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‘‘SUBCHAPTER A—GENERAL PROVISIONS 
‘‘§ 5201. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(2) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
Puerto Rico. 
‘‘SUBCHAPTER B—TRANSPORTATION 
PLANNING AND PROJECT DELIVERY 
‘‘§ 5211. Policy 
‘‘(a) IN GENERAL.—It is in the national interest to— 
‘‘(1) encourage and promote the safe and effi-
cient management, operation, and development of 
surface transportation systems that will serve the 
mobility needs of people and freight and foster eco-
nomic growth and development within and between 
States and urbanized areas, while minimizing trans-
portation-related fuel consumption and air pollution 
through metropolitan and statewide transportation 
planning processes identified in this chapter; and 
‘‘(2) encourage the continued improvement and 
evolution of the metropolitan and statewide trans-
portation planning processes by metropolitan plan-
ning organizations, State departments of transpor-
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tation, and public transit operators as guided by the 
planning factors identified in sections 5213(f) and 
5214(d). 
‘‘(b) COMMON TRANSPORTATION PLANNING PRO-
GRAM.—This subchapter provides a common transpor-
tation planning program to be administered by the Fed-
eral Highway Administration and the Federal Transit Ad-
ministration. 
‘‘§ 5212. Definitions 
‘‘(a) APPLICABILITY BY REFERENCE.—Unless other-
wise specified in subsection (b), the definitions in section 
101(a) of title 23 and section 5302 are applicable to this 
subchapter. 
‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter, 
the following definitions apply: 
‘‘(1) METROPOLITAN
PLANNING
AREA.—The 
term ‘metropolitan planning area’ means the geo-
graphic area determined by agreement between the 
metropolitan planning organization for the area and 
the Governor under section 5213(c). 
‘‘(2) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization cre-
ated as a result of the designation process in section 
5213(b).
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‘‘(3) NONMETROPOLITAN
AREA.—The term 
‘nonmetropolitan area’ means a geographic area out-
side designated metropolitan planning areas. 
‘‘(4) NONMETROPOLITAN
LOCAL
OFFICIAL.— 
The term ‘nonmetropolitan local official’ means 
elected and appointed officials of general purpose 
local government in a nonmetropolitan area with re-
sponsibility for transportation. 
‘‘(5) TIP.—The term ‘TIP’ means a transpor-
tation improvement program developed by a metro-
politan planning organization under section 5213. 
‘‘(6) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographic area with a population of 
50,000 or more, as designated by the Bureau of the 
Census. 
‘‘§ 5213. Metropolitan transportation planning 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT
OF
LONG-RANGE
PLANS 
AND TIPS.—To accomplish the objectives in section 
5211, metropolitan planning organizations des-
ignated under subsection (b), in cooperation with the 
State and public transportation operators, shall de-
velop long-range transportation plans and transpor-
tation improvement programs for metropolitan plan-
ning areas of the State.
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‘‘(2) CONTENTS.—The plans and TIPs for each 
metropolitan area shall provide for the development 
and integrated management and operation of trans-
portation systems and facilities (including accessible 
pedestrian walkways and bicycle transportation fa-
cilities) that will function as an intermodal transpor-
tation system for the metropolitan planning area 
and as an integral part of an intermodal transpor-
tation system for the State and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing the plans and TIPs shall provide for 
consideration of all modes of transportation and 
shall be continuing, cooperative, and comprehensive 
to the degree appropriate, based on the complexity 
of the transportation problems to be addressed. 
‘‘(b) DESIGNATION
OF METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, a 
metropolitan planning organization shall be des-
ignated for each urbanized area with a population of 
more than 50,000 individuals— 
‘‘(A) by agreement between the Governor 
and units of general purpose local government 
that together represent at least 75 percent of
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the affected population (including the largest 
incorporated city (based on population) as 
named by the Bureau of the Census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law. 
‘‘(2) STRUCTURE.—Each metropolitan planning 
organization that serves an area designated as a 
transportation management area, when designated 
or redesignated under this subsection, shall consist 
of— 
‘‘(A) local elected officials; 
‘‘(B) officials of public agencies that ad-
minister or operate major modes of transpor-
tation in the metropolitan area; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to interfere with the authority, under any State law 
in effect on December 18, 1991, of a public agency 
with multimodal transportation responsibilities to— 
‘‘(A) develop the plans and TIPs for adop-
tion by a metropolitan planning organization; 
and
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‘‘(B) develop long-range capital plans, co-
ordinate transit services and projects, and carry 
out other activities pursuant to State law. 
‘‘(4) CONTINUING
DESIGNATION.—A designa-
tion of a metropolitan planning organization under 
this subsection or any other provision of law shall 
remain in effect until the metropolitan planning or-
ganization is redesignated under paragraph (5). 
‘‘(5) REDESIGNATION PROCEDURES.—A metro-
politan planning organization may be redesignated 
by agreement between the Governor and units of 
general purpose local government that together rep-
resent at least 75 percent of the existing planning 
area population (including the largest incorporated 
city (based on population) as named by the Bureau 
of the Census) as appropriate to carry out this sec-
tion. 
‘‘(6) DESIGNATION OF MORE THAN 1 METRO-
POLITAN PLANNING ORGANIZATION.—More than 1 
metropolitan planning organization may be des-
ignated within an existing metropolitan planning 
area only if the Governor and the existing metropoli-
tan planning organization determine that the size 
and complexity of the existing metropolitan planning
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area make designation of more than 1 metropolitan 
planning organization for the area appropriate. 
‘‘(c) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.— 
‘‘(1) IN GENERAL.—For the purposes of this 
section, the boundaries of a metropolitan planning 
area shall be determined by agreement between the 
metropolitan planning organization and the Gov-
ernor. 
‘‘(2) INCLUDED
AREA.—Each metropolitan 
planning area— 
‘‘(A) shall encompass at least the existing 
urbanized area and the contiguous area ex-
pected to become urbanized within a 20-year 
forecast period for the transportation plan; and 
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan 
statistical area, as defined by the Bureau of the 
Census. 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED 
AREAS WITHIN EXISTING PLANNING AREA BOUND-
ARIES.—The designation by the Bureau of the Cen-
sus of new urbanized areas within an existing metro-
politan planning area shall not require the redesig-
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nation of the existing metropolitan planning organi-
zation. 
‘‘(4) 
EXISTING
METROPOLITAN
PLANNING 
AREAS IN NONATTAINMENT.—Notwithstanding para-
graph (2), in the case of an urbanized area des-
ignated as a nonattainment area for ozone or carbon 
monoxide under the Clean Air Act (42 U.S.C. 7401 
et seq.) as of the date of enactment of this para-
graph, the boundaries of the metropolitan planning 
area in existence as of such date of enactment shall 
be retained; except that the boundaries may be ad-
justed by agreement of the Governor and affected 
metropolitan planning organizations in the manner 
described in subsection (b)(5). 
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN 
NONATTAINMENT.—In the case of an urbanized area 
designated after the date of enactment of this para-
graph as a nonattainment area for ozone or carbon 
monoxide, the boundaries of the metropolitan plan-
ning area— 
‘‘(A) shall be established in the manner de-
scribed in subsection (b)(1); 
‘‘(B) shall encompass the areas described 
in paragraph (2)(A);
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‘‘(C) may encompass the areas described in 
paragraph (2)(B); and 
‘‘(D) may address any nonattainment area 
identified under the Clean Air Act for ozone or 
carbon monoxide. 
‘‘(d) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion 
of a multistate metropolitan area and the appro-
priate metropolitan planning organizations to pro-
vide coordinated transportation planning for the en-
tire metropolitan area. 
‘‘(2) INTERSTATE COMPACTS.—The consent of 
Congress is granted to any 2 or more States— 
‘‘(A) to enter into agreements or compacts, 
not in conflict with any law of the United 
States, for cooperative efforts and mutual as-
sistance in support of activities authorized 
under this section as the activities pertain to 
interstate areas and localities within the States; 
and 
‘‘(B) to establish such agencies, joint or 
otherwise, as the States may determine desir-
able for making the agreements and compacts 
effective.
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‘‘(3) LAKE TAHOE REGION.— 
‘‘(A) DEFINITION.—In this paragraph, the 
term ‘Lake Tahoe region’ has the meaning 
given the term ‘region’ in subdivision (a) of ar-
ticle II of the Tahoe Regional Planning Com-
pact, as set forth in the first section of Public 
Law 96–551 (94 Stat. 3234). 
‘‘(B) TRANSPORTATION
PLANNING
PROC-
ESS.—The Secretary shall— 
‘‘(i) establish with the Federal land 
management agencies that have jurisdic-
tion over land in the Lake Tahoe region a 
transportation planning process for the re-
gion; and 
‘‘(ii) coordinate the transportation 
planning process with the planning process 
required of State and local governments 
under this section and section 5214. 
‘‘(C) INTERSTATE COMPACT.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), notwithstanding subsection (b), to 
carry out the transportation planning proc-
ess required by this section, the consent of 
Congress is granted to the States of Cali-
fornia and Nevada to designate a metro-
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politan planning organization for the Lake 
Tahoe region, by agreement between the 
Governors of the States of California and 
Nevada and units of general purpose local 
government that together represent at 
least 75 percent of the affected population 
(including the central city or cities (as de-
fined by the Bureau of the Census)), or in 
accordance with procedures established by 
applicable State or local law. 
‘‘(ii) 
INVOLVEMENT
OF
FEDERAL 
LAND MANAGEMENT AGENCIES.— 
‘‘(I) 
REPRESENTATION.—The 
policy board of a metropolitan plan-
ning organization designated under 
clause (i) shall include a representa-
tive of each Federal land management 
agency that has jurisdiction over land 
in the Lake Tahoe region. 
‘‘(II) FUNDING.—In addition to 
funds made available to the metropoli-
tan planning organization under other 
provisions of title 23 and under chap-
ter 53, not more than 1 percent of the 
funds allocated under section 202 of
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title 23 may be used to carry out the 
transportation planning process for 
the Lake Tahoe region under this 
subparagraph. 
‘‘(D) ACTIVITIES.—Highway projects in-
cluded in transportation plans developed under 
this paragraph— 
‘‘(i) shall be selected for funding in a 
manner that facilitates the participation of 
the Federal land management agencies 
that have jurisdiction over land in the 
Lake Tahoe region; and 
‘‘(ii) may, in accordance with chapter 
2 of title 23, be funded using funds allo-
cated under section 202 of title 23. 
‘‘(4) RESERVATION OF RIGHTS.—The right to 
alter, amend or repeal interstate compacts entered 
into under this subsection is expressly reserved. 
‘‘(e) MPO CONSULTATION IN PLAN AND TIP CO-
ORDINATION.— 
‘‘(1) NONATTAINMENT AREAS.—If more than 1 
metropolitan planning organization has authority 
within a metropolitan area or an area which is des-
ignated as a nonattainment area for ozone or carbon 
monoxide under the Clean Air Act, each metropoli-
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tan planning organization shall consult with the 
other metropolitan planning organizations des-
ignated for such area and the State in the coordina-
tion of plans and TIPs required by this section. 
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED IN MULTIPLE MPOS.—If a transportation 
improvement funded from the Highway Trust Fund 
or authorized under chapter 53 is located within the 
boundaries of more than 1 metropolitan planning 
area, the metropolitan planning organizations shall 
coordinate plans and TIPs regarding the transpor-
tation improvement. 
