1021
52 of title 49, United States Code, that relate to the Clean
Air Act.
SEC. 6009. SPECIAL RULES RELATING TO PROJECT DEVEL-
OPMENT PROCEDURES.
Section 5252 of title 49, United States Code, as in-
serted by section 6001(a) of this Act, is amended by add-
ing at the end the following:
‘‘(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
‘‘(1) JUDICIAL REVIEW.—Except as set forth
under subsection (k), nothing in this section shall af-
fect the reviewability of any final Federal agency ac-
tion in a court of the United States.
‘‘(2) SAVINGS CLAUSE.—Nothing in this section
shall be construed as superseding, amending, or
modifying the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other Federal
environmental statute or affect the responsibility of
any Federal officer to comply with or enforce any
such statute.
‘‘(3) LIMITATIONS.—Nothing in this section
shall preempt or interfere with—
‘‘(A) any practice of seeking, considering,
or responding to public comment; or
‘‘(B) any power, jurisdiction, responsibility,
or authority that a Federal, State, or local gov-
1022
ernment agency, metropolitan planning organi-
zation, Indian tribe, or project sponsor has with
respect to carrying out a project or any other
provisions of law applicable to projects, plans,
or programs.
‘‘(k) LIMITATIONS ON CLAIMS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, a claim arising under Federal law
seeking judicial review of a permit, license, or ap-
proval issued by a Federal agency for a highway or
public transportation capital project shall be barred
unless it is filed within 90 days after the permit, li-
cense, or approval is final pursuant to the law under
which the agency action is taken, unless a shorter
time is specified in the Federal law pursuant to
which judicial review is allowed. Nothing in this sub-
section shall create a right to judicial review or place
any limit on filing a claim that a person has violated
the terms of a permit, license, or approval.
‘‘(2) NEW INFORMATION.—The Secretary shall
consider new information received after the close of
a comment period if the information satisfies the re-
quirements for a supplemental environmental impact
statement under section 771.130 of title 23, Code of
Federal Regulations. The preparation of a supple-
1023
mental environmental impact statement when re-
quired shall be considered a separate final agency
action and the deadline for filing a claim for judicial
review of such action shall be 90 days after the date
of such action.’’.
TITLE VII—HAZARDOUS
MATERIALS TRANSPORTATION
SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES
CODE.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States
Code.
SEC. 7002. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds with respect to haz-
ardous materials transportation that—
(1) approximately 4,000,000,000 tons of regu-
lated hazardous materials are transported each year
and approximately 1,200,000 movements of haz-
ardous materials occur each day, according to De-
partment of Transportation estimates;
(2) the movement of hazardous materials in
commerce is necessary to maintain economic vitality
1024
and meet consumer demands and must be conducted
in a safe and efficient manner;
(3) accidents involving, or unauthorized access
to, hazardous materials in transportation may result
in a release of such materials and pose a serious
threat to public health and safety;
(4) many States and localities have enacted
laws and regulations that vary from Federal laws
and regulations pertaining to the transportation of
hazardous materials, thereby creating the potential
for unreasonable hazards in other jurisdictions and
confounding shippers and carriers that attempt to
comply with multiple regulatory requirements;
(5) because of the potential risks to life, prop-
erty, and the environment posed by unintentional re-
leases of hazardous materials, consistency in laws
and regulations governing the transportation of haz-
ardous materials is necessary and desirable;
(6) in order to achieve greater uniformity and
to promote the public health, welfare, and safety at
all levels, Federal standards for regulating the trans-
portation of hazardous materials in intrastate, inter-
state, and foreign commerce are necessary and desir-
able; and
1025
(7) in order to provide reasonable, adequate,
and cost-effective protection from the risks posed by
the transportation of hazardous materials, a network
of well-trained State and local emergency response
personnel and hazmat employees is essential.
(b) PURPOSE.—The text of section 5101 is amended
to read as follows: ‘‘The purpose of this chapter is to pro-
tect against the risks to life, property, and the environ-
ment that are inherent in the transportation of hazardous
material in intrastate, interstate, and foreign commerce.’’.
SEC. 7003. DEFINITIONS.
