States Code, ensure a con-
sistent standard of safety fitness that does not fluctuate over 
time and address issues identified in the proceeding in sub-
section (d)(1)(A). 
SEC. 9011. PLANNING AND TRAINING GRANTS, MONI-
TORING, AND REVIEW. 
(a) TRAINING GRANTS.—Section 5116(b)(4) is amend-
ed— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting ‘‘and subsection (a)’’ after 
‘‘this subsection’’; and 
(B) by inserting ‘‘planning and’’ after 
‘‘emergency response’’; and 
(2) in subparagraph (E) by inserting ‘‘and sub-
section (a)’’ before the period at the end. 
(b) COMPLIANCE
WITH
CERTAIN
LAWS.—Section 
5116(c) is amended to read as follows: 
‘‘(c) COMPLIANCE WITH CERTAIN LAW.—The Sec-
retary may make a grant to a State or Indian tribe under 
this section in a fiscal year only if— 
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‘‘(1) the State certifies that the State complies 
with sections 301 and 303 of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 
U.S.C. 11001, 11003); and 
‘‘(2) the State or Indian tribe certifies to the Sec-
retary that such State or Indian tribe is in compli-
ance with section 5125(f).’’. 
(c) 
SUPPLEMENTAL
TRAINING
GRANTS.—Section 
5116(j) is amended— 
(1) in paragraph (1) by striking ‘‘funds,’’ and 
all that follows through ‘‘fighting fires for’’ and in-
serting ‘‘funds and through a competitive process, 
make grants to national nonprofit fire service organi-
zations for’’; 
(2) in paragraph (3)(A) by striking ‘‘train’’ and 
inserting ‘‘provide portable training for’’; and 
(3) in paragraph (4)— 
(A) by striking ‘‘train’’ and inserting ‘‘pro-
vide portable training for’’; and 
(B) by inserting after ‘‘training courses 
shall’’ the following: ‘‘comply with national con-
sensus standards for hazardous material response 
and’’. 
(d) REPORTS.—Section 5116(k) is amended— 
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(1) in the first sentence by striking ‘‘planning 
grants’’ and all that follows through ‘‘and under sec-
tion 5107’’ and inserting ‘‘grants allocated under sub-
sections (a), (b), and (j)’’; 
(2) in the second sentence— 
(A) by inserting ‘‘planning and’’ before 
‘‘training grants’’; and 
(B) by inserting ‘‘planning and’’ before 
‘‘training programs’’. 
SEC. 9012. SPECIAL PERMITS AND EXCLUSIONS. 
Section 5117 is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) AUTHORITY TO ISSUE 
SPECIAL PERMITS.—(1) As provided under pro-
cedures prescribed by regulation,’’ and inserting 
the following: 
‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 
‘‘(1) IN
GENERAL.—As provided under proce-
dures and criteria prescribed by regulation in accord-
ance with section 553 of title 5,’’; 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) REQUIREMENTS.—The Secretary shall en-
sure that the procedures and criteria prescribed under 
paragraph (1) provide adequate consistency, predict-
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ability, and transparency in making the determina-
tions to issue, modify, or terminate a special per-
mit.’’; and 
(C) by striking ‘‘(2) A special permit’’ and 
inserting the following: 
‘‘(3) EFFECTIVE
PERIOD.—A special permit’’; 
and 
(2) by adding at the end the following: 
‘‘(f) LIMITATION ON DENIAL.—The Secretary may not 
deny an application for a modification or renewal of a spe-
cial permit or an application for party status to an existing 
special permit for the sole reason that the applicant has 
a hazardous material out-of-service percentage of greater 
than the national average, according to the safety and fit-
ness records maintained by the Federal Motor Carrier Safe-
ty Administration. 
‘‘(g) INCORPORATION INTO REGULATION.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date on which a special permit has been in con-
tinuous effect for a 6-year period, the Secretary shall 
develop and implement a rulemaking pursuant to sec-
tion 5103 to incorporate the special permit into regu-
lation if the special permit— 
‘‘(A) concerns a matter of general applica-
bility; 
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‘‘(B) has future effect; and 
‘‘(C) is consistent with hazardous material 
safety. 
‘‘(2) INTENT.—Nothing in paragraph (1) limits 
the Secretary from incorporating a special permit 
into regulation at any time before the deadline set by 
paragraph (1). 