‘‘(3) RELATIONSHIP
WITH
OTHER
PLANNING 
OFFICIALS.—The Secretary shall encourage each 
metropolitan planning organization to consult with 
those officials responsible for other types of planning 
activities that are affected by transportation in the 
area (including State and local planned growth, eco-
nomic development, environmental protection, air-
port operations, and freight movements) or to co-
ordinate its planning process, to the maximum ex-
tent practicable, with such planning activities. Under 
the metropolitan planning process, transportation 
plans and TIPs shall be developed with due consid-
eration of other related planning activities within the
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metropolitan area, and the process shall provide for 
the design and delivery of transportation services 
within the metropolitan area that are provided by— 
‘‘(A) recipients of assistance under chapter 
53; 
‘‘(B) governmental agencies and nonprofit 
organizations (including representatives of the 
agencies and organizations) that receive Federal 
assistance from a source other than the Depart-
ment 
of 
Transportation 
to 
provide 
non-
emergency transportation services; and 
‘‘(C) recipients of assistance under section 
204 of title 23. 
‘‘(f) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The goals and objectives 
developed through the metropolitan planning process 
for a metropolitan planning area under this section 
shall address the following factors as they relate to 
the performance of the metropolitan area transpor-
tation systems: 
‘‘(A) Support of the economic vitality of 
the metropolitan area, especially by enabling 
global competitiveness, productivity, and effi-
ciency.
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‘‘(B) Increases in the safety and security 
of the transportation system for motorized and 
nonmotorized users. 
‘‘(C) Increases in the accessibility and mo-
bility of people and for freight. 
‘‘(D) Protection and enhancement of the 
environment, promotion of energy conservation, 
improvement of the quality of life, and pro-
motion of consistency between transportation 
improvements and State and local planned 
growth and economic development patterns. 
‘‘(E) Enhancement of the integration and 
connectivity of the transportation system, 
across and between modes, for people and 
freight. 
‘‘(F) Promotion of efficient system man-
agement and operation. 
‘‘(G) Emphasis on the preservation of the 
existing transportation system. 
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to consider any factor specified in paragraph 
(1) shall not be reviewable by any court under title 
23 or this title, subchapter II of chapter 5 of title 
5, or chapter 7 of title 5 in any matter affecting a
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transportation plan, a TIP, a project or strategy, or 
the certification of a planning process. 
‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.— 
‘‘(1) IN
GENERAL.—Each metropolitan plan-
ning organization shall prepare, and update periodi-
cally, according to a schedule that the Secretary de-
termines to be appropriate, a transportation plan for 
its metropolitan planning area in accordance with 
the requirements of this subsection. The metropoli-
tan planning organization shall prepare and update 
such plan every 4 years (or more frequently, if the 
metropolitan planning organization elects to update 
more frequently) in the case of each of the following: 
‘‘(A) any area designated as nonattain-
ment, as defined in section 107(d) of the Clean 
Air Act (42 U.S.C. 7407(d)); and 
‘‘(B) any area that was nonattainment and 
subsequently designated to attainment in ac-
cordance with section 107(d)(3) of that Act (42 
U.S.C. 7407(d)(3)) and that is subject to a 
maintenance plan under section 175A of that 
Act (42 U.S.C. 7505a). 
In the case of any other area required to have a 
transportation plan in accordance with the require-
ments of this subsection, the metropolitan planning
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organization shall prepare and update such plan 
every 4 years unless the metropolitan planning orga-
nization elects to update more frequently. 
‘‘(2) TRANSPORTATION
PLAN.—A transpor-
tation plan under this section shall be in a form that 
the Secretary determines to be appropriate and shall 
contain, at a minimum, the following: 
‘‘(A) An identification of transportation fa-
cilities (including major roadways, transit, 
multimodal and intermodal facilities, and inter-
modal connectors) that should function as an 
integrated metropolitan transportation system, 
giving emphasis to those facilities that serve im-
portant national and regional transportation 
functions. In formulating the transportation 
plan, the metropolitan planning organization 
shall consider factors described in subsection (f) 
as such factors relate to a 20-year forecast pe-
riod. 
‘‘(B) A financial plan that demonstrates 
how the adopted transportation plan can be im-
plemented, indicates resources from public and 
private sources that are reasonably expected to 
be made available to carry out the plan, and 
recommends any additional financing strategies
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for needed projects and programs. The financial 
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the 
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the 
financial plan were available. For the purpose 
of developing the transportation plan, the met-
ropolitan planning organization, transit oper-
ator, and State shall cooperatively develop esti-
mates of funds that will be available to support 
plan implementation. 
‘‘(C) Operational and management strate-
gies to improve the performance of existing 
transportation facilities to relieve vehicular con-
gestion and maximize the safety and mobility of 
people and goods. 
‘‘(D) Capital investment and other strate-
gies to preserve the existing and projected fu-
ture metropolitan transportation infrastructure 
and provide for multimodal capacity increases 
based on regional priorities and needs. 
‘‘(E) Proposed transportation and transit 
enhancement activities. 
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT 
AGENCIES.—In metropolitan areas which are in non-
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attainment for ozone or carbon monoxide under the 
Clean Air Act, the metropolitan planning organiza-
tion shall coordinate the development of a transpor-
tation plan with the process for development of the 
transportation control measures of the State imple-
mentation plan required by the Clean Air Act. 
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Before approving a transportation plan, each 
metropolitan planning organization shall provide citi-
zens, affected public agencies, representatives of 
public transportation employees, freight shippers, 
providers of freight transportation services, private 
providers of transportation, representatives of users 
of public transportation, representatives of users of 
pedestrian walkways and bicycle transportation fa-
cilities, representatives of the disabled, and other in-
terested parties with a reasonable opportunity to 
comment on the transportation plan, in a manner 
that the Secretary deems appropriate. 
‘‘(5) PUBLICATION.—A transportation plan in-
volving Federal participation shall be published or 
otherwise made readily available by the metropolitan 
planning organization for public review and sub-
mitted for information purposes to the Governor at
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such times and in such manner as the Secretary 
shall establish. 
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2)(B), 
a State or metropolitan planning organization shall 
not be required to select any project from the illus-
trative list of additional projects included in the fi-
nancial plan under paragraph (2)(B). 
‘‘(h) METROPOLITAN TIP.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—In cooperation with 
the State and any affected public transportation 
operator, the metropolitan planning organiza-
tion designated for a metropolitan area shall 
develop a TIP for the area for which the orga-
nization is designated. 
‘‘(B) OPPORTUNITY
FOR
COMMENT.—In 
developing the TIP, the metropolitan planning 
organization, in cooperation with the State and 
any affected public transportation operator, 
shall provide citizens, affected public agencies, 
representatives of public transportation employ-
ees, freight shippers, providers of freight trans-
portation services, private providers of transpor-
tation, representatives of users of public trans-
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portation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways 
and bicycle facilities, and other interested par-
ties with a reasonable opportunity to comment 
on the proposed TIP. 
‘‘(C) FUNDING ESTIMATES.—For the pur-
pose of developing the TIP, the metropolitan 
planning organization, public transportation 
agency, and State shall cooperatively develop 
estimates of funds that are reasonably expected 
to be available to support program implementa-
tion. 
‘‘(D) UPDATING
AND
APPROVAL.—The 
TIP shall be updated at least once every 4 
years and shall be approved by the metropolitan 
planning organization and the Governor. 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY LIST.—The TIP shall in-
clude a priority list of proposed federally sup-
ported projects and strategies to be carried out 
within each 4-year period after the initial adop-
tion of the TIP. 
‘‘(B) FINANCIAL PLAN.—The TIP shall in-
clude a financial plan that—
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‘‘(i) demonstrates how the TIP can be 
implemented; 
‘‘(ii) indicates resources from public 
and private sources that are reasonably ex-
pected to be available to carry out the pro-
gram; 
‘‘(iii) identifies innovative financing 
techniques to finance projects, programs, 
and strategies; and 
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the approved TIP if reasonable 
additional resources beyond those identi-
fied in the financial plan were available. 
‘‘(C) DESCRIPTIONS.—Each project in the 
TIP shall include sufficient descriptive material 
(such as type of work, termini, length, and 
other similar factors) to identify the project or 
phase of the project. 
‘‘(D) CONGESTION RELIEF ACTIVITIES.— 
The TIP shall include a listing of congestion re-
lief activities to be carried out to meet the re-
quirements of section 139 of title 23, cat-
egorized as either under one or under three 
congestion relief activities.
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‘‘(3) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS
UNDER
TITLE 23 AND 
CHAPTER 53.—A TIP developed under this sub-
section for a metropolitan area shall include the 
projects within the area that are proposed for 
funding under chapter 1 of title 23 and chapter 
53. 
‘‘(B) PROJECTS
UNDER
CHAPTER 2 OF 
TITLE 23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified 
individually in the TIP. 
‘‘(C) CONSISTENCY
WITH
LONG-RANGE 
TRANSPORTATION PLAN.—Each project shall be 
consistent with the long-range transportation 
plan developed under subsection (g) for the 
area. 
‘‘(D) 
REQUIREMENT
OF
ANTICIPATED 
FULL FUNDING.—The program shall include a 
project, or an identified phase of a project, only 
if full funding can reasonably be anticipated to 
be available for the project within the time pe-
riod contemplated for completion of the project. 
‘‘(4) NOTICE AND COMMENT.—Before approv-
ing a TIP, a metropolitan planning organization, in 
cooperation with the State and any affected public
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transportation operator, shall provide citizens, af-
fected public agencies, representatives of public 
transportation employees, freight shippers, providers 
of freight transportation services, private providers 
of transportation, representatives of users of public 
transportation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways and bi-
cycle facilities, and other interested parties with rea-
sonable notice of and an opportunity to comment on 
the proposed program. 
‘‘(5) SELECTION OF PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in subsection (i)(4) and in addition to 
the TIP development required under paragraph 
(1), the selection of federally funded projects in 
metropolitan areas shall be carried out, from 
the approved TIP— 
‘‘(i) by— 
‘‘(I) in the case of projects under 
title 23, the State; and 
‘‘(II) in the case of projects 
under chapter 53, the designated re-
cipients of public transportation fund-
ing; and
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‘‘(ii) in cooperation with the metro-
politan planning organization. 
‘‘(B) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
law, action by the Secretary shall not be re-
quired to advance a project included in the ap-
proved TIP in place of another project in the 
program. 
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.— 
‘‘(A) NO REQUIRED SELECTION.—Notwith-
standing paragraph (2)(B)(iv), a State or met-
ropolitan planning organization shall not be re-
quired to select any project from the illustrative 
list of additional projects included in the finan-
cial plan under paragraph (2)(B)(iv). 
‘‘(B) REQUIRED
ACTION
BY
THE
SEC-
RETARY.—Action by the Secretary shall be re-
quired for a State or metropolitan planning or-
ganization to select any project from the illus-
trative list of additional projects included in the 
financial plan under paragraph (2)(B)(iv) for 
inclusion in an approved TIP. 
‘‘(7) PUBLICATION.—
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‘‘(A) PUBLICATION OF TIPS.—A TIP in-
volving Federal participation shall be published 
or otherwise made readily available by the met-
ropolitan planning organization for public re-
view. 
‘‘(B) PUBLICATION OF ANNUAL LISTINGS 
OF PROJECTS.—An annual listing of projects 
for which Federal funds have been obligated in 
the preceding year shall be published or other-
wise made available by the metropolitan plan-
ning organization for public review. The listing 
shall be consistent with the categories identified 
in the TIP. 