Section 5102 is amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ‘‘; or’’; and
(C) by inserting at the end the following:
‘‘(C) on a United States registered air-
craft.’’;
(2) in paragraph (8) by striking ‘‘national re-
sponse team’’ each place it appears and inserting
‘‘National Response Team’’;
1026
(3) by redesignating paragraphs (11), (12), and
(13) as paragraphs (12), (13), and (14), respec-
tively; and
(4) by inserting after paragraph (10) the fol-
lowing:
‘‘(11) ‘Secretary’ means the Secretary of 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.—
Section 5103(b)(1)(A) is amended—
(1) in clause (i) by striking ‘‘transporting’’ and
inserting ‘‘that transports’’;
(2) in clause (ii)—
(A) by striking ‘‘causing’’ and inserting
‘‘that causes’’; and
(B) by striking ‘‘or’’ at the end; and
(3) by striking clause (iii) and inserting the fol-
lowing:
‘‘(iii) that designs, manufactures, fab-
ricates, inspects, marks, maintains, recondi-
1027
tions, repairs, or tests a package or container
that is represented, marked, certified, or sold by
that person as qualified for use in transporting
hazardous material in commerce;
‘‘(iv) that prepares or accepts hazardous
material for transportation in commerce;
‘‘(v) that is responsible for the safety of
transporting hazardous material in commerce;
‘‘(vi) that certifies compliance with any re-
quirement of this chapter; or
‘‘(vii) that misrepresents whether the per-
son is engaged in any of the activities described
in this subparagraph; and’’.
(c) TECHNICAL AMENDMENT.—Section 5103(b) is
amended—
(1) by moving subparagraph (C) from the end
of paragraph (1) and inserting it after paragraph
(2);
(2) by redesignating such subparagraph as
paragraph (3); and
(3) by moving such paragraph (3) 2 ems to the
left.
SEC. 7005. REPRESENTATION AND TAMPERING.
(a) 
REPRESENTATION.—Section 
5104(a) 
is
amended—
1028
(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. 7006. TECHNICAL AMENDMENTS.
(a) ELIMINATION OF COMPLETED STUDY.—Section
5105 is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as sub-
section (d).
(b) 
CLASSIFICATION
OF
EXPLOSIVES.—Section
5108(a)(1)(B) is amended by striking ‘‘class A or B’’ and
inserting ‘‘Division 1.1, 1.2, or 1.3’’.
SEC. 7007. TRAINING OF CERTAIN EMPLOYEES.
Section 5107 is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
1029
(2) in subsection (g)(2) (as so redesignated) by
striking ‘‘sections 5106, 5108(a)–(g)(1) and (h), and
5109 of this title’’ and inserting ‘‘section 5106’’; and
(3) by inserting after subsection (e) the fol-
lowing:
‘‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Sec-
retary shall ensure that maintenance-of-way employees
and railroad signalmen receive general awareness/famil-
iarization training and safety training pursuant to section
172.704 of title 49, Code of Federal Regulations.’’.
SEC. 7008. REGISTRATION.
(a) PERSONS REQUIRED TO FILE.—Section 5108(a)
is amended—
(1) in paragraph (2)(B) by striking ‘‘manufac-
turing, fabricating, marking, maintaining, recondi-
tioning, repairing, or testing’’ and inserting ‘‘design-
ing, manufacturing, fabricating, inspecting, marking,
maintaining, reconditioning, repairing, or testing’’;
and
(2) by aligning the left margin of paragraph (4)
with the left margin of paragraph (3).
(b) 
FILING
SCHEDULE.—Section 
5108(c) 
is
amended—
(1) by striking the subsection heading and in-
serting‘‘FILING SCHEDULE’’; and
1030
(2) in paragraph (1)—
(A) by striking ‘‘must file the first’’ and
inserting ‘‘shall file that’’;
(B) by striking ‘‘not later than March 31,
1992’’ and inserting ‘‘in accordance with regu-
lations issued by the Secretary’’; and
(C) by striking the second sentence.
(c) FEES.—Section 5108(g) is amended—
(1) in paragraph (1) by striking ‘‘may’’ and in-
serting ‘‘shall’’;
(2) in paragraph (2)(A) by striking ‘‘$5,000’’
and inserting ‘‘$3,000’’; and
(3) by adding at the end the following:
‘‘(3) FEES
ON
EXEMPT
PERSONS.—Notwith-
standing subsection (a)(4), the Secretary shall im-
pose and collect a fee of $25 from a person who is
required to register under this section but who is
otherwise exempted by the Secretary from paying
any fee under this section. The fee shall be used to
pay the cost of the Secretary in processing registra-
tion statements filed by such persons.’’.