‘‘(3) OLDER SPECIAL PERMITS.—Not later than 
3 years after the date of enactment of this subsection, 
the Secretary shall finalize a rulemaking pursuant to 
section 5103 to incorporate into regulation any spe-
cial permit that concerns a matter of general applica-
bility, has future effect, is consistent with hazardous 
material safety, and has been in continuous effect for 
more than a 6-year period as of the date of enactment 
of this subsection.’’. 
SEC. 9013. HAZARDOUS MATERIAL UNIFORM MOTOR CAR-
RIER PERMIT PROGRAM. 
Section 5119 is amended by striking subsection (a) 
and all that follows through the end of the section and in-
serting the following: 
‘‘(a) UNIFORM MOTOR CARRIER PERMIT PROGRAM 
DEFINED.—In this section, the term ‘Uniform Motor Car-
rier Permit Program’ means the State-based, reciprocal 
program of uniform forms and procedures for registering 
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and permitting persons who transport hazardous material 
by motor vehicle developed and recommended by the Alli-
ance for Uniform Hazmat Transportation Procedures, in-
cluding any superseding amendments or revisions adopted 
by the Secretary pursuant to subsection (b). 
‘‘(b) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Hazardous Material 
Transportation Safety, Efficiency, and Accountability 
Act of 2012, the Secretary shall issue regulations to 
implement the Uniform Motor Carrier Permit Pro-
gram. 
‘‘(2) REVISIONS.—The Secretary may modify the 
regulations issued under paragraph (1) only as nec-
essary to promote safety, efficiency, and uniformity. 
‘‘(c) FINANCIAL
AND TECHNICAL ASSISTANCE
AND 
SUPPORT.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
planning and transition assistance to States to facili-
tate the adoption of the Uniform Motor Carrier Per-
mit Program. 
‘‘(2) USE OF FUNDS.—A State shall use assist-
ance awarded under this subsection only to transition 
existing State registration and permitting programs 
to the Uniform Motor Carrier Permit Program. 
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‘‘(3) TERMINATION OF AUTHORITY.—The author-
ity to provide assistance to States under this sub-
section shall terminate 6 years after the date of enact-
ment of the Hazardous Material Transportation Safe-
ty, Efficiency, and Accountability Act of 2012. 
‘‘(d) COOPERATIVE AGREEMENT.—The Secretary may 
enter into a cooperative agreement for outreach, data man-
agement, and other centralized functions supporting imple-
mentation of the Uniform Motor Carrier Permit Program. 
‘‘(e) RELATED EXPENSES.—For purposes of section 
5125(f)(1), a fee used for a purpose related to transporting 
hazardous material may include the costs incurred in im-
plementing and administering the Uniform Motor Carrier 
Permit Program, including the costs of establishing or 
modifying forms, procedures, and systems. 
‘‘(f) TRANSITION OF STATE PROGRAMS.—Not later 
than 6 years after the date of enactment of the Hazardous 
Material Transportation Safety, Efficiency, and Account-
ability Act of 2012, a State may enforce registration and 
permitting requirements for motor carriers that transport 
hazardous material in commerce only in accordance with 
the Uniform Motor Carrier Permit Program. 
‘‘(g) LIMITATION.—Nothing in this section shall define 
or limit the amount of a fee a State may impose or collect 
for registration and permitting.’’. 
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SEC. 9014. INTERNATIONAL UNIFORMITY OF STANDARDS 
AND REQUIREMENTS. 
Section 5120 is amended— 
(1) in subsection (a) by striking ‘‘State, the Sec-
retary of Transportation shall participate’’ and in-
serting ‘‘State and the Secretary of Transportation, 
the Administrator of the Pipelines and Hazardous 
Materials Safety Administration, or the Administra-
tor’s designee, shall represent the United States and 
serve as the United States competent authority’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘The Secretary’’ and insert-
ing ‘‘The Administrator’’; and 
(B) by striking ‘‘sections 5103(b), 5104, 
5110, and 5112 of this title’’ and inserting ‘‘this 
chapter’’. 
SEC. 9015. INVESTIGATIONS. 