‘‘(i) TRANSPORTATION MANAGEMENT AREAS.— 
‘‘(1) IDENTIFICATION AND DESIGNATION.— 
‘‘(A) REQUIRED
IDENTIFICATION.—The 
Secretary shall identify as a transportation 
management area each urbanized area (as de-
fined by the Bureau of the Census) with a pop-
ulation of over 200,000 individuals. 
‘‘(B) DESIGNATIONS
ON
REQUEST.—The 
Secretary shall designate any additional area as 
a transportation management area on the re-
quest of the Governor and the metropolitan 
planning organization designated for the area.
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‘‘(2) TRANSPORTATION PLANS.—In a metropoli-
tan planning area serving a transportation manage-
ment area, transportation plans shall be based on a 
continuing and comprehensive transportation plan-
ning process carried out by the metropolitan plan-
ning organization in cooperation with the State and 
public transportation operators. 
‘‘(3) CONGESTION
MANAGEMENT
PROCESS.— 
Within a metropolitan planning area serving a trans-
portation management area, the transportation plan-
ning process under this section shall address conges-
tion management through a process that provides 
for effective management and operation, based on a 
cooperatively developed and implemented metropoli-
tan-wide strategy, of new and existing transportation 
facilities eligible for funding under title 23 and chap-
ter 53 through the use of travel demand reduction 
and operational management strategies and shall 
identify a sufficient number of congestion relief ac-
tivities under section 139 of title 23 to meet the re-
quirements of such section. The Secretary shall es-
tablish an appropriate phase-in schedule for compli-
ance with the requirements of this section but no 
sooner than one year after the identification of a 
transportation management area.
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‘‘(4) SELECTION OF PROJECTS.— 
‘‘(A) IN
GENERAL.—All federally funded 
projects carried out within the boundaries of a 
metropolitan planning area serving a transpor-
tation management area under title 23 (exclud-
ing projects carried out on the National High-
way System and projects carried out under the 
bridge program or the Interstate maintenance 
program) or under chapter 53 shall be selected 
for implementation from the approved TIP by 
the metropolitan planning organization des-
ignated for the area in consultation with the 
State and any affected public transportation op-
erator. 
‘‘(B) 
NATIONAL
HIGHWAY
SYSTEM 
PROJECTS.—Projects, carried out within the 
boundaries of a metropolitan planning area 
serving a transportation management area, on 
the National Highway System and projects car-
ried out within such boundaries under the 
bridge program or the Interstate maintenance 
program under title 23 shall be selected for im-
plementation from the approved TIP by the 
State in cooperation with the metropolitan plan-
ning organization designated for the area.
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‘‘(5) CERTIFICATION.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) ensure that the metropolitan 
planning process of a metropolitan plan-
ning organization serving a transportation 
management area is being carried out in 
accordance with applicable provisions of 
Federal law; and 
‘‘(ii) subject to subparagraph (B), cer-
tify, not less often than once every 4 years, 
that the requirements of this paragraph 
are met with respect to the metropolitan 
planning process. 
‘‘(B) 
REQUIREMENTS
FOR
CERTIFI-
CATION.—The Secretary may make the certifi-
cation under subparagraph (A) if— 
‘‘(i) the transportation planning proc-
ess complies with the requirements of this 
section and other applicable requirements 
of Federal law; and 
‘‘(ii) there is a TIP for the metropoli-
tan planning area that has been approved 
by the metropolitan planning organization 
and the Governor. 
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
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HR 3550 PCS 
‘‘(i) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If a metropolitan planning proc-
ess of a metropolitan planning organization 
serving a transportation management area 
is not certified, the Secretary may withhold 
up to 20 percent of the funds attributable 
to the metropolitan planning area of the 
metropolitan planning organization for 
projects funded under title 23 and chapter 
53. 
‘‘(ii) RESTORATION
OF
WITHHELD 
FUNDS.—The withheld funds shall be re-
stored to the metropolitan planning area at 
such time as the metropolitan planning 
process is certified by the Secretary. 
‘‘(D) REVIEW
OF
CERTIFICATION.—In 
making certification determinations under this 
paragraph, the Secretary shall provide for pub-
lic involvement appropriate to the metropolitan 
area under review. 
‘‘(j) ABBREVIATED PLANS FOR CERTAIN AREAS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
in the case of a metropolitan area not designated as 
a transportation management area under this sec-
tion, the Secretary may provide for the development
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of an abbreviated transportation plan and TIP for 
the metropolitan planning area that the Secretary 
determines is appropriate to achieve the purposes of 
this section, taking into account the complexity of 
transportation problems in the area. 
‘‘(2) NONATTAINMENT AREAS.—The Secretary 
may not permit abbreviated plans or TIPs for a 
metropolitan area that is in nonattainment for ozone 
or carbon monoxide under the Clean Air Act (42 
U.S.C. 7401 et seq.). 
‘‘(k) ADDITIONAL REQUIREMENTS
FOR CERTAIN 
NONATTAINMENT AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provisions of title 23 or chapter 53, for transpor-
tation management areas classified as nonattain-
ment for ozone or carbon monoxide pursuant to the 
Clean Air Act, Federal funds may not be advanced 
in such area for any highway project that will result 
in a significant increase in the carrying capacity for 
single-occupant vehicles unless the project is ad-
dressed through a congestion management process. 
‘‘(2) APPLICABILITY.—This subsection applies 
to a nonattainment area within the metropolitan 
planning area boundaries determined under sub-
section (c).
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‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to confer on 
a metropolitan planning organization the authority to im-
pose legal requirements on any transportation facility, 
provider, or project not eligible under title 23 or chapter 
53. 
‘‘(m) FUNDING.— 
‘‘(1) SET-ASIDES.—Funds set aside under sec-
tion 104(f) of title 23 or section 5305(h) shall be 
available to carry out this section. 
‘‘(2) OTHER FUNDING.—Funds made available 
under section 5338(c) shall be available to carry out 
this section. 
‘‘(n) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.—Since plans and TIPs described in this section are 
subject to a reasonable opportunity for public comment, 
individual projects included in plans and TIPs are subject 
to review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and decisions by the Sec-
retary concerning plans and TIPs described in this section 
have not been reviewed under such Act as of January 1, 
1997, any decision by the Secretary concerning a plan or 
TIP described in this section shall not be considered to 
be a Federal action subject to review under such Act.
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‘‘§ 5214. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT
OF
PLANS
AND
PRO-
GRAMS.—To accomplish the objectives stated in sec-
tion 5211, each State shall develop a statewide 
transportation plan and a statewide transportation 
improvement program for all areas of the State sub-
ject to section 5213. Such program shall cover a pe-
riod of 4 years and be updated every 4 years or 
more frequently if the Governor elects to update 
more frequently. 
‘‘(2) CONTENTS.—The statewide transportation 
plan and the transportation improvement program 
developed for each State shall provide for the devel-
opment and integrated management and operation 
of transportation systems and facilities (including 
accessible pedestrian walkways and bicycle transpor-
tation facilities) that will function as an intermodal 
transportation system for the State and an integral 
part of an intermodal transportation system for the 
United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing the statewide plan and the transpor-
tation improvement program shall provide for con-
sideration of all modes of transportation and the 
policies stated in section 5211, and shall be con-
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HR 3550 PCS 
tinuing, cooperative, and comprehensive to the de-
gree appropriate, based on the complexity of the 
transportation problems to be addressed. 
‘‘(b) COORDINATION WITH METROPOLITAN PLAN-
NING; STATE IMPLEMENTATION PLAN.—A State shall— 
‘‘(1) coordinate planning carried out under this 
section with the transportation planning activities 
carried out under section 5213 for metropolitan 
areas of the State and with statewide trade and eco-
nomic development planning activities and related 
multistate planning efforts; and 
‘‘(2) develop the transportation portion of the 
State implementation plan as required by the Clean 
Air Act (42 U.S.C. 7401 et seq.). 
‘‘(c) INTERSTATE AGREEMENTS.— 
‘‘(1) IN GENERAL.—The consent of Congress is 
granted to 2 or more States entering into agree-
ments or compacts, not in conflict with any law of 
the United States, for cooperative efforts and mu-
tual assistance in support of activities authorized 
under this section related to interstate areas and lo-
calities in the States and establishing authorities the 
States consider desirable for making the agreements 
and compacts effective.
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‘‘(2) RESERVATION OF RIGHTS.—The right to 
alter, amend or repeal interstate compacts entered 
into under this subsection is expressly reserved. 
‘‘(d) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—Each State shall carry out 
a statewide transportation planning process that 
provides for consideration and implementation of 
projects, strategies, and services that will— 
‘‘(A) support the economic vitality of the 
United States, the States, nonmetropolitan 
areas, and metropolitan areas, especially by en-
abling global competitiveness, productivity, and 
efficiency; 
‘‘(B) increase the safety and security of 
the transportation system for motorized and 
nonmotorized users; 
‘‘(C) increase the accessibility and mobility 
of people and freight; 
‘‘(D) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns;
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HR 3550 PCS 
‘‘(E) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes throughout the 
State, for people and freight; 
‘‘(F) promote efficient system management 
and operation; and 
‘‘(G) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to consider any factor specified in paragraph 
(1) shall not be reviewable by any court under title 
23 or this title, subchapter II of chapter 5 of title 
5, or chapter 7 of title 5 in any matter affecting a 
statewide transportation plan, the transportation im-
provement program, a project or strategy, or the 
certification of a planning process. 
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out 
planning under this section, each State shall consider, at 
a minimum— 
‘‘(1) with respect to nonmetropolitan areas, the 
concerns of affected local officials with responsibility 
for transportation; 
‘‘(2) the concerns of Indian tribal governments 
and Federal land management agencies that have
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HR 3550 PCS 
jurisdiction over land within the boundaries of the 
State; and 
‘‘(3) coordination of transportation plans, the 
transportation improvement program, and planning 
activities with related planning activities being car-
ried out outside of metropolitan planning areas and 
between States. 
‘‘(f) LONG-RANGE
STATEWIDE
TRANSPORTATION 
PLAN.— 
‘‘(1) DEVELOPMENT.—Each State shall develop 
a long-range statewide transportation plan, with a 
minimum 20-year forecast period for all areas of the 
State, that provides for the development and imple-
mentation of the intermodal transportation system 
of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN AREAS.—The state-
wide transportation plan shall be developed for 
each metropolitan area in the State in coopera-
tion with the metropolitan planning organiza-
tion designated for the metropolitan area under 
section 5213. 
‘‘(B) NONMETROPOLITAN
AREAS.—With 
respect to nonmetropolitan areas, the statewide 
transportation plan shall be developed in con-
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HR 3550 PCS 
sultation with affected nonmetropolitan officials 
with responsibility for transportation. The Sec-
retary shall not review or approve the consulta-
tion process in each State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to each area of the State under the jurisdiction 
of an Indian tribal government, the statewide 
transportation plan shall be developed in con-
sultation with the tribal government and the 
Secretary of the Interior. 
‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the statewide transportation 
plan, the State shall— 
‘‘(A) provide citizens, affected public agen-
cies, representatives of public transportation 
employees, freight shippers, private providers of 
transportation, representatives of users of pub-
lic transportation, representatives of users of 
pedestrian walkways and bicycle transportation 
facilities, representatives of the disabled, pro-
viders of freight transportation services, and 
other interested parties with a reasonable op-
portunity to comment on the proposed plan; 
and
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HR 3550 PCS 
‘‘(B) identify transportation strategies nec-
essary to efficiently serve the mobility needs of 
people. 