(d) RELATIONSHIP
TO
OTHER
LAWS.—Section
5108(i)(2)(B) is amended by inserting ‘‘, Indian tribe,’’
after ‘‘State’’ the first place it appears.
1031
(e) HAZMAT
REGISTRATION
NOTIFICATION.—As
soon as practicable, the Pipeline and Hazardous Materials
Safety Administrator of the Department of Transpor-
tation shall transmit to the Federal Motor Carrier Safety
Administration hazardous material registrant information
obtained before, on, or after the date of enactment of this
Act under section 5108 of title 49, United States Code,
together with any Department of Transportation identi-
fication number for each registrant.
SEC. 7009. 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’’.
SEC. 7010. RAIL TANK CARS.
Section 5111, and the item relating to such section
in the analysis for chapter 51, are repealed.
SEC. 7011. UNSATISFACTORY SAFETY RATING.
The text of section 5113 is amended to read as fol-
lows: ‘‘A person who violates section 31144(c)(3) shall be
subject to the penalties in sections 5123 and 5124.’’.
1032
SEC. 7012. TRAINING CURRICULUM FOR THE PUBLIC SEC-
TOR.
(a) 
REQUIREMENTS.—Section 
5115(b)(1)(C) 
is
amended by striking ‘‘under other United States Govern-
ment grant programs, including those’’ and inserting
‘‘with Federal financial assistance, including programs’’.
(b) TRAINING
ON COMPLYING WITH LEGAL RE-
QUIREMENTS.—Section 5115(c)(3) is amended by insert-
ing before the period at the end the following: ‘‘and such
other voluntary consensus standard-setting organizations
as the Secretary determines appropriate’’.
(c) DISTRIBUTION
AND
PUBLICATION.—Section
5115(d) is amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘national response team’’ and inserting
‘‘National Response Team’’;
(2) in paragraph (1) by striking ‘‘Director of
the Federal Emergency Management Agency’’ and
inserting ‘‘Secretary’’; and
(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’’.
1033
SEC. 7013. PLANNING AND TRAINING GRANTS, MONI-
TORING, AND REVIEW.
(a) FACTORS
TO
CONSIDER
IN
DETERMINING
NEEDS.—Section 5116(b)(4) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by redesignating subparagraph (E) as sub-
paragraph (F); and
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) the report submitted by the State to the
Secretary under section 5125(f)(2); and’’.
(b) COMPLIANCE WITH CERTAIN LAW.—Section
5116(c) is amended—
(1) by inserting ‘‘or Indian tribe’’ after ‘‘a
State’’;
(2) by inserting ‘‘or Indian tribe’’ after ‘‘the
State’’ the first place it appears; and
(3) by inserting ‘‘(1) the State or Indian tribe
is complying with all applicable requirements of this
chapter (including section 5125(f)), and (2) in the
case of a State,’’ after ‘‘certifies that’’.
(c) GOVERNMENT’S
SHARE
OF
COSTS.—Section
5116(e) is amended by striking the second sentence and
inserting the following: ‘‘Amounts received by the State
1034
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.—
Section 5116(f) is amended—
(1) in the first sentence—
(A) by striking ‘‘Secretaries of Transpor-
tation and Energy,’’ and inserting ‘‘Secretary of
Energy, Director of the Federal Emergency
Management Agency,’’; and
(B) by striking ‘‘Director of the Federal
Emergency Management Agency shall’’ and in-
serting ‘‘Secretary of Transportation shall’’;
and
(2) in the second sentence—
(A) by striking ‘‘the Secretaries, Adminis-
trator, and Directors each shall’’ and inserting
‘‘the Secretary shall’’; and
(B) by striking ‘‘national response team’’
and inserting ‘‘National Response Team’’.
(e) DELEGATION OF AUTHORITY.—Section 5116(g)
is amended by striking ‘‘Government grant programs’’ and
inserting ‘‘Federal financial assistance’’.