(a) 
INSPECTIONS
AND
INVESTIGATIONS.—Section 
5121(c)(1) is amended— 
(1) in subparagraph (B) by striking ‘‘may con-
tain a hazardous material;’’ and inserting ‘‘may con-
tain an undeclared hazardous material and such ac-
tivity takes place at a properly equipped facility des-
ignated by the Secretary for this purpose;’’; 
(2) in subparagraph (C), in the matter preceding 
clause (i), by striking ‘‘or related packages’’ and in-
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serting ‘‘suspected of containing undeclared hazardous 
material’’; 
(3) in subparagraph (E) by striking ‘‘may 
order’’ and all that follows through ‘‘; and’’ and in-
serting ‘‘may order the offeror, after giving notice to 
the carrier, to have the package transported to, 
opened, and the contents examined and analyzed at 
a properly equipped facility designated by the Sec-
retary for this purpose;’’; 
(4) in subparagraph (F) by striking the period 
at the end and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(G) shall provide contemporaneous notice 
to the affected offeror and carrier of its decision 
to exercise its authority under subparagraph (B), 
(C), (D), or (E).’’. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Section 5121(e) is amended to 
read as follows: 
‘‘(e) REGULATIONS.—To carry out subsections (c) and 
(d), the Secretary shall issue regulations in accordance with 
section 553 of title 5 that address, at a minimum, the fol-
lowing: 
‘‘(1) Avoidance of delay in the transportation of 
time-sensitive materials, such as medical products, 
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perishables, and other packages that are not the sub-
ject of the inspection. 
‘‘(2) Appropriate training and equipment for in-
spectors. 
‘‘(3) Restoration of the properly certified status 
of the inspected package before resumption of trans-
portation of that package. 
‘‘(4) Consideration of the costs and damages that 
might occur as a result of an inspection.’’. 
(2) REGULATION
REQUIRED.—In accordance 
with section 5103(b)(2) of title 49, United States 
Code, not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation 
shall take all actions necessary to finalize a regula-
tion pursuant to section 5121(e) of such title. 
SEC. 9016. BUILDING PARTNERSHIPS FOR IMPROVED SAFE-
TY AND SYSTEM PERFORMANCE. 
Section 5121(g) is amended— 
(1) in paragraph (3) by striking ‘‘or’’ after the 
semicolon; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
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inserting ‘‘activities, including activities conducted 
under subsections (c) and (d),’’; and 
(7) in paragraph (7), as redesignated by para-
graph (3) of this section, by striking ‘‘appropriate 
legislation’’ and inserting ‘‘legislative action that the 
Secretary considers appropriate’’. 
SEC. 9018. CIVIL PENALTIES. 
(a) PENALTY.—Section 5123(a) is amended— 
(1) in paragraph (1) by striking ‘‘at least $250 
but’’; 
(2) by striking paragraph (3) and redesignating 
paragraph (4) as paragraph (3); and 
(3) by adding at the end the following: 
‘‘(4) A carrier shall not be liable for violations of this 
chapter, or a regulation issued under this chapter, stem-
ming from pre-transportation functions, as defined in sec-
tion 171.1 of title 49, Code of Federal Regulations, that are 
performed by another person unless the carrier has actual 
knowledge of a violation.’’. 
(b) PENALTY FOR FAILURE TO MAINTAIN RECORDS, 
REPORTS, AND INFORMATION.—Section 5123 is amended 
by adding at the end the following: 
‘‘(h) PENALTY FOR FAILURE TO MAINTAIN RECORDS, 
REPORTS, AND INFORMATION.—The Secretary may impose 
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a penalty on a person who fails to comply with section 
5121(b).’’. 
SEC. 9019. PREEMPTION. 
(a) BURDEN
ON COMMERCE.—Section 5125(a) is 
amended— 
(1) in paragraph (1) by striking ‘‘or’’ after the 
semicolon; 
(2) in paragraph (2) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) the requirement of the State, political sub-
division, or Indian tribe, as applied or enforced, is an 
unreasonable burden on commerce.’’. 
(b) 
SUBSTANTIVE
DIFFERENCES.—Section 
5125(b)(1)(D) is amended by striking ‘‘written’’. 
(c) ROUTE REGISTRY.—Section 5125(c)(1) is amended 
by striking the period at the end and inserting ‘‘and is pub-
lished in the Department’s hazardous material route reg-
istry under section 5112(c).’’. 
(d) FEES.—Section 5125(f)(2) is amended by striking 
‘‘, upon the Secretary’s request,’’ and inserting ‘‘bienni-
ally’’. 
(e) NON-FEDERAL ENFORCEMENT STANDARDS.—Sec-
tion 5125 is amended by striking subsection (h). 