‘‘(4) FINANCIAL PLAN.—The statewide trans-
portation plan may include a financial plan that 
demonstrates how the adopted statewide transpor-
tation plan can be implemented, indicates resources 
from public and private sources that are reasonably 
expected to be made available to carry out the plan, 
and recommends any additional financing strategies 
for needed projects and programs. The financial 
plan may include, for illustrative purposes, addi-
tional projects that would be included in the adopted 
statewide transportation plan if reasonable addi-
tional resources beyond those identified in the finan-
cial plan were available. 
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—A State shall not be required to se-
lect any project from the illustrative list of addi-
tional projects included in the financial plan de-
scribed in paragraph (4). 
‘‘(6) EXISTING SYSTEM.—The statewide trans-
portation plan should include capital, operations and 
management strategies, investments, procedures, 
and other measures to ensure the preservation and
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most efficient use of the existing transportation sys-
tem. 
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT 
PROGRAM.— 
‘‘(1) DEVELOPMENT.—Each State shall develop 
a statewide transportation improvement program for 
all areas of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN
AREAS.—With re-
spect to each metropolitan area in the State, 
the program shall be developed in cooperation 
with the metropolitan planning organization 
designated for the metropolitan area under sec-
tion 5213. 
‘‘(B) NONMETROPOLITAN
AREAS.—With 
respect to each nonmetropolitan area in the 
State, the program shall be developed in con-
sultation with affected nonmetropolitan local of-
ficials with responsibility for transportation. 
The Secretary shall not review or approve the 
specific consultation process in the State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to each area of the State under the jurisdiction 
of an Indian tribal government, the program
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shall be developed in consultation with the trib-
al government and the Secretary of the Interior. 
‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the program, the State shall 
provide citizens, affected public agencies, representa-
tives of public transportation employees, freight 
shippers, private providers of transportation, pro-
viders of freight transportation services, representa-
tives of users of public transportation, representa-
tives of users of pedestrian walkways and bicycle 
transportation facilities, representatives of the dis-
abled, and other interested parties with a reasonable 
opportunity to comment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.— 
‘‘(A) IN GENERAL.—A transportation im-
provement program developed under this sub-
section for a State shall include federally sup-
ported 
surface 
transportation 
expenditures 
within the boundaries of the State. 
‘‘(B) PROJECTS
UNDER
CHAPTER 2 OF 
TITLE 23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified 
individually in the transportation improvement 
program.
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HR 3550 PCS 
‘‘(C) 
CONSISTENCY
WITH
STATEWIDE 
TRANSPORTATION
PLAN.—Each project shall 
be— 
‘‘(i) consistent with the statewide 
transportation plan developed under this 
section for the State; 
‘‘(ii) identical to the project or phase 
of the project as described in an approved 
metropolitan transportation plan; and 
‘‘(iii) in conformance with the applica-
ble State air quality implementation plan 
developed under the Clean Air Act (42 
U.S.C. 7401 et seq.), if the project is car-
ried out in an area designated as non-
attainment for ozone or carbon monoxide 
under that Act. 
‘‘(D) 
REQUIREMENT
OF
ANTICIPATED 
FULL FUNDING.—The transportation improve-
ment program shall include a project, or an 
identified phase of a project, only if full funding 
can reasonably be anticipated to be available for 
the project within the time period contemplated 
for completion of the project. 
‘‘(E) FINANCIAL
PLAN.—The transpor-
tation improvement program may include a fi-
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HR 3550 PCS 
nancial plan that demonstrates how the ap-
proved transportation improvement program 
can be implemented, indicates resources from 
public and private sources that are reasonably 
expected to be made available to carry out the 
transportation improvement program, and rec-
ommends any additional financing strategies for 
needed projects and programs. The financial 
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the 
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the 
financial plan were available. 
‘‘(F) SELECTION OF PROJECTS FROM IL-
LUSTRATIVE LIST.— 
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (E), a State 
shall not be required to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (E). 
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—Action by the Secretary shall be 
required for a State to select any project 
from the illustrative list of additional
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projects included in the financial plan 
under subparagraph (E) for inclusion in an 
approved transportation improvement pro-
gram. 
‘‘(G) PRIORITIES.—The transportation im-
provement program shall reflect the priorities 
for programming and expenditures of funds, in-
cluding transportation enhancement activities, 
required by title 23 and chapter 53. 
‘‘(H) PRIORITIZATION OF CONGESTION RE-
LIEF ACTIVITIES.—The transportation improve-
ment program shall reflect the priorities for 
congestion relief activities included in the met-
ropolitan transportation plan to meet the re-
quirements of section 139 of title 23. 
‘‘(5) PROJECT SELECTION FOR AREAS OF LESS 
THAN 50,000 POPULATION.—Projects carried out in 
areas with populations of less than 50,000 individ-
uals shall be selected, from the approved transpor-
tation improvement program (excluding projects car-
ried out on the National Highway System and 
projects carried out under the bridge program or the 
Interstate maintenance program under title 23 or 
sections 5310, 5311, 5316, and 5317), by the State 
in cooperation with the affected nonmetropolitan
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local officials with responsibility for transportation. 
Projects carried out in areas with populations of less 
than 50,000 individuals on the National Highway 
System or under the bridge program or the Inter-
state maintenance program under title 23 or under 
sections 5310, 5311, 5316, and 5317 shall be se-
lected, from the approved statewide transportation 
improvement program, by the State in consultation 
with the affected nonmetropolitan local officials with 
responsibility for transportation. 
‘‘(6) TRANSPORTATION
IMPROVEMENT
PRO-
GRAM APPROVAL.—Every 4 years, a transportation 
improvement program developed under this sub-
section shall be reviewed and approved by the Sec-
retary if based on a current planning finding. 
‘‘(7) PLANNING FINDING.—A finding shall be 
made by the Secretary at least every 4 years that 
the transportation planning process through which 
statewide transportation plans and programs are de-
veloped is consistent with this section and section 
5213. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 
Notwithstanding any other provision of law, action 
by the Secretary shall not be required to advance a 
project included in the approved transportation im-
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provement program in place of another project in 
the program. 
‘‘(h) FUNDING.— 
‘‘(1) SET-ASIDE.—Funds set aside pursuant to 
section 104(i) of title 23 shall be available to carry 
out this section. 
‘‘(2) OTHER FUNDING.—Funds made available 
under section 5338(c) shall be available to carry out 
this section. 
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT PROCESSES.—For purposes of 
this section and section 5213, State laws, rules, or regula-
tions pertaining to congestion management systems or 
programs may constitute the congestion management 
process under section 5213(i)(3) if the Secretary finds 
that the State laws, rules, or regulations are consistent 
with, and fulfill the intent of, the purposes of section 
5213, as appropriate. 
‘‘(j) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since the statewide transportation plan and the 
transportation improvement program described in this sec-
tion are subject to a reasonable opportunity for public 
comment, since individual projects included in the state-
wide transportation plans and the transportation improve-
ment program are subject to review under the National
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Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation im-
provement program described in this section have not been 
reviewed under such Act as of January 1, 1997, any deci-
sion by the Secretary concerning a metropolitan or state-
wide transportation plan or the transportation improve-
ment program described in this section shall not be consid-
ered to be a Federal action subject to review under such 
Act.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such subtitle is amended by inserting the following after 
the item relating to chapter 51: 
‘‘52. TRANSPORTATION
PLANNING
AND
PROJECT
DELIVERY.
5201’’. 
(c) REGULATIONS.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall pro-
mulgate regulations that are consistent with the amend-
ments made by this section relating to the Clean Air Act. 
SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) POLICY AND PURPOSE.— 
(1) POLICY.—The Enlibra principles, as ini-
tially developed by the Western Governors Associa-
tion and adopted by the National Governors Associa-
tion, represent a sound basis for interaction among
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the Federal, State, local governments, and Indian 
tribes on environmental matters and should be fol-
lowed in the development of highway construction 
and public transit improvements. These principles 
are as follows: 
(A) Assign responsibilities at the right 
level. 
(B) Use collaborative processes to break 
down barriers and find solutions. 
(C) Move to a performance-based system. 
(D) Separate subjective choices from objec-
tive data gathering. 
(E) Pursue economic incentives whenever 
appropriate. 
(F) Ensure environmental understanding. 
(G) Make sure environmental decisions are 
fully informed. 
(H) Use appropriate geographic bound-
aries for environmental problems. 
(2) PURPOSE.—The purpose of this section is 
to reduce delays in the delivery of highway construc-
tion and public transportation capital projects aris-
ing from the environmental review process, while 
continuing to ensure the protection of the human 
and natural environment.
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HR 3550 PCS 
(b) PROJECT DEVELOPMENT PROCEDURES.—Chap-
ter 52 of title 49, United States Code, as added by section 
6001 of this Act, is amended by adding at the end the 
following: 
‘‘SUBCHAPTER 
C—EFFICIENT 
ENVIRON-
MENTAL REVIEWS FOR PROJECT DECISION-
MAKING 
‘‘§ 5251. Definitions and applicability 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) AGENCY.—The term ‘agency’ means any 
agency, department, or other unit of Federal, State, 
local, or Indian tribal government. 
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means 
the detailed statement of environmental impacts re-
quired to be prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for 
preparing for a project an environmental impact 
statement, environmental assessment, categor-
ical exclusion, or other document prepared
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under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(B) INCLUSIONS.—The term includes the 
process for and completion of any environ-
mental permit, approval, review, or study re-
quired for a project under any Federal law 
other than the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(4) LEAD AGENCY.—The term ‘lead agency’ 
means the Department of Transportation and, if ap-
plicable, any State or local governmental entity serv-
ing as a joint lead agency pursuant to this section. 
‘‘(5) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project funded, in 
whole or in part, under title 23 or chapter 53 and 
involving the participation of more than one Depart-
ment of Transportation administration or agency. 
‘‘(6) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary. 
‘‘(7) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the agency or other entity, including 
any private or public-private entity, that seeks ap-
proval of the Secretary for a project.
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‘‘(8) STATE TRANSPORTATION DEPARTMENT.— 
The term ‘State transportation department’ means 
any statewide agency of a State with responsibility 
for one or more modes of transportation. 
‘‘(b) APPLICABILITY.—This subchapter is applicable 
to all projects for which an environmental impact state-
ment is prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter 
may be applied, to the extent determined appropriate by 
the Secretary, to other projects for which an environ-
mental document is prepared pursuant to such Act. Any 
authorities granted in this subchapter may be exercised 
for a project, class of projects, or program of projects. 
‘‘§ 5252. Project development procedures 
‘‘(a) LEAD AGENCIES.— 
‘‘(1) FEDERAL
LEAD
AGENCY.—The Depart-
ment of Transportation shall be the Federal lead 
agency in the environmental review process for a 
project. 
‘‘(2) PROJECT SPONSOR AS JOINT LEAD AGEN-
CY.—Any project sponsor that is a State or local 
governmental entity receiving funds under title 23 or 
chapter 53 for the project shall serve as a joint lead 
agency with the Department for purposes of pre-
paring any environmental document under the Na-
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tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and may prepare any such environ-
mental document required in support of any action 
or approval by the Secretary if the Federal lead 
agency furnishes guidance in such preparation and 
independently evaluates such document and the doc-
ument is approved and adopted by the Secretary 
prior to the Secretary taking any subsequent action 
or making any approval based on such document, 
whether or not the Secretary’s action or approval re-
sults in Federal funding. 
