H. R. 4348—423 
SEC. 32919. UNLAWFUL BROKERAGE ACTIVITIES. 
(a) IN GENERAL.—Chapter 149 is amended by adding at the 
end the following: 
‘‘SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES. 
‘‘(a) PROHIBITED ACTIVITIES.—A person may provide interstate 
brokerage services as a broker only if that person–– 
‘‘(1) is registered under, and in compliance with, section 
13904; and 
‘‘(2) has satisfied the financial security requirements under 
section 13906. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to— 
‘‘(1) a non-vessel-operating common carrier (as defined in 
section 40102 of title 46) or an ocean freight forwarder (as 
defined in section 40102 of title 46) when arranging for inland 
transportation as part of an international through movement 
involving ocean transportation between the United States and 
a foreign port; 
‘‘(2) a customs broker licensed in accordance with section 
111.2 of title 19, Code of Federal Regulations, only to the 
extent that the customs broker is engaging in a movement 
under a customs bond or in a transaction involving customs 
business, as defined by section 111.1 of title 19, Code of Federal 
Regulations; or 
‘‘(3) an indirect air carrier holding a Standard Security 
Program approved by the Transportation Security Administra-
tion, only to the extent that the indirect air carrier is engaging 
in the activities as an air carrier as defined in section 40102(2) 
or in the activities defined in section 40102(3). 
‘‘(c) CIVIL PENALTIES
AND PRIVATE CAUSE
OF ACTION.—Any 
person who knowingly authorizes, consents to, or permits, directly 
or indirectly, either alone or in conjunction with any other person, 
a violation of subsection (a) is liable— 
‘‘(1) to the United States Government for a civil penalty 
in an amount not to exceed $10,000 for each violation; and 
‘‘(2) to the injured party for all valid claims incurred with-
out regard to amount. 
‘‘(d) LIABLE PARTIES.—The liability for civil penalties and for 
claims under this section for unauthorized brokering shall apply, 
jointly and severally— 
‘‘(1) to any corporate entity or partnership involved; and 
‘‘(2) to the individual officers, directors, and principals of 
such entities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 149 is 
amended by adding at the end the following: 
‘‘14916. Unlawful brokerage activities.’’. 
PART II—HOUSEHOLD GOODS 
TRANSPORTATION 
SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSE-
HOLD GOODS MOTOR CARRIERS. 
(a) Section 13902(a)(2) is amended— 
(1) in subparagraph (B), by striking ‘‘section 13702(c);’’ 
and inserting ‘‘section 13702(c); and’’; 
(2) by amending subparagraph (C) to read as follows:
H. R. 4348—424 
‘‘(C) demonstrates, before being registered, through 
successful completion of a proficiency examination estab-
lished by the Secretary, knowledge and intent to comply 
with applicable Federal laws relating to consumer protec-
tion, estimating, consumers’ rights and responsibilities, and 
options for limitations of liability for loss and damage.’’; 
and 
(3) by striking subparagraph (D). 
(b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD GOODS MOTOR 
CARRIERS.—Section 31144(g), as amended by section 32102 of this 
Act, is amended by adding at the end the following: 
‘‘(6) ADDITIONAL
REQUIREMENTS
FOR
HOUSEHOLD
GOODS 
MOTOR CARRIERS.—(A) In addition to the requirements of this 
subsection, the Secretary shall require, by regulation, each 
registered household goods motor carrier to undergo a consumer 
protection standards review not later than 18 months after 
the household goods motor carrier begins operations under 
such authority. 
‘‘(B) ELEMENTS.—In the regulations issued pursuant 
to subparagraph (A), the Secretary shall establish the ele-
ments of the consumer protections standards review, 
including basic management controls. In establishing the 
elements, the Secretary shall consider the effects on small 
businesses and shall consider establishing alternate loca-
tions where such reviews may be conducted for the conven-
ience of small businesses.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect 2 years after the date of enactment of this Act. 
SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS. 
(a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is amended by 
striking ‘‘and 14103’’ and inserting ‘‘, 14103, and 14915(c)’’. 
(b) CIVIL PENALTIES.—Section 14915(a)(1) is amended by adding 
at the end the following: 
‘‘The United States may assign all or a portion of the civil 
penalty to an aggrieved shipper. The Secretary of Transportation 
shall establish criteria upon which such assignments shall be made. 
The Secretary may order, after notice and an opportunity for a 
proceeding, that a person found holding a household goods shipment 
hostage return the goods to an aggrieved shipper.’’. 
SEC. 32923. SETTLEMENT AUTHORITY. 