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(f) CONFORMING CHANGE.—Section 5125 is further 
amended— 
(1) in subsections (d)(1) and (e) by striking ‘‘or 
section 5119(f)’’; and 
(2) in subsection (g) by striking ‘‘, and in sec-
tion 5119(f),’’. 
SEC. 9020. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 is amended to read as follows: 
‘‘§ 5128. Authorization of appropriations 
‘‘(a) IN GENERAL.—In order to carry out this chapter 
(except sections 5108(g)(2), 5113, 5115, 5116, and 5119), 
there are authorized to be appropriated to the Secretary 
$39,000,000 for each of fiscal years 2012 through 2016. 
‘‘(b) HAZARDOUS MATERIAL EMERGENCY PREPARED-
NESS FUND.—For each of the fiscal years 2012 through 
2016, there shall be available to the Secretary, from the ac-
count established pursuant to section 5116(i), the following: 
‘‘(1) To carry out section 5115, $188,000. 
‘‘(2) To carry out subsections (a) and (b) of sec-
tion 5116, $21,800,000. 
‘‘(3) To carry out section 5116(f), $150,000. 
‘‘(4) To publish and distribute the Emergency 
Response 
Guidebook 
under 
section 
5116(j)(3), 
$625,000. 
‘‘(5) To carry out section 5116(j), $1,000,000. 
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‘‘(c) ISSUANCE OF HAZMAT LICENSES.—There are au-
thorized to be appropriated to the Secretary such amounts 
as may be necessary to carry out section 5103a. 
‘‘(d) 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, tribe, authority, 
or entity. 
‘‘(e) UNIFORM FORMS AND PROCEDURES.—There are 
authorized to be appropriated to the Secretary $1,000,000 
to carry out section 5119. This amount shall remain avail-
able to be expended by the Secretary for the 6-year period 
that begins on the date of enactment of this section. 
‘‘(f) AVAILABILITY
OF AMOUNTS.—Amounts made 
available by or under this section, except for the amount 
under subsection (e), shall remain available until ex-
pended.’’. 
SEC. 9021. ELECTRONIC SHIPPING PAPERS PILOT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish pilot projects, at least one of which shall be 
in a rural area, to evaluate the feasibility and cost effective-
ness of electronic shipping paper systems that facilitate the 
exchange of shipping paper information between offerors of 
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hazardous material under chapter 51 of title 49, United 
States Code, carriers, and emergency responders. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary shall 
transmit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the pilot 
projects carried out under this section. 
(2) CONTENTS.—The report shall contain, at a 
minimum— 
(A) an evaluation of each pilot project, in-
cluding an evaluation of the impacts on safety 
and the performance of each system evaluated 
under that project and a cost-benefit analysis for 
each mode of transportation; and 
(B) based on the results of the cost-benefit 
analyses, a recommendation on whether elec-
tronic shipping papers systems described in sub-
section (a) should be incorporated into the Fed-
eral hazardous material safety program under 
chapter 51 of title 49, United States Code, on a 
permanent basis. 
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SEC. 9022. WETLINES. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall enter into an arrangement with an objec-
tive non-profit organization to conduct a peer-re-
viewed study of the transportation of flammable liq-
uids in the external product piping of cargo tank 
motor vehicles (commonly referred to as ‘‘wetlines’’). 
(2) CONTENTS.—The study shall— 
(A) accurately quantify the number of 
wetlines incidents over a 10-year period; 
(B) identify various alternatives to loading 
and transporting flammable liquids in cargo 
tank wetlines; 
(C) examine the costs and benefits of each 
alternative; and 
(D) identify existing obstacles to imple-
menting each alternative. 
(3) TRANSMITTAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
transmit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a copy of the study. 
(b) REGULATORY RESTRICTION.—The Secretary may 
not issue a final rule regulating the transportation of flam-
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mable liquids in the external product piping of cargo tank 
motor vehicles. 
SEC. 9023. PRODUCT STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a 
study on whether it is necessary to continue to designate 
any amount or form of finished pharmaceutical, finished 
cosmetic, or similar product containing ethyl alcohol as a 
hazardous material under section 5103(a) of title 49, 
United States Code. 