‘‘(3) ENSURING COMPLIANCE.—The Secretary 
shall ensure that the project sponsor complies with 
all design and mitigation commitments made jointly 
by the Secretary and the project sponsor in any en-
vironmental document prepared by the project spon-
sor in accordance with this subsection and that such 
document is appropriately supplemented if project 
changes become necessary. 
‘‘(4) ADOPTION
AND
USE
OF
DOCUMENTS.— 
Any environmental document prepared in accordance 
with this subsection may be adopted or used by any 
Federal agency making any approval to the same ex-
tent that such Federal agency could adopt or use a 
document prepared by another Federal agency.
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‘‘(b) PARTICIPATING AGENCIES.— 
‘‘(1) IN GENERAL.—The lead agency shall be 
responsible for inviting and designating participating 
agencies in accordance with this subsection. 
‘‘(2) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view process for a project, any other Federal and 
non-Federal agencies that may have an interest in 
the project, and shall invite such agencies to become 
participating agencies in the environmental review 
process for the project. The invitation shall set a 
deadline for responses to be submitted. The deadline 
may be extended by the lead agency for good cause. 
‘‘(3) FEDERAL PARTICIPATING AGENCIES.—Any 
Federal agency that is invited by the lead agency to 
participate in the environmental review process for a 
project shall be designated as a participating agency 
by the lead agency unless the invited agency informs 
the lead agency, in writing, by the deadline specified 
in the invitation that the invited agency— 
‘‘(A) has no jurisdiction or authority with 
respect to the project; 
‘‘(B) has no expertise or information rel-
evant to the project; and
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‘‘(C) does not intend to submit comments 
on the project. 
‘‘(4) EFFECT
OF
DESIGNATION.—Designation 
as a participating agency under this subsection shall 
not imply that the participating agency— 
‘‘(A) supports a proposed project; or 
‘‘(B) has any jurisdiction over, or special 
expertise with respect to evaluation of, the 
project. 
‘‘(5) COOPERATING
AGENCY.—A participating 
agency may also be designated by a lead agency as 
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Reg-
ulations. 
‘‘(6) DESIGNATIONS
FOR
CATEGORIES
OF 
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a project, 
class of projects, or program of projects. 
‘‘(c) PROJECT INITIATION.— 
‘‘(1) IN GENERAL.—The project sponsor shall 
initiate the environmental review process for a 
project by submitting an initiation notice to the Sec-
retary. 
‘‘(2) CONTENTS OF NOTICE.—The initiation no-
tice shall include, at a minimum, a brief description
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HR 3550 PCS 
of the type of work, termini, length, and general lo-
cation of the proposed project, together with a state-
ment of any Federal approvals anticipated to be 
needed for the project. 
‘‘(d) PURPOSE AND NEED.— 
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement 
by participating agencies and the public in defining 
the purpose and need for a project. 
‘‘(2) 
DEFINITION.—Following 
participation 
under paragraph (1), the lead agency shall define 
the project’s purpose and need for purposes of any 
document which the lead agency is responsible for 
preparing for the project. 
‘‘(3) OBJECTIVES.—The statement of purpose 
and need shall include a clear statement of the ob-
jectives that the proposed action is intended to 
achieve, which may include— 
‘‘(A) achieving a transportation objective 
identified in an applicable statewide or metro-
politan transportation plan; 
‘‘(B) supporting land use, economic devel-
opment, or growth objectives established in ap-
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plicable Federal, State, local, or tribal plans; 
and 
‘‘(C) serving national defense, national se-
curity, or other national objectives, as estab-
lished in Federal laws, plans, or policies. 
‘‘(e) ALTERNATIVES ANALYSIS.— 
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement 
by participating agencies and the public in deter-
mining the range of alternatives to be considered for 
a project. 
‘‘(2) RANGE
OF
ALTERNATIVES.—Following 
participation under paragraph (1), the lead agency 
shall determine the range of alternatives for consid-
eration in any document which the lead agency is re-
sponsible for preparing for the project. 
‘‘(3) METHODOLOGIES.—The lead agency also 
shall determine, in collaboration with participating 
agencies at appropriate times during the study proc-
ess, the methodologies to be used and the level of de-
tail required in the analysis of each alternative for 
a project. 
‘‘(4) PREFERRED ALTERNATIVE.—At the dis-
cretion of the lead agency, the preferred alternative
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for a project, after being identified, may be devel-
oped to a higher level of detail than other alter-
natives in order to facilitate the development of miti-
gation measures or concurrent compliance with other 
applicable laws if the lead agency determines that 
the development of such higher level of detail will 
not prevent the lead agency from making an impar-
tial decision as to whether to accept another alter-
native which is being considered in the environ-
mental review process. 
‘‘(f) COMMENT DEADLINES.—The lead agency shall 
establish the following deadlines for comment during the 
environmental review process for a project: 
‘‘(1) For comments by agencies and the public 
on a draft environmental impact statement, a period 
of no more than 60 days from the date of public 
availability of such document, unless— 
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project spon-
sor, and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(2) For all other comment periods established 
by the lead agency for agency or public comments in 
the environmental review process, a period of no
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more than 30 days from availability of the materials 
on which comment is requested, unless— 
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project spon-
sor, and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.— 
‘‘(1) COOPERATION.—The lead agency and the 
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review process or could result in denial of 
any approvals required for the project under applica-
ble laws. 
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The 
lead agency shall make information available to the 
participating agencies as early as practicable in the 
environmental review process regarding the environ-
mental and socioeconomic resources located within 
the project area and the general locations of the al-
ternatives under consideration. Such information 
may be based on existing data sources, including ge-
ographic information systems mapping.
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‘‘(3) PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead 
agency, participating agencies shall identify, as early 
as practicable, any issues of concern regarding the 
project’s potential environmental or socioeconomic 
impacts. In this paragraph, issues of concern include 
any issues that could substantially delay or prevent 
an agency from granting a permit or other approval 
that is needed for the project. 
‘‘(4) ISSUE RESOLUTION.—Whenever issues of 
concern are identified or at any time upon request 
of a project sponsor, the lead agency shall promptly 
convene a meeting with the relevant participating 
agencies. If a resolution cannot be achieved within 
30 days following such a meeting and a determina-
tion by the lead agency that all information nec-
essary to resolve the issue has been obtained, the 
lead agency shall notify the heads of all Federal 
agencies involved in the meeting and the Committee 
on Environment and Public Works of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives and shall 
publish such notification in the Federal Register. 
‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any 
project eligible for assistance under title 23 or chapter 53,
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a State may require, under procedures established by 
State law, that all State agencies that have jurisdiction 
by State or Federal law over environmental-related issues 
that may be affected by the project, or that are required 
to issue any environmental-related reviews, analyses, opin-
ions, or determinations on issuing any permits, licenses, 
or approvals for the project, be subject to the coordinated 
environmental review process established under this sec-
tion unless the Secretary determines that a State agency’s 
participation would not be in the public interest. A State 
participating in the review process must require all State 
agencies with jurisdiction to be subject to and comply with 
the review process to the same extent as a Federal agency. 
‘‘(i) ASSISTANCE TO AFFECTED STATE AND FED-
ERAL AGENCIES.— 
‘‘(1) IN GENERAL.—For a project that is sub-
ject to the environmental review process established 
under this section and for which funds are made 
available to a State under title 23 or chapter 53, the 
Secretary may approve a request by the State to 
provide funds so made available to affected Federal 
agencies (including the Department of Transpor-
tation), State agencies, and Indian tribes partici-
pating in the environmental review process for the 
project. Such funds may be provided only to support
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activities that directly and meaningfully contribute 
to expediting and improving transportation project 
planning and delivery. Such activities may include 
dedicated staffing, training of agency personnel, in-
formation gathering and mapping, and development 
of programmatic agreements. The Secretary may 
also use funds made available under section 204 of 
title 23 for a project for the purposes specified in 
this subsection with respect to the environmental re-
view process for the project. 
‘‘(2) AMOUNTS.—Requests under paragraph (1) 
may be approved only for the additional amounts 
that the Secretary determines are necessary for the 
Federal agencies, State agencies, or Indian tribes 
participating in the environmental review process to 
meet the time limits for environmental review. 
‘‘(3) CONDITION.—A request under paragraph 
(1) to expedite time limits for environmental review 
may be approved only if such time limits are less 
than the customary time necessary for such review. 
‘‘(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.
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‘‘(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-
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-
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cense, or approval is final pursuant to the law under 
which the agency action is taken, unless a shorter 
time is specified in the Federal law pursuant to 
which judicial review is allowed. Nothing in this sub-
section shall create a right to judicial review or place 
any limit on filing a claim that a person has violated 
the terms of a permit, license, or approval. 
‘‘(2) NEW INFORMATION.—The Secretary shall 
consider new information received after the close of 
a comment period if the information satisfies the re-
quirements for a supplemental environmental impact 
statement under section 771.130 of title 23, Code of 
Federal Regulations. The preparation of a supple-
mental environmental impact statement when re-
quired shall be considered a separate final agency 
action and the deadline for filing a claim for judicial 
review of such action shall be 90 days after the date 
of such action.’’. 
(c) EXISTING
ENVIRONMENTAL
REVIEW
PROC-
ESSES.—Nothing in this section shall be deemed to affect 
any existing environmental review process approved by the 
Secretary. 
SEC. 6003. POLICY ON HISTORIC SITES. 
(a) TITLE 49.—Section 303 of title 49, United States 
Code, is amended by adding at the end the following:
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‘‘(d) SPECIAL RULES FOR HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The requirements of this 
section are deemed to be satisfied in any case in 
which the treatment of a historic site has been 
agreed upon in accordance with section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) 
and the agreement includes a determination that the 
program or project will not have an adverse effect on 
the historic site. 
‘‘(2) LIMITATION
ON
APPLICABILITY.—This 
subsection does not apply in any case in which the 
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of 
section 106 consultation, that allowing section 106 
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the 
National Historic Preservation Act. The Council 
shall make such a determination if petitioned to do 
so by a section 106 consulting party, unless the 
Council affirmatively finds that the views of the re-
questing party have been adequately considered and 
that section 106 compliance will adequately protect 
historic properties. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
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‘‘(A) SECTION 106 CONSULTATION.—The 
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of 
the National Historic Preservation Act (16 
U.S.C. 470f). 
‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-
rectly, any of the characteristics of a historic 
property that qualify the property for inclusion 
in the National Register in a manner that 
would diminish the integrity of the property’s 
location, design, setting, materials, workman-
ship, feeling, or association.’’. 
(b) TITLE 23.—Section 138 of title 23, United States 
Code is amended— 
(1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It is’’; 
and 
(2) by striking ‘‘In carrying’’ and inserting the 
following: 
‘‘(c) STUDIES.—In carrying’’; and 
(3) by inserting after subsection (a) (as des-
ignated by paragraph (1)) the following: 
‘‘(b) SPECIAL RULES FOR HISTORIC SITES.— 
‘‘(1) IN GENERAL.—The requirements of this 
section are deemed to be satisfied in any case in
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which the treatment of a historic site has been 
agreed upon in accordance with section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) 
and the agreement includes a determination that the 
program or project will not have an adverse effect on 
the historic site. 