(a) SETTLEMENT OF GENERAL CIVIL PENALTIES.—Section 14901 
is amended by adding at the end the following: 
‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PENALTIES.— 
Nothing in this section shall be construed to prohibit the Secretary 
from accepting partial payment of a civil penalty as part of a 
settlement agreement in the public interest, or from holding imposi-
tion of any part of a civil penalty in abeyance.’’. 
(b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PENALTIES.—Sec-
tion 14915(a) is amended by adding at the end the following: 
‘‘(4) SETTLEMENT AUTHORITY.—Nothing in this section shall 
be construed as prohibiting the Secretary from accepting partial 
payment of a civil penalty as part of a settlement agreement 
in the public interest, or from holding imposition of any part 
of a civil penalty in abeyance.’’.
H. R. 4348—425 
PART III—TECHNICAL AMENDMENTS 
SEC. 32931. UPDATE OF OBSOLETE TEXT. 
(a) Section 31137(g), as redesignated by section 32301 of this 
Act, is amended by striking ‘‘Not later than December 1, 1990, 
the Secretary shall prescribe’’ and inserting ‘‘The Secretary shall 
maintain’’. 
(b) Section 31151(a) is amended— 
(1) by amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
maintain a program to ensure that intermodal equipment used 
to transport intermodal containers is safe and systematically 
maintained.’’; and 
(2) by striking paragraph (4). 
(c) Section 31307(b) is amended by striking ‘‘Not later than 
December 18, 1994, the Secretary shall prescribe’’ and inserting 
‘‘The Secretary shall maintain’’. 
(d) Section 31310(g)(1) is amended by striking ‘‘Not later than 
1 year after the date of enactment of this Act, the’’ and inserting 
‘‘The’’. 
SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COMMISSION 
REFERENCES. 
(a) SAFETY INFORMATION
AND INTERVENTION
IN INTERSTATE 
COMMERCE COMMISSION PROCEEDINGS.—Chapter 3 is amended— 
(1) by repealing section 307; 
(2) in the analysis, by striking the item relating to section 
307; 
(3) in section 333(d)(1)(C), by striking ‘‘Interstate Commerce 
Commission’’ and inserting ‘‘Surface Transportation Board’’; 
and 
(4) in section 333(e)— 
(A) by striking ‘‘Interstate Commerce Commission’’ and 
inserting ‘‘Surface Transportation Board’’; and 
(B) by striking ‘‘Commission’’ and inserting ‘‘Board’’. 
(b) FILING AND PROCEDURE FOR APPLICATION TO ABANDON OR 
DISCONTINUE.—Section 10903(b)(2) is amended by striking ‘‘24706(c) 
of this title’’ and inserting ‘‘24706(c) of this title before May 31, 
1998’’. 
(c) TECHNICAL AMENDMENTS TO PART C OF SUBTITLE V.— 
(1) Section 24307(b)(3) is amended by striking ‘‘Interstate 
Commerce Commission’’ and inserting ‘‘Surface Transportation 
Board’’. 
(2) Section 24311 is amended— 
(A) by striking ‘‘Interstate Commerce Commission’’ and 
inserting ‘‘Surface Transportation Board’’; 
(B) by striking ‘‘Commission’’ each place it appears 
and inserting ‘‘Board’’; and 
(C) by striking ‘‘Commission’s’’ and inserting ‘‘Board’s’’. 
(3) Section 24902 is amended— 
(A) by striking ‘‘Interstate Commerce Commission’’ 
each place it appears and inserting ‘‘Surface Transportation 
Board’’; and 
(B) by striking ‘‘Commission’’ each place it appears 
and inserting ‘‘Board’’. 
(4) Section 24904 is amended—
H. R. 4348—426 
(A) by striking ‘‘Interstate Commerce Commission’’ and 
inserting ‘‘Surface Transportation Board’’; and 
(B) by striking ‘‘Commission’’ each place it appears 
and inserting ‘‘Board’’. 
SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) Section 13905(f)(1)(A) is amended by striking ‘‘section 
13904(c)’’ and inserting ‘‘section 13904(e)’’; 
(b) Section 14504a(c)(1) is amended— 
(1) in subparagraph (C), by striking ‘‘sections’’ and inserting 
‘‘section’’; and 
(2) in subparagraph (D)(ii)(II) by striking the period at 
the end and inserting ‘‘; and’’. 
(c) 
Section 
31103(a) 
is 
amended 
by 
striking 
‘‘section 
31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. 
(d) Section 31103(b) is amended by striking ‘‘authorized by 
section 31104(f)(2)’’. 
(e) Section 31309(b)(2) is amended by striking ‘‘31308(2)’’ and 
inserting ‘‘31308(3)’’. 