(b) CONTENTS.—The study conducted under subsection 
(a) shall include, at a minimum— 
(1) an evaluation of the history, severity, and 
costs of any incidents in transporting such products; 
(2) an evaluation of the risk posed by such prod-
ucts in commercial packaging in current use in 
transportation and the risk associated in transporting 
the products without any specific packaging required 
by any applicable special permit or regulation; 
(3) the costs to the industry of designating the 
products as hazardous material, including the cost of 
regulation, as compared with the costs of incidents 
that have occurred or are probable with regard to the 
products; and 
(4) a summary of comments from industry stake-
holders and the public on whether there is a need for 
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continued designation of such products as hazardous 
material. 
(c) TRANSMITTAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall transmit 
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 conducted under subsection (a) 
and any proposed actions to be taken by the Secretary re-
sulting from the study. 
TITLE X—WATERBORNE 
TRANSPORTATION 
SEC. 10001. SENSE OF CONGRESS ON HARBOR MAINTE-
NANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) There are 926 ports served by federally main-
tained channels which handle more than 2.2 billion 
tons of cargo annually, and this figure is expected to 
increase. 
(2) More than $1.1 trillion in foreign commerce 
enters the United States through the Nation’s ports 
annually, and this figure is expected to increase. 
(3) Expansion of the Panama Canal system in 
Central America will likely be completed in 2014, and 
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this will present opportunities and challenges for the 
Nation’s economic well-being. 
(4) Insufficient maintenance dredging of the Na-
tion’s navigation channels results in inefficient water 
transportation and harmful economic consequences. 
(5) In 1986, Congress created the Harbor Main-
tenance Trust Fund to provide funds for the oper-
ation and maintenance of the Nation’s navigation 
channels. 
(6) The fiscal year 2011, Harbor Maintenance 
Trust Fund equity grew by 13.7 percent from fiscal 
year 2010 (to $6.42 billion) and total annual receipts 
increased 17.3 percent (to $1.6 billion). 
(7) Despite growth of the Harbor Maintenance 
Trust Fund, expenditures from the Harbor Mainte-
nance Trust Fund continue to decline. 
(8) Despite growth of the Harbor Maintenance 
Trust Fund, federally maintained channels are only 
at their authorized widths or depths 35 percent of the 
time, thereby restricting access to the Nation’s ports 
for both imports and exports. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Harbor Maintenance Trust Fund is not 
being used for its intended purpose and charging 
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maritime commerce a harbor maintenance tax while 
failing to provide the service for which it was estab-
lished is unfair and places the Nation at economic 
risk; 
(2) the Administration should request full use of 
the Harbor Maintenance Trust Fund for operating 
and maintaining the Nation’s navigation system; and 
(3) Congress should fully expend the amounts in 
the Harbor Maintenance Trust Fund to operate and 
maintain the Nation’s navigation system. 
SEC. 10002. STUDY AND REPORT ON STRATEGIC PORTS. 
(a) STUDY REQUIREMENT.—The Secretary shall con-
duct a study on infrastructure facility requirements, road 
and highway improvements, rail connections, and other 
multimodal transportation capacity requirements necessary 
to achieve the following goals with respect to strategic ports: 
(1) Provide greater access to port facilities. 
(2) Reduce congestion. 
(3) Improve the movement of goods. 
(4) Increase productivity. 
(5) Enhance maritime security. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to Con-
gress a report on the results of the study conducted under 
subsection (a), with such recommendations as the Secretary 
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considers necessary to achieve the goals listed in that sub-
section. 
(c) STRATEGIC PORT DEFINED.—In this section, the 
term ‘‘strategic port’’ means a United States port des-
ignated by the Secretary and the Secretary of Defense as 
a significant transportation hub important to the readiness 
and cargo throughput capacity of the Department of De-
fense. 
TITLE 
XI—REAUTHORIZATION 
AND AMENDMENTS TO THE 
SPORT 
FISH 
RESTORATION 
AND BOATING TRUST FUND 
SEC. 11001. SHORT TITLE. 
This title may be cited as the ‘‘Sportfishing and Rec-
reational Boating Safety Act of 2012’’. 
SEC. 11002. REAUTHORIZATION AND AMENDMENTS TO THE 
SPORT FISH RESTORATION AND BOATING 
TRUST FUND. 
(a) DINGELL-JOHNSON SPORT FISH RESTORATION 
ACT.—Section 4 of the Dingell-Johnson Sport Fish Restora-
tion Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a) in the matter preceding 
paragraph (1), by striking ‘‘For each of’’ and all that 
follows through ‘‘the balance of each annual’’ and in-
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