‘‘(2) LIMITATION
ON
APPLICABILITY.—This 
subsection does not apply in any case in which the 
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of 
section 106 consultation, that allowing section 106 
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the 
National Historic Preservation Act. The Council 
shall make such a determination if petitioned to do 
so by a section 106 consulting party, unless the 
Council affirmatively finds that the views of the re-
questing party have been adequately considered and 
that section 106 compliance will adequately protect 
historic properties. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SECTION 106 CONSULTATION.—The 
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of
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the National Historic Preservation Act (16 
U.S.C. 470f). 
‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-
rectly, any of the characteristics of a historic 
property that qualify the property for inclusion 
in the National Register in a manner that 
would diminish the integrity of the property’s 
location, design, setting, materials, workman-
ship, feeling, or association.’’. 
SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM. 
Section 103(c) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Interstate System shall 
not be considered to be a historic site under 
section 303 of title 49 or section 138 of this 
title, regardless of whether the Interstate Sys-
tem or portions of the Interstate System are 
listed on, or eligible for listing on, the National 
Register of Historic Places. 
‘‘(B) INDIVIDUAL ELEMENTS.—Subject to 
subparagraph (C), a portion of the Interstate 
System that possesses an independent feature
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of historic significance (such as a historic 
bridge or a highly significant engineering fea-
ture) that is listed on, or eligible for listing on, 
the National Register of Historic Places, shall 
be considered to be a historic site under section 
303 of title 49 or section 138 of this title, as 
applicable. 
‘‘(C) CONSTRUCTION, MAINTENANCE, RES-
TORATION, AND REHABILITATION ACTIVITIES.— 
Subparagraph (B) does not prohibit a State 
from carrying out construction, maintenance, 
restoration, or rehabilitation activities for a por-
tion of the Interstate System referred to in sub-
paragraph (B) upon compliance with section 
303 of title 49 or section 138 of this title, as 
applicable, and section 106 of the National His-
toric Preservation Act of 1966 (16 U.S.C. 
470f).’’. 
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
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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 
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
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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 
(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—
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(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’’; 
(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,’’.
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(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-
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’’.
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(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. CHEMICAL OR BIOLOGICAL MATERIALS. 
Section 5103a(c) is amended— 
(1) in paragraph (2) by striking ‘‘this sub-
section’’ and inserting ‘‘paragraph (1)’’; and 
(2) by adding at the end the following: 
‘‘(3) STANDARDS.—The Secretary shall pre-
scribe by regulation uniform standards (including 
standards used to disqualify applicants) governing— 
‘‘(A) the collection by States of back-
ground information authorized by paragraph 
(1); 
‘‘(B) the collection, transmission, and re-
view of background information; and 
‘‘(C) the notification of an applicant of the 
results of the background check.
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‘‘(4) FEES.—A State may impose and collect an 
appropriate fee to carry out paragraph (1) con-
sistent with section 5125(f). 
‘‘(5) OPERATORS REGISTERED IN MEXICO AND 
CANADA.—No operator of a commercial motor vehi-
cle (as defined in section 31101) licensed in Mexico 
or Canada may operate in the United States a com-
mercial motor vehicle transporting hazardous mate-
rial until the operator has undergone a background 
records check similar to the background records 
check required of operators of commercial motor ve-
hicles licensed in the United States to transport haz-
ardous materials.’’. 
SEC. 7006. REPRESENTATION AND TAMPERING. 
(a) REPRESENTATION.—Section 5104(a) is amend-
ed— 
(1) by striking ‘‘A person’’ and inserting ‘‘No 
person’’; 
(2) in paragraph (1) by striking ‘‘only if’’ and 
all that follows through ‘‘meets’’ and inserting ‘‘if it 
does not conform to’’; and 
(3) in paragraph (2) by striking ‘‘only if’’ and 
inserting ‘‘unless’’.
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(b) TAMPERING.—Section 5104(b) is amended by 
striking ‘‘A person may not’’ and inserting ‘‘No person 
may’’. 
SEC. 7007. TECHNICAL AMENDMENTS. 
(a) ELIMINATION OF COMPLETED STUDY.—Section 
5105 is amended— 
(1) by striking subsection (d); and 
(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. 7008. TRAINING OF CERTAIN EMPLOYEES. 
Section 5107 is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h); 
(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-
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iarization training and safety training pursuant to section 
172.704 of title 49, Code of Federal Regulations.’’. 
SEC. 7009. REGISTRATION. 
(a) PERSONS REQUIRED TO FILE.—Section 5108(a) 
is amended— 
(1) in paragraph (2)(B) by striking ‘‘manufac-
turing, fabricating, marking, maintaining, recondi-
tioning, repairing, or testing’’ and inserting ‘‘design-
ing, manufacturing, fabricating, inspecting, marking, 
maintaining, reconditioning, repairing, or testing’’; 
and 
(2) by aligning the left margin of paragraph (4) 
with the left margin of paragraph (3). 
(b) FILING SCHEDULE.—Section 5108(c) is amend-
ed— 
(1) by striking the subsection heading and in-
serting ‘‘FILING SCHEDULE’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘must file the first’’ and 
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—
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(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. 
(e) HAZMAT
REGISTRATION
NOTIFICATION.—As 
soon as practicable, the Administrator of the Research and 
Special Programs Administration of the Department of 
Transportation shall transmit to the Federal Motor Car-
rier Safety Administration hazardous material registrant 
information obtained before, on, or after the date of enact-
ment of this Act under section 5108 of title 49, United 
States Code, together with any Department of Transpor-
tation identification number for each registrant.
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SEC. 7010. PROVIDING SHIPPING PAPERS. 
Section 5110 is amended— 
(1) in subsection (a) by striking ‘‘under sub-
section (b) of this section’’ and inserting ‘‘by regula-
tion’’; and 
(2) in subsection (e) by striking ‘‘1 year’’ and 
inserting ‘‘2 years after the date of preparation of 
the shipping paper’’. 
SEC. 7011. RAIL TANK CARS. 
Section 5111, and the item relating to such section 
in the analysis for chapter 51, are repealed. 
SEC. 7012. UNSATISFACTORY SAFETY RATING. 
The text of section 5113 is amended to read as fol-
lows: ‘‘A person who violates section 31144(c)(3) shall be 
subject to the penalties in sections 5123 and 5124.’’. 
SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SEC-
TOR. 
(a) 
REQUIREMENTS.—Section 
5115(b)(1)(C) 
is 
amended by striking ‘‘under other United States Govern-
ment grant programs, including those’’ and inserting 
‘‘with Federal financial assistance, including programs’’. 
(b) TRAINING
ON COMPLYING WITH LEGAL 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’’.
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(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’’. 
SEC. 7014. PLANNING AND TRAINING GRANTS, MONI-
TORING, AND REVIEW. 
(a) FACTORS
TO
CONSIDER
IN
DETERMINING 
NEEDS.—Section 5116(b)(4) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(3) by inserting after subparagraph (D) the fol-
lowing:
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‘‘(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 
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
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(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— 
(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
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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-
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. 7015. SPECIAL PERMITS AND EXCLUSIONS. 
(a) SECTION HEADING.— 
(1) IN GENERAL.—Section 5117 is amended by 
striking the section number and heading and insert-
ing the following:
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‘‘§ 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)’’. 
(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—
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(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. 7016. UNIFORM FORMS AND PROCEDURES. 
Section 5119 is amended to read as follows: 
‘‘§ 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.
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‘‘(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, 
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.
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‘‘(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. 7017. 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 amend-
ed— 
(1) in paragraph (1) by inserting ‘‘or require-
ment’’ after ‘‘standard’’ each place it appears; and 
(2) in paragraph (2)— 
(A) by inserting ‘‘standard or’’ before ‘‘re-
quirement’’ each place it appears; and 
(B) by striking ‘‘included in a standard’’. 
SEC. 7018. ADMINISTRATIVE. 
(a) GENERAL
AUTHORITY.—Section 5121(a) is 
amended— 
(1) in the first sentence by inserting ‘‘conduct 
tests,’’ after ‘‘investigate,’’;
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(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: 
‘‘(c) INSPECTIONS AND INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—A designated officer, em-
ployee, or agent of the Secretary may—
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‘‘(A) inspect and investigate, at a reason-
able time and in a reasonable manner, records 
and property relating to a function described in 
section 5103(b)(1); 
‘‘(B) except in the case of packaging im-
mediately adjacent to its hazardous material 
contents, gain access to, open, and examine a 
package offered for, or in, transportation when 
the officer, employee, or agent has an objec-
tively reasonable and articulable belief that the 
package may contain a hazardous material; 
‘‘(C) remove from transportation a pack-
age or related packages in a shipment offered 
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 
guidance or regulations prescribed under 
subsection (e); 
‘‘(D) gather information from the offeror, 
carrier, packaging manufacturer or retester, or
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other person responsible for the package, to as-
certain the nature and hazards of the contents 
of the package; 
‘‘(E) as necessary, under terms and condi-
tions specified by the Secretary, order the offer-
or, carrier, packaging manufacturer or retester, 
or other person responsible for the package to 
have the package transported to, opened, and 
the contents examined and analyzed, at a facil-
ity appropriate for the conduct of such exam-
ination and analysis; and 
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel 
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 
imminent hazard is not found to exist, the Sec-
retary, in accordance with procedures set forth in 
regulations prescribed under subsection (e), shall as-
sist—
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‘‘(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-
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
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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) GUIDANCE AND REGULATIONS.— 
‘‘(1) GUIDANCE.—Not later than 60 days after 
the date of enactment of the Transportation Equity 
Act: A Legacy for Users, the Secretary shall issue 
interim guidance to carry out subsections (c) and 
(d).
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‘‘(2) 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’’. 
(f) REPEAL
OF
OBSOLETE
PROVISION.—Section 
5118, and the item relating to such section in the analysis 
for chapter 51, are repealed. 
SEC. 7019. ENFORCEMENT. 
(a) GENERAL.—Section 5122(a) is amended by strik-
ing the second sentence and inserting ‘‘The court may 
award appropriate relief, including a temporary or perma-
nent injunction, punitive damages, and assessment of civil
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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. 7020. CIVIL PENALTY. 
(a) PENALTY.—Section 5123(a) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘regulation prescribed or 
order issued’’ and inserting ‘‘regulation, order, 
special permit, or approval issued’’; and 
(B) by striking ‘‘$25,000’’ and inserting 
‘‘$50,000’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) If the Secretary finds that a violation under 
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.’’.
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(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. 7021. 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 
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—
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‘‘(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.’’. 
SEC. 7022. 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.—’’.
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(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) JUDICIAL REVIEW.—Section 5125 is further 
amended— 
(1) by striking subsection (f) and redesignating 
subsection (g) as subsection (f); 
(2) in subsection (f) (as so redesignated) by 
moving paragraph (2) (including subparagraphs (A) 
through (D)) 2 ems to the left; and 
(3) by adding at the end 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. 7023. RELATIONSHIP TO OTHER LAWS. 
Section 5126(a) is amended by striking ‘‘must com-
ply’’ and inserting ‘‘shall comply’’.
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SEC. 7024. JUDICIAL REVIEW. 
(a) IN GENERAL.—Chapter 51 is amended by redes-
ignating section 5127 as section 5128 and by inserting 
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. 
‘‘(c) AUTHORITY OF COURT.—The court has exclu-
sive jurisdiction, as provided in subchapter II of chapter 
5 of title 5, to affirm or set aside any part of the Sec-
retary’s final action and may order the Secretary to con-
duct further proceedings. Findings of fact by the Sec-
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retary, if supported by substantial evidence, are conclu-
sive. 