(f) HAZARDOUS
MATERIALS
EMERGENCY
PRE-
PAREDNESS FUND.—Section 5116(i) is amended—
1035
(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
‘Hazardous Materials Emergency Preparedness
Fund’,’’ after ‘‘account in the Treasury’’; and
(B) by striking ‘‘section 5108(g)(2)(A) of
this title’’ and all that follows before the period
at the end of the first sentence and inserting
‘‘this chapter’’;
(3) by striking ‘‘and’’ at the end of paragraph
(2);
(4) by redesignating paragraph (3) as para-
graph (4); and
(5) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) to publish and distribute the Emergency
Response Guidebook; and’’.
(g) REPORTS.—In section 5116(k)—
(1) by striking the first sentence and inserting
the following: ‘‘The Secretary shall submit to Con-
gress and make available to the public annually a re-
port on the allocation and uses of planning grants
under subsection (a), training grants under sub-
1036
section (b), and grants under subsection (j) and
under section 5107.’’; and
(2) in the second sentence by striking ‘‘Such re-
port’’ and inserting ‘‘The report’’.
SEC. 7014. SPECIAL PERMITS AND EXCLUSIONS.
(a) SECTION HEADING.—
(1) IN GENERAL.—Section 5117 is amended by
striking the section number and heading and insert-
ing the following:
‘‘§ 5117. Special permits and exclusions’’.
(2) CONFORMING AMENDMENT.—The item re-
lating to section 5117 in the analysis for chapter 51
is amended to read as follows:
‘‘5117. Special permits and exclusions.’’.
(b) SUBSECTION HEADING.—The heading for sub-
section (a) of section 5117 is amended by striking ‘‘EX-
EMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’.
(c) AUTHORITY TO ISSUE SPECIAL PERMITS.—Sec-
tion 5117(a)(1) is amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘,
modify, or terminate a special permit authorizing a
variance’’; and
(2) by striking ‘‘transporting, or causing to be
transported, hazardous material’’ and inserting
‘‘performing a function regulated by the Secretary
under section 5103(b)(1)’’.
1037
(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—
(1) by striking ‘‘an exemption’’ and inserting ‘‘a
special permit’’; and
(2) by striking ‘‘be exempt’’ and inserting ‘‘be
granted a variance’’.
SEC. 7015. UNIFORM FORMS AND PROCEDURES.
Section 5119 is amended to read as follows:
1038
‘‘§ 5119. Uniform forms and procedures
‘‘(a) ESTABLISHMENT OF WORKING GROUP.—The
Secretary shall establish a working group of State and
local government officials, including representatives of the
National Governors’ Association, the National Association
of Counties, the National League of Cities, the United
States Conference of Mayors, the National Conference of
State Legislatures, and the Alliance for Uniform Hazmat
Transportation Procedures.
‘‘(b) PURPOSE OF WORKING GROUP.—The purpose
of the working group shall be to establish uniform forms
and procedures for a State to register, and to issue per-
mits to, persons that transport, or cause to be transported,
hazardous material by motor vehicle in the State.
‘‘(c) LIMITATION ON WORKING GROUP.—The work-
ing group may not propose to define or limit the amount
of a fee a State may impose or collect.
‘‘(d) PROCEDURE.—The Secretary shall develop a
procedure by which the working group shall harmonize ex-
isting State registration and permit laws and regulations
relating to the transportation of hazardous materials, with
special attention paid to each State’s unique safety con-
cerns and interest in maintaining strong hazmat safety
standards.
‘‘(e) REPORT OF WORKING GROUP.—Not later than
18 months after the date of enactment of this subsection,
1039
the working group shall transmit to the Secretary a report
containing 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 uni-
form forms and procedures until such time as the Sec-
retary issues regulations under subsection (f).’’.
SEC. 7016. INTERNATIONAL UNIFORMITY OF STANDARDS
AND REQUIREMENTS.
(a) CONSULTATION.—Section 5120(b) is amended by
inserting ‘‘and requirements’’ after ‘‘standards’’.
(b) DIFFERENCES WITH INTERNATIONAL STAND-
ARDS
AND
REQUIREMENTS.—Section 
5120(c) 
is
amended—
(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’’.
1040
SEC. 7017. 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 ap-
proval issued’’.
