I
106TH CONGRESS
1ST SESSION
H. R. 968
To authorize appropriations for hazardous material transportation safety,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1999
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. FRANKS of New Jersey, and
Mr. WISE) (all by request) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure
A BILL
To authorize appropriations for hazardous material
transportation safety, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hazardous Material
Transportation Safety Reauthorization Act of 1999’’.
SEC. 2. PURPOSES.
(a) PURPOSES.—Section 5101 of title 49, United
States Code, is amended to read as follows:
‘‘§ 5101. Purposes
‘‘(a) PURPOSES.—The purposes of this chapter are
to—
‘‘(1) ensure the safe and efficient transpor-
tation of hazardous material in intrastate, interstate,
and foreign commerce, including the loading, unload-
ing, and incidental storage of hazardous material;
‘‘(2) provide the Secretary of Transportation
with preemption authority to achieve uniform regula-
tion of hazardous material transportation, eliminate
inconsistent rules that apply differently than rules
issued by the Secretary, ensure efficient movement
of hazardous material in commerce, and promote