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final action under this section, the court may 
consider an objection to a final action of the Secretary 
only if the objection was made in the course of a pro-
ceeding or review conducted by the Secretary or if there 
was a reasonable ground for not making the objection in 
the proceeding.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by striking the item relating to 
section 5127 and inserting the following: 
‘‘5127. Judicial review. 
‘‘5128. Authorization of appropriations.’’. 
SEC. 7025. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 (as redesignated by section 7024) is 
amended to read as follows: 
‘‘§ 5128. Authorizations of appropriations 
‘‘(a) IN GENERAL.—In order to carry out this chap-
ter (except sections 5107(e), 5108(g)(2), 5113, 5115, 
5116, and 5119), the following amounts are authorized 
to be appropriated to the Secretary: 
‘‘(1) For fiscal year 2004, $24,981,000. 
‘‘(2) For fiscal year 2005, $27,000,000. 
‘‘(3) For fiscal year 2006, $29,000,000. 
‘‘(4) For fiscal year 2007, $30,000,000.
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‘‘(b) EMERGENCY PREPAREDNESS FUND.—There 
shall be available to the Secretary, from the account estab-
lished pursuant to section 5116(i), for each of fiscal years 
2004 through 2007 the following: 
‘‘(1) To carry out section 5115, $200,000. 
‘‘(2) To carry out section 5116(a), $8,000,000. 
‘‘(3) 
To 
carry 
out 
section 
5116(b), 
$13,800,000. 
‘‘(4) To carry out section 5116(f), $150,000. 
‘‘(5) To publish and distribute the Emergency 
Response Guidebook under section 5116(i)(3), 
$500,000. 
‘‘(6) To pay administrative expenses in accord-
ance with section 5116(i)(4), $150,000. 
‘‘(7) To carry out section 5116(j), $1,000,000. 
‘‘(c) TRAINING OF HAZMAT EMPLOYEE INSTRUC-
TORS.—There shall be available to the Secretary, from the 
account established pursuant to section 5116(i), to carry 
out section 5107(e) $4,000,000 for each of fiscal years 
2004 through 2007. 
‘‘(d) UNIFORM FORMS AND PROCEDURES.—There is 
authorized to be appropriated to the Secretary for making 
grants to States participating in the working group estab-
lished under section 5119 $1,000,000 for each of the fiscal 
years 2005 and 2006.
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‘‘(e) ISSUANCE OF HAZMAT LICENSES.—There are 
authorized to be appropriated for the Department of 
Transportation such amounts as may be necessary to 
carry out section 5103a. 
‘‘(f) CREDITS TO APPROPRIATIONS.—The Secretary 
may credit to any appropriation to carry out this chapter 
an amount received from a State, Indian tribe, or other 
public authority or private entity for expenses the Sec-
retary incurs in providing training to the State, authority, 
or entity. 
‘‘(g) AVAILABILITY OF AMOUNTS.—Amounts made 
available by or under this section remain available until 
expended.’’. 
SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIP-
MENTS OF HAZARDOUS MATERIALS ENTER-
ING THE UNITED STATES. 
(a) STUDY.—The Comptroller General shall conduct 
a study to propose methods of determining the amount 
of undeclared shipments of hazardous materials (as de-
fined in section 5101 of title 49, United States Code) en-
tering the United States. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
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mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
SEC. 7027. CONFORMING AMENDMENTS. 
Chapter 51 is amended by striking ‘‘Secretary of 
Transportation’’ each place it appears (other than the sec-
ond place it appears in section 5108(g)(2)(C), the first 
place it appears in section 5115(a), and in sections 
5116(g), 5116(i), and 5120(a)) and inserting ‘‘Secretary’’. 
TITLE 
VIII—TRANSPORTATION 
DISCRETIONARY 
SPENDING 
GUARANTEE 
SEC. 8001. DISCRETIONARY SPENDING LIMITS FOR THE 
HIGHWAY AND MASS TRANSIT CATEGORIES. 
(a) LIMITS.—(1) Section 251(c)(1) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended— 
(A) 
in 
subparagraph 
(A), 
by 
striking 
‘‘$31,834,000,000’’ 
and 
inserting 
‘‘$28,052,000,000’’; and 
(B) 
in 
subparagraph 
(B), 
by 
striking 
‘‘$1,462,000,000’’ and inserting ‘‘$1,436,000,000’’ 
and by striking ‘‘$6,629,000,000’’ and inserting 
‘‘$6,271,000,000’’. 
(2) Section 251(c)(2) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by in-
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serting a dash after ‘‘2005’’, by redesignating the remain-
ing portion of such paragraph as subparagraph (C) and 
by moving it two ems to the right, and by inserting after 
the dash the following new subparagraphs: 
‘‘(A) 
for 
the 
highway 
category: 
$30,585,000,000 in outlays; 
‘‘(B) for the mass transit category: 
$1,554,000,000 in new budget authority and 
$6,787,000,000 in outlays; and’’. 
(3) Section 251(c)(3) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by in-
serting a dash after ‘‘2006’’, by redesignating the remain-
ing portion of such paragraph as subparagraph (C) and 
by moving it two ems to the right, and by inserting after 
the dash the following new subparagraphs: 
‘‘(A) 
for 
the 
highway 
category: 
$33,271,000,000 in outlays; 
‘‘(B) for the mass transit category: 
$1,671,000,000 in new budget authority and 
$7,585,000,000 in outlays; and’’. 
(4) Section 251(c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by re-
designating paragraphs (4) through (9) as paragraphs (7) 
through (12) and inserting after paragraph (3) the fol-
lowing new paragraphs:
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‘‘(4) with respect to fiscal year 2007— 
‘‘(A) 
for 
the 
highway 
category: 
$35,248,000,000 in outlays; and 
‘‘(B) for the mass transit category: 
$1,785,000,000 in new budget authority and 
$8,110,000,000 in outlays; 
‘‘(5) with respect to fiscal year 2008— 
‘‘(A) 
for 
the 
highway 
category: 
$36,587,000,000 in outlays; and 
‘‘(B) for the mass transit category: 
$1,890,000,000 in new budget authority and 
$8,517,000,000 in outlays; and 
‘‘(6) with respect to fiscal year 2009— 
‘‘(A) 
for 
the 
highway 
category: 
$37,682,000,000 in outlays; and 
‘‘(B) for the mass transit category: 
$2,017,000,000 in new budget authority and 
$8,968,000,000 in outlays;’’. 
(b) DEFINITIONS.—Section 250(c)(4) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
is amended— 
(1) in subparagraph (B), by— 
(A) striking ‘‘the Transportation Equity 
Act for the 21st Century and the Surface 
Transportation Extension Act of 2003’’ and in-
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serting ‘‘the Transportation Equity Act: A Leg-
acy for Users’’; and 
(B) inserting before the period at the end 
the following new clauses: 
‘‘(v) 69-8158-0-7-401 (Motor Carrier Safe-
ty Grants). 
‘‘(vi) 
69-8159-0-7-401 
(Motor 
Carrier 
Safety Operations and Programs).’’; 
(2) in subparagraph (C), by— 
(A) inserting ‘‘(and successor accounts)’’ 
after ‘‘budget accounts’’; and 
(B) striking ‘‘the Transportation Equity 
Act for the 21st Century and the Surface 
Transportation Extension Act of 2003 or for 
which appropriations are provided pursuant to 
authorizations contained in those Acts (except 
that appropriations provided pursuant to sec-
tion 5338(h) of title 49, United States Code, as 
amended by the Transportation Equity Act for 
the 21st Century, shall not be included in this 
category)’’ and inserting ‘‘the Transportation 
Equity Act: A Legacy for Users or for which 
appropriations are provided pursuant to author-
izations contained in that Act’’; and
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(3) in subparagraph (D)(ii), by striking ‘‘sec-
tion 8103 of the Transportation Equity Act for the 
21st Century’’ and inserting ‘‘section 8103 of the 
Transportation Equity Act: A Legacy for Users’’. 
SEC. 8002. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING 
WITH REVENUES. 
Subparagraphs (B) through (E) of section 251(b)(1) 
of the Balanced Budget and Emergency Deficit Control 
Act of 1985 are amended to read as follows: 
‘‘(B) ADJUSTMENT
TO
ALIGN
HIGHWAY 
SPENDING
WITH
REVENUES.—(i) When the 
President submits the budget under section 
1105 of title 31, United States Code, OMB 
shall calculate and the budget shall make ad-
justments to the highway category for the budg-
et year and each outyear as provided in clause 
(ii)(I)(cc). 
‘‘(ii)(I)(aa) OMB shall take the actual level 
of highway receipts for the year before the cur-
rent year and subtract the sum of the estimated 
level of highway receipts in subclause (II) plus 
any amount previously calculated under item 
(bb) for that year. 
(bb) OMB shall take the current estimate 
of highway receipts for the current year and
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subtract the estimated level of receipts for that 
year. 
‘‘(cc) OMB shall add one-half of the sum 
of the amount calculated under items (aa) and 
(bb) to the obligation limitations set forth in 
the section 8103 of the Transportation Equity 
Act: A Legacy for Users and, using current es-
timates, calculate the outlay change resulting 
from the change in obligations for the budget 
year and the first outyear and the outlays flow-
ing therefrom through subsequent fiscal years. 
After making the calculations under the pre-
ceding sentence, OMB shall adjust the amount 
of obligations set forth in that section for the 
budget year and the first outyear by adding 
one-half of the sum of the amount calculated 
under items (aa) and (bb) to each such year. 
‘‘(II) The estimated level of highway re-
ceipts for the purposes of this clause are— 
‘‘(aa) 
for 
fiscal 
year 
2004, 
$30,572,000,000; 
‘‘(bb) 
for 
fiscal 
year 
2005, 
$34,260,000,000; 
‘‘(cc) 
for 
fiscal 
year 
2006, 
$35,586,000,000;
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‘‘(dd) 
for 
fiscal 
year 
2007, 
$36,570,000,000; 
‘‘(ee) 
for 
fiscal 
year 
2008, 
$37,603,000,000; and 
‘‘(ff) 
for 
fiscal 
year 
2009, 
$38,651,000,000. 
‘‘(III) In this clause, the term ‘highway re-
ceipts’ means the governmental receipts cred-
ited to the highway account of the Highway 
Trust Fund. 
‘‘(C) In addition to the adjustment required by 
subparagraph (B), when the President submits the 
budget under section 1105 of title 31, United States 
Code, for fiscal year 2006, 2007, 2008, or 2009, 
OMB shall calculate and the budget shall include for 
the budget year and each outyear an adjustment to 
the limits on outlays for the highway category and 
the mass transit category equal to— 
‘‘(i) the outlays for the applicable category 
calculated assuming obligation levels consistent 
with the estimates prepared pursuant to sub-
paragraph (D), as adjusted, using current tech-
nical assumptions; minus
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‘‘(ii) the outlays for the applicable category 
set forth in the subparagraph (D) estimates, as 
adjusted. 
‘‘(D)(i) When OMB and CBO submit their final 
sequester report for fiscal year 2004, that report 
shall include an estimate of the outlays for each of 
the categories that would result in fiscal years 2005 
through 2009 from obligations at the levels specified 
in section 8103 of the Transportation Equity Act: A 
Legacy for Users using current assumptions. 