(b) RECORDS, REPORTS, AND INFORMATION.—Sec-
tion 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,’’;
(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:
1041
‘‘(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 im-
mediately adjacent to its hazardous material
contents, may gain access to, open, and exam-
ine a package offered for, or in, transportation
when the officer, employee, or agent has an ob-
jectively reasonable and articulable belief that
the package may contain a hazardous material;
‘‘(C) may remove from transportation a
package or related packages in a shipment of-
fered for or in transportation for which—
‘‘(i) such officer, employee, or agent
has 
an 
objectively 
reasonable 
and
articulable belief that the package may
pose an imminent hazard; and
‘‘(ii) such officer, employee, or agent
contemporaneously documents such belief
in accordance with procedures set forth in
1042
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 pack-
age to have the package transported to, opened,
and the contents examined and analyzed, at a
facility appropriate for the conduct of such ex-
amination and analysis; and
‘‘(F) when safety might otherwise be com-
promised, may authorize properly qualified per-
sonnel to assist in the activities conducted
under this subsection.
‘‘(2) DISPLAY
OF
CREDENTIALS.—An officer,
employee, or agent acting under this subsection shall
display proper credentials when requested.
‘‘(3) 
SAFE
RESUMPTION
OF
TRANSPOR-
TATION.—In instances when, as a result of an in-
spection or investigation under this subsection, an
1043
imminent hazard is not found to exist, the Sec-
retary, 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 MA-
TERIAL TRANSPORTATION.—Section 5121 is amended—
(1) by redesignating subsections (d) and (e) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (c) the fol-
lowing:
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) IN GENERAL.—If, upon inspection, inves-
tigation, testing, or research, the Secretary deter-
mines that either a violation of a provision of this
chapter or a regulation issued under this chapter, or
an unsafe condition or practice, constitutes or is
causing an imminent hazard, the Secretary may
issue an emergency order, without notice or the op-
1044
portunity for a hearing, but only to the extent nec-
essary to abate the imminent hazard.
‘‘(2) WRITTEN ORDERS.—An emergency order
issued under paragraph (1) shall be in writing, de-
scribe the violation, condition, or practice that is
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 Secretary shall provide an opportunity for review
of the order under section 554 of title 5 if a petition
for review is filed within 20 calendar days after the
date of issuance of the order.
‘‘(4) EXPIRATION
OF
EFFECTIVENESS
OF
EMERGENCY ORDER.—If a petition for review is filed
for an order and the review is not completed by the
end of the 30-day period beginning on the date the
petition was filed, the order shall cease to be effec-
tive at the end of that period unless the Secretary
determines in writing that the emergency situation
still exists.
‘‘(e) REGULATIONS.—
1045
‘‘(1) TEMPORARY
REGULATIONS.—Not later
than 60 days after the date of enactment of the
Transportation Equity Act: A Legacy for Users, the
Secretary shall issue temporary regulations to carry
out subsections (c) and (d). The temporary regula-
tions shall expire on the date of issuance of the reg-
ulations 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
subsection (d)(1) of this section) is amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘submit to the President for transmittal to
the Congress’’ and inserting ‘‘transmit to the Com-
mittee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Commerce, Science, and Transportation of the Sen-
ate’’; and
(2) in paragraph (4) by inserting ‘‘relating to a
function regulated by the Secretary under section
5103(b)(1)’’ after ‘‘activities’’.
1046
(f) REPEAL
OF
OBSOLETE
PROVISION.—Section
5118, and the item relating to such section in the analysis
for chapter 51, are repealed.
SEC. 7018. 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 fac-
tors as prescribed for the Secretary in an administrative
case under section 5123.’’.
(b) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is
amended by striking ‘‘or ameliorate the’’ and inserting ‘‘or
mitigate the’’.
SEC. 7019. CIVIL PENALTY.
(a) PENALTY.—Section 5123(a) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘regulation prescribed or
order issued’’ and inserting ‘‘regulation, order,
special permit, or approval issued’’; and
(B) by striking ‘‘$25,000’’ and inserting
‘‘$50,000’’;
(2) by redesignating paragraph (2) as para-
graph (3); and
1047
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) If the Secretary finds that a violation under
paragraph (1) results in death, serious illness, or severe
injury to any person or substantial destruction of prop-
erty, the Secretary may increase the amount of the civil
penalty for such violation to not more than $100,000.’’.