SEC. 32934. EXEMPTIONS FROM REQUIREMENTS FOR COVERED FARM 
VEHICLES. 
(a) FEDERAL REQUIREMENTS.—A covered farm vehicle, including 
the individual operating that vehicle, shall be exempt from the 
following: 
(1) Any requirement relating to commercial driver’s licenses 
established under chapter 313 of title 49, United States Code. 
(2) Any requirement relating to drug-testing established 
under chapter 313 of title 49, United States Code. 
(3) Any requirement relating to medical certificates estab-
lished under— 
(A) subchapter III of chapter 311 of title 49, United 
States Code; or 
(B) chapter 313 of title 49, United States Code. 
(4) Any requirement relating to hours of service established 
under— 
(A) subchapter III of chapter 311 of title 49, United 
States Code; or 
(B) chapter 315 of title 49, United States Code. 
(5) Any requirement relating to vehicle inspection, repair, 
and maintenance established under— 
(A) subchapter III of chapter 311 of title 49, United 
States Code; or 
(B) chapter 315 of title 49, United States Code. 
(b) STATE REQUIREMENTS.— 
(1) IN GENERAL.—Federal transportation funding to a State 
may not be terminated, limited, or otherwise interfered with 
as a result of the State exempting a covered farm vehicle, 
including the individual operating that vehicle, from any State 
requirement relating to the operation of that vehicle. 
(2) EXCEPTION.—Paragraph (1) does not apply with respect 
to a covered farm vehicle transporting hazardous materials 
that require a placard. 
(c) COVERED FARM VEHICLE DEFINED.— 
(1) IN GENERAL.—In this section, the term ‘‘covered farm 
vehicle’’ means a motor vehicle (including an articulated motor 
vehicle)— 
(A) that—
H. R. 4348—427 
(i) is traveling in the State in which the vehicle 
is registered or another State; 
(ii) is operated by— 
(I) a farm owner or operator; 
(II) a ranch owner or operator; or 
(III) an employee or family member of an indi-
vidual specified in subclause (I) or (II); 
(iii) is transporting to or from a farm or ranch— 
(I) agricultural commodities; 
(II) livestock; or 
(III) machinery or supplies; 
(iv) except as provided in paragraph (2), is not 
used in the operations of a for-hire motor carrier; and 
(v) is equipped with a special license plate or other 
designation by the State in which the vehicle is reg-
istered to allow for identification of the vehicle as 
a farm vehicle by law enforcement personnel; and 
(B) that has a gross vehicle weight rating or gross 
vehicle weight, whichever is greater, that is— 
(i) 26,001 pounds or less; or 
(ii) greater than 26,001 pounds and traveling 
within the State or within 150 air miles of the farm 
or ranch with respect to which the vehicle is being 
operated. 
(2) INCLUSION.—In this section, the term ‘‘covered farm 
vehicle’’ includes a motor vehicle that meets the requirements 
of paragraph (1) (other than paragraph (1)(A)(iv)) and— 
(A) is operated pursuant to a crop share farm lease 
agreement; 
(B) is owned by a tenant with respect to that agree-
ment; and 
(C) is transporting the landlord’s portion of the crops 
under that agreement. 
(d) SAFETY STUDY.—The Secretary of Transportation shall con-
duct a study of the exemption required by subsection (a) as follows: 
(1) Data and analysis of covered farm vehicles shall 
include— 
(A) the number of vehicles that are operated subject 
to each of the regulatory exemptions permitted under sub-
section (a); 
(B) the number of drivers that operate covered farm 
vehicles subject to each of the regulatory exemptions per-
mitted under subsection (a); 
(C) the number of crashes involving covered farm 
vehicles; 
(D) the number of occupants and non-occupants injured 
in crashes involving covered farm vehicles; 
(E) the number of fatalities of occupants and non- 
occupants killed in crashes involving farm vehicles; 
(F) crash investigations and accident reconstruction 
investigations of all fatalities in crashes involving covered 
farm vehicles; 
(G) overall operating mileage of covered farm vehicles; 
(H) numbers of covered farm vehicles that operate 
in neighboring States; and 
(I) any other data the Secretary deems necessary to 
analyze and include.
H. R. 4348—428 
(2) A listing of State regulations issued and maintained 
in each State that are identical to the Federal regulations 
that are subject to exemption in subsection (a). 
(3) The Secretary shall report the findings of the study 
to the appropriate committees of Congress not later than 18 
months after the date of enactment of this Act. 
(e) CONSTRUCTION.—Nothing in this section shall be construed 
as authority for the Secretary of Transportation to prescribe regula-
tions. 
TITLE 
III—HAZARDOUS 
MATERIALS 
TRANSPORTATION SAFETY IMPROVE-
MENT ACT OF 2012 
SEC. 33001. SHORT TITLE. 
This title may be cited as the ‘‘Hazardous Materials Transpor-
tation Safety Improvement Act of 2012’’. 
SEC. 33002. DEFINITION. 
In this title, the term ‘‘Secretary’’ means the Secretary of 
Transportation. 
SEC. 33003. REFERENCES TO 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 repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
49, United States Code. 
SEC. 33004. TRAINING FOR EMERGENCY RESPONDERS. 
(a) TRAINING CURRICULUM.—Section 5115 is amended— 
(1) in subsection (b)(1)(B), by striking ‘‘basic’’; 
(2) in subsection (b)(2), by striking ‘‘basic’’; and 
(3) in subsection (c), by striking ‘‘basic’’. 
(b) OPERATIONS LEVEL TRAINING.—Section 5116 is amended— 
(1) in subsection (b)(1), by adding at the end the following: 
‘‘To the extent that a grant is used to train emergency 
responders, the State or Indian tribe shall provide written 
certification to the Secretary that the emergency responders 
who receive training under the grant will have the ability 
to protect nearby persons, property, and the environment from 
the effects of accidents or incidents involving the transportation 
of hazardous material in accordance with existing regulations 
or National Fire Protection Association standards for com-
petence of responders to accidents and incidents involving haz-
ardous materials.’’; 
(2) in subsection (j)— 
(A) in paragraph (1), by striking ‘‘funds’’ and all that 
follows through ‘‘fighting fires for’’ and inserting ‘‘funds 
and through a competitive process, make a grant or make 
grants to national nonprofit fire service organizations for’’; 
(B) in paragraph (3)(A), by striking ‘‘train’’ and 
inserting ‘‘provide training, including portable training, 
for’’; 
(C) in paragraph (4)—
H. R. 4348—429 
(i) by striking ‘‘train’’ and inserting ‘‘provide 
training, including portable training, for’’; and 
(ii) by inserting ‘‘comply with Federal regulations 
and national consensus standards for hazardous mate-
rials response and’’ after ‘‘training course shall’’; 
(D) by redesignating paragraph (5) as paragraph (8); 
and 
(E) by inserting after paragraph (4) the following: 
‘‘(5) The Secretary may not award a grant to an organiza-
tion under this subsection unless the organization ensures that 
emergency responders who receive training under the grant 
will have the ability to protect nearby persons, property, and 
the environment from the effects of accidents or incidents 
involving the transportation of hazardous material in accord-
ance with existing regulations or National Fire Protection 
Association standards for competence of responders to accidents 
and incidents involving hazardous materials. 
‘‘(6) Notwithstanding paragraphs (1) and (3), to the extent 
determined appropriate by the Secretary, a grant awarded by 
the Secretary to an organization under this subsection to con-
duct hazardous material response training programs may be 
used to train individuals with responsibility to respond to 
accidents and incidents involving hazardous material. 
‘‘(7) For the purposes of this subsection, the term ‘portable 
training’ means live, instructor-led training provided by cer-
tified fire service instructors that can be offered in any suitable 
setting, rather than specific designated facilities. Under this 
training delivery model, instructors travel to locations conven-
ient to students and utilize local facilities and resources.’’; and 
(3) in subsection (k)— 
(A) by striking ‘‘annually’’ and inserting ‘‘an annual 
report’’; 
(B) by inserting ‘‘the report’’ after ‘‘make available’’; 
(C) by striking ‘‘information’’ and inserting ‘‘. The 
report submitted under this subsection shall include 
information’’; and 
(D) by striking ‘‘The report shall identify’’ and all that 
follows and inserting the following: ‘‘The report submitted 
under this subsection shall identify the ultimate recipients 
of such grants and include— 
‘‘(A) a detailed accounting and description of each grant 
expenditure by each grant recipient, including the amount 
of, and purpose for, each expenditure; 
‘‘(B) the number of persons trained under the grant 
program, by training level; 
‘‘(C) an evaluation of the efficacy of such planning 
and training programs; and 
‘‘(D) any recommendations the Secretary may have 
for improving such grant programs.’’. 
SEC. 33005. PAPERLESS HAZARD COMMUNICATIONS PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary may conduct pilot projects 
to evaluate the feasibility and effectiveness of using paperless 
hazard communications systems. At least 1 of the pilot projects 
under this section shall take place in a rural area. 
(b) REQUIREMENTS.—In conducting pilot projects under this 
section, the Secretary—
H. R. 4348—430 
(1) may not waive the requirements under section 5110 
of title 49, United States Code; and 
(2) shall consult with organizations representing— 
(A) fire services personnel; 
(B) law enforcement and other appropriate enforcement 
personnel; 
(C) other emergency response providers; 
(D) persons who offer hazardous material for transpor-
tation; 
(E) persons who transport hazardous material by air, 
highway, rail, and water; and 
(F) employees of persons who transport or offer for 
transportation hazardous material by air, highway, rail, 
and water. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall— 
(1) prepare a report on the results of the pilot projects 
carried out under this section, including— 
(A) a detailed description of the pilot projects; 
(B) an evaluation of each pilot project, including an 
evaluation of the performance of each paperless hazard 
communications system in such project; 
(C) an assessment of the safety and security impact 
of using paperless hazard communications systems, 
including any impact on the public, emergency response, 
law enforcement, and the conduct of inspections and inves-
tigations; 
(D) an analysis of the associated benefits and costs 
of using the paperless hazard communications systems for 
each mode of transportation; and 
(E) a recommendation that incorporates the informa-
tion gathered in subparagraphs (A), (B), (C), and (D) on 
whether paperless hazard communications systems should 
be permanently incorporated into the Federal hazardous 
material transportation safety program under chapter 51 
of title 49, United States Code; and 
(2) submit a final report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives that contains the results of the pilot projects car-
ried out under this section, including the matters described 
in paragraph (1). 
(d) PAPERLESS HAZARD COMMUNICATIONS SYSTEM DEFINED.— 
In this section, the term ‘‘paperless hazard communications system’’ 
means the use of advanced communications methods, such as wire-
less communications devices, to convey hazard information between 
all parties in the transportation chain, including emergency 
responders and law enforcement personnel. The format of commu-
nication may be equivalent to that used by the carrier. 
SEC. 
33006. 
IMPROVING 
DATA 
COLLECTION, 
ANALYSIS, 
AND 
REPORTING. 
(a) ASSESSMENT.— 
(1) IN GENERAL.—Not later than 6 months after the date 
of enactment of this Act, the Secretary, in consultation with 
the Commandant of the United States Coast Guard, as appro-
priate, shall conduct an assessment to improve the collection,
H. R. 4348—431 
analysis, reporting, and use of data related to accidents and 
incidents involving the transportation of hazardous material. 
(2) REVIEW.—The assessment conducted under this sub-
section shall review the methods used by the Pipeline and 
Hazardous Materials Safety Administration (referred to in this 
section as the ‘‘Administration’’) for collecting, analyzing, and 
reporting accidents and incidents involving the transportation 
of hazardous material, including the adequacy of— 
(A) information requested on the accident and incident 
reporting forms required to be submitted to the Administra-
tion; 
(B) methods used by the Administration to verify that 
the information provided on such forms is accurate and 
complete; 
(C) accident and incident reporting requirements, 
including whether such requirements should be expanded 
to include shippers and consignees of hazardous materials; 
(D) resources of the Administration related to data 
collection, analysis, and reporting, including staff and 
information technology; and 
(E) the database used by the Administration for 
recording and reporting such accidents and incidents, 
including the ability of users to adequately search the 
database and find information. 
(b) DEVELOPMENT OF ACTION PLAN.—Not later than 9 months 
after the date of enactment of this Act, the Secretary shall develop 
an action plan and timeline for improving the collection, analysis, 
reporting, and use of data by the Administration, including revising 
the database of the Administration, as appropriate. 
(c) SUBMISSION TO CONGRESS.—Not later than 15 days after 
the completion of the action plan and timeline under subsection 
(c), the Secretary shall submit the action plan and timeline to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives. 
(d) 
REPORTING
REQUIREMENTS.—Section 
5125(b)(1)(D) 
is 
amended by inserting ‘‘and other written hazardous materials 
transportation incident reporting involving State or local emergency 
responders in the initial response to the incident’’ before the period 
at the end. 
SEC. 
33007. 
HAZARDOUS 
MATERIAL 
TECHNICAL 
ASSESSMENT, 
RESEARCH AND DEVELOPMENT, AND ANALYSIS PRO-
GRAM. 
(a) IN GENERAL.—Chapter 51 is amended by inserting after 
section 5117 the following: 
‘‘§ 5118. Hazardous material technical assessment, research 
and development, and analysis program 
‘‘(a) RISK REDUCTION.— 
‘‘(1) PROGRAM
AUTHORIZED.—The Secretary of Transpor-
tation may develop and implement a hazardous material tech-
nical assessment, research and development, and analysis pro-
gram for the purpose of— 
‘‘(A) reducing the risks associated with the transpor-
tation of hazardous material; and