‘‘(ii) When the President submits the budget 
under section 1105 of title 31, United States Code, 
for fiscal year 2006, 2007, 2008, or 2009, OMB 
shall adjust the estimates made in clause (i) by the 
adjustments by subparagraphs (B) and (C). 
‘‘(E) OMB shall consult with the Committees 
on the Budget and include a report on adjustments 
under subparagraphs (B) and (C) in the preview re-
port.’’. 
SEC. 8003. LEVEL OF OBLIGATION LIMITATIONS. 
(a) HIGHWAY CATEGORY.—For the purposes of sec-
tion 251(b) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, the level of obligation limitations 
for the highway category is— 
(1) for fiscal year 2004, $34,309,000,000;
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(2) for fiscal year 2005, $35,671,000,000; 
(3) for fiscal year 2006, $36,719,000,000; 
(4) for fiscal year 2007, $37,800,000,000; 
(5) for fiscal year 2008, $38,913,000,000; and 
(6) for fiscal year 2009, $40,061,000,000. 
(b) MASS TRANSIT CATEGORY.—For the purposes of 
section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the level of obligation limita-
tions for the mass transit category is— 
(1) for fiscal year 2004, $7,266,000,000; 
(2) for fiscal year 2005, $7,750,000,000; 
(3) for fiscal year 2006, $8,266,000,000; 
(4) for fiscal year 2007, $8,816,000,000; 
(5) for fiscal year 2008, $9,403,000,000; and 
(6) for fiscal year 2009, $10,029,000,000. 
For purposes of this subsection, the term ‘‘obligation limi-
tations’’ means the sum of budget authority and obligation 
limitations. 
SEC. 8004. ENFORCEMENT OF GUARANTEE. 
Clause 3 of rule XXI of the Rules of the House of 
Representatives is amended— 
(1) by striking ‘‘Transportation Equity Act for 
the 21st Century’’ and inserting ‘‘Transportation 
Equity Act: A Legacy for Users’’; and
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(2) by adding at the end the following: ‘‘For 
purposes of this clause, any obligation limitation re-
lating to surface transportation projects under sec-
tion 1602 of the Transportation Equity Act for the 
21st Century and section 1702 of the Transpor-
tation Equity Act: A Legacy for Users shall be as-
sumed to be administered on the basis of sound pro-
gram management practices that are consistent with 
past practices of the administering agency permit-
ting States to decide High Priority Project funding 
priorities within State program allocations.’’. 
SEC. 8005. TRANSFER OF FEDERAL TRANSIT ADMINISTRA-
TIVE EXPENSES. 
For purposes of clauses 2 and 3 of rule XXI of the 
House of Representatives, it shall be in order to transfer 
funds, in amounts specified in annual appropriations Acts 
to carry out the Transportation Equity Act: A Legacy for 
Users (including the amendments made by that Act), from 
the Federal Transit Administration’s administrative ex-
penses account to other mass transit budget accounts 
under section 250(c)(4)(C) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
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TITLE IX—TAX PROVISIONS 
SEC. 9000. SHORT TITLE, ETC. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Highway Reauthorization Tax Act of 2004’’. 
(b) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this title an amend-
ment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986. 
Subtitle A—Highway Trust Fund 
Extension 
SEC. 9101. EXTENSION OF HIGHWAY-RELATED TAXES AND 
TRUST FUND. 
(a) EXTENSION OF TAXES.— 
(1) IN GENERAL.—The following provisions of 
the Internal Revenue Code of 1986 are each amend-
ed by striking ‘‘2005’’ each place it appears and in-
serting ‘‘2011’’: 
(A) Section 4041(a)(1)(C)(iii)(I) (relating 
to rate of tax on certain buses). 
(B) Section 4041(a)(2)(B) (relating to rate 
of tax on special motor fuels). 
(C) Section 4051(c) (relating to termi-
nation of tax on heavy trucks and trailers).
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(D) Section 4071(d) (relating to termi-
nation of tax on tires). 
(E) Section 4081(d)(1) (relating to termi-
nation of tax on gasoline, diesel fuel, and ker-
osene). 
(F) Section 4481(e) (relating to period tax 
in effect). 
(G) Section 4482(c)(4) (relating to taxable 
period). 
(H) Section 4482(d) (relating to special 
rule for taxable period in which termination 
date occurs). 
(2) 
FLOOR
STOCKS
REFUNDS.—Section 
6412(a)(1) of such Code (relating to floor stocks re-
funds) is amended— 
(A) by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2011’’, and 
(B) by striking ‘‘2006’’ each place it ap-
pears and inserting ‘‘2012’’. 
(b) EXTENSION OF CERTAIN EXEMPTIONS.—The fol-
lowing provisions of such Code are each amended by strik-
ing ‘‘2005’’ and inserting ‘‘2011’’: 
(1) Section 4221(a) (relating to certain tax-free 
sales).
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(2) Section 4483(g) (relating to termination of 
exemptions for highway use tax). 
(c) EXTENSION OF DEPOSITS INTO TRUST FUNDS.— 
(1) IN GENERAL.—Subsection (b), and para-
graphs (2) and (3) of subsection (c), of section 9503 
of such Code (relating to the Highway Trust Fund) 
are each amended— 
(A) by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2011’’, and 
(B) by striking ‘‘2006’’ each place it ap-
pears and inserting ‘‘2012’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (4)(A)(i) 
and (5)(A) of section 9503(c) of such Code are 
each amended by striking ‘‘2005’’ and inserting 
‘‘2011’’. 
(B) CONFORMING AMENDMENTS TO LAND 
AND
WATER
CONSERVATION
FUND.—Section 
201(b) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 
amended— 
(i) by striking ‘‘2003’’ and inserting 
‘‘2009’’, and
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(ii) by striking ‘‘2004’’ each place it 
appears and inserting ‘‘2010’’. 
(d) EXTENSION AND EXPANSION OF EXPENDITURES 
FROM TRUST FUNDS.— 
(1) HIGHWAY TRUST FUND.— 
(A) HIGHWAY
ACCOUNT.—Paragraph (1) 
of section 9503(c) of such Code is amended— 
(i) in the matter before subparagraph 
(A), by striking ‘‘May 1, 2004’’ and insert-
ing ‘‘October 1, 2009’’, 
(ii) by striking ‘‘or’’ at the end of sub-
paragraph (F), 
(iii) by striking the period at the end 
of subparagraph (G) and inserting ‘‘, or’’, 
(iv) by inserting after subparagraph 
(G), the following new subparagraph: 
‘‘(H) authorized to be paid out of the 
Highway Trust Fund under the Transportation 
Equity Act: A Legacy for Users.’’, and 
(v) in the matter after subparagraph 
(H), as added by clause (iv), by striking 
‘‘Surface Transportation Extension Act of 
2004’’ and inserting ‘‘Transportation Eq-
uity Act: A Legacy for Users’’.
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(B) MASS TRANSIT ACCOUNT.—Paragraph 
(3) of section 9503(e) of such Code is amend-
ed— 
(i) in the matter before subparagraph 
(A), by striking ‘‘May 1, 2004’’ and insert-
ing ‘‘October 1, 2009’’, 
(ii) in subparagraph (D), by striking 
‘‘or’’ at the end of such subparagraph, 
(iii) in subparagraph (E), by inserting 
‘‘or’’ at the end of such subparagraph, 
(iv) by inserting after subparagraph 
(E) the following new subparagraph: 
‘‘(F) the Transportation Equity Act: A 
Legacy for Users,’’, and 
(v) in the matter after subparagraph 
(F), as added by clause (iv), by striking 
‘‘Surface Transportation Extension Act of 
2004’’ and inserting ‘‘Transportation Eq-
uity Act: A Legacy for Users’’. 
(C) LIMITATION
ON
TRANSFERS.—Sub-
paragraph (B) of section 9503(b)(5) of such 
Code is amended by striking ‘‘May 1, 2004’’ 
and inserting ‘‘October 1, 2009’’. 
(2) AQUATIC RESOURCES TRUST FUND.—
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into account the benefit provided with respect to such alco-
hol under section 6427(f).’’ 
(2) Subparagraph (B) of section 40(d)(4) is 
amended by striking ‘‘under section 4041(k) or 
4081(c)’’ and inserting ‘‘under section 6427(f)’’. 
(e) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided by para-
graph (2), the amendments made by this section 
shall apply to fuel sold or used after September 30, 
2004. 
(2) SUBSECTION (c).—The amendments made 
by subsection (c) shall apply to taxes imposed after 
September 30, 2003. 
SEC. 9202. ALCOHOL FUEL SUBSIDIES BORNE BY GENERAL 
FUND. 
(a) TRANSFERS TO FUND.—Section 9503(b)(1) is 
amended by adding at the end the following new flush sen-
tence: 
‘‘For purposes of this paragraph, the amount of 
taxes received under section 4081 shall include any 
amount treated as a payment under section 
6427(f)(1)(A) and shall not be reduced by the 
amount paid under section 6427(f)(1)(B).’’. 
(b) TRANSFERS FROM FUND.—Subparagraph (A) of 
section 9503(c)(2) is amended by adding at the end the
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refinery or terminal directly into the fuel tank 
of an aircraft for use in commercial aviation, 
the rate of tax under subparagraph (A)(iv) shall 
be 4.3 cents per gallon.’’. 
(3) CERTAIN
REFUELER
TRUCKS, TANKERS, 
AND TANK WAGONS TREATED AS TERMINAL.—Sub-
section (a) of section 4081 is amended by adding at 
the end the following new paragraph: 
‘‘(3) CERTAIN
REFUELER
TRUCKS, TANKERS, 
AND TANK WAGONS TREATED AS TERMINAL.— 
‘‘(A) IN GENERAL.—In the case of avia-
tion-grade kerosene which is removed from any 
terminal directly into the fuel tank of an air-
craft (determined without regard to any re-
fueler truck, tanker, or tank wagon which meets 
the requirements of subparagraph (B)), a re-
fueler truck, tanker, or tank wagon shall be 
treated as part of such terminal if— 
‘‘(i) such truck, tanker, or wagon 
meets the requirements of subparagraph 
(B) with respect to an airport, and 
‘‘(ii) except in the case of exigent cir-
cumstances identified by the Secretary in 
regulations, no vehicle registered for high-
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(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to penalties imposed after Sep-
tember 30, 2004. 
SEC. 9308. COLLECTION FROM CUSTOMS BOND WHERE IM-
PORTER NOT REGISTERED. 
(a) TAX AT POINT OF ENTRY WHERE IMPORTER 
NOT REGISTERED.—Subpart B of part III of subchapter 
A of chapter 32, as redesignated by section 9302(d), is 
amended by adding after section 4103 the following new 
section: 
‘‘SEC. 4104. COLLECTION FROM CUSTOMS BOND WHERE IM-
PORTER NOT REGISTERED. 
‘‘(a) IN GENERAL.—The importer of record shall be 
jointly and severally liable for the tax imposed by section 
4081(a)(1)(A)(iii) if, under regulations prescribed by the 
Secretary, any other person that is not a person who is 
registered under section 4101 is liable for such tax. 
‘‘(b) COLLECTION FROM CUSTOMS BOND.—If any 
tax for which any importer of record is liable under sub-
section (a), or for which any importer of record that is 
not a person registered under section 4101 is otherwise 
liable, is not paid on or before the last date prescribed 
for payment, the Secretary may collect such tax from the 
Customs bond posted with respect to the importation of 
the taxable fuel to which the tax relates. For purposes of