(b) HEARING REQUIREMENT.—Section 5123(b) is
amended by striking ‘‘regulation prescribed’’ and inserting
‘‘regulation, order, special permit, or approval issued’’.
(c) CIVIL ACTIONS TO COLLECT.—Section 5123(d)
is amended by adding at the end the following: ‘‘In such
action, the validity, amount, and appropriateness of the
civil penalty shall not be subject to review.’’.
(d) COMPROMISE.—Section 5123(e) is amended by
striking ‘‘before referral to the Attorney General’’.
SEC. 7020. CRIMINAL PENALTY.
Section 5124 is amended to read as follows:
‘‘§ 5124. Criminal penalty
‘‘(a) IN GENERAL.—A person knowingly violating
section 5104(b) or willfully or recklessly violating this
chapter or a regulation, order, special permit, or approval
issued under this chapter shall be fined under title 18,
imprisoned for not more than 5 years, or both; except that
the maximum amount of imprisonment shall be 10 years
1048
in any case in which the violation involves the release of
a hazardous material that results in death or bodily injury
to any person.
‘‘(b) KNOWING VIOLATIONS.—For purposes of this
section—
‘‘(1) a person acts knowingly when—
‘‘(A) the person has actual knowledge of
the facts giving rise to the violation; or
‘‘(B) a reasonable person acting in the cir-
cumstances and exercising reasonable care
would have that knowledge; and
‘‘(2) knowledge of the existence of a statutory
provision, or a regulation or a requirement required
by the Secretary, is not an element of an offense
under this section.
‘‘(c) WILLFUL VIOLATIONS.—For purposes of this
section, a person acts willfully when—
‘‘(1) the person has knowledge of the facts giv-
ing rise to the violation; and
‘‘(2) the person has knowledge that the conduct
was unlawful.
‘‘(d) RECKLESS VIOLATIONS.—For purposes of this
section, a person acts recklessly when the person displays
a deliberate indifference or conscious disregard to the con-
sequences of that person’s conduct.’’.
1049
SEC. 7021. PREEMPTION.
(a) DUAL COMPLIANCE AND OBSTACLE TESTS.—
Section 5125(a) is amended by striking the subsection
heading and inserting ‘‘DUAL COMPLIANCE AND OBSTA-
CLE TESTS.—’’.
(b) SUBSTANTIVE DIFFERENCES.—The second sen-
tence of section 5125(b)(2) is amended by striking ‘‘after
November 16, 1990’’.
(c) DECISIONS ON PREEMPTION.—The third sentence
of section 5125(d)(1) is amended by inserting ‘‘and pub-
lish 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 7023(a)(2) of this
Act, the following:
‘‘(g) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Subsections (b), (c)(1), (d), and (g) are inde-
pendent in their application to a requirement of any State,
political subdivision of a State, or Indian tribe and shall
be reviewed independently.’’.
SEC. 7022. RELATIONSHIP TO OTHER LAWS.
Section 5126(a) is amended by striking ‘‘must com-
ply’’ and inserting ‘‘shall comply’’.
SEC. 7023. JUDICIAL REVIEW.
(a) REPEAL.—Section 5125 is amended—
(1) by striking subsection (f);
1050
(2) by redesignating subsection (g) as sub-
section (f); and
(3) in subsection (f) (as so redesignated) by
moving paragraph (2) (including subparagraphs (A)
through (D)) 2 ems to the left.
(b) JUDICIAL REVIEW.—Chapter 51 is amended by
redesignating section 5127 as section 5128 and by insert-
ing after section 5126 the following:
‘‘§ 5127. Judicial review
‘‘(a) FILING AND VENUE.—Except as provided in
section 20114(c), a person adversely affected or aggrieved
by a final action of the Secretary under this chapter may
petition for review of the final action in the United States
Court of Appeals for the District of Columbia or in the
court of appeals for the United States for the circuit in
which the person resides or has its principal place of busi-
ness. The petition must be filed not more than 60 days
after the Secretary’s action becomes final.
‘‘(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a), the clerk of the court imme-
diately shall send a copy of the petition to the Secretary.
The Secretary shall file with the court a record of any
proceeding in which the final action was issued, as pro-
vided in section 2112 of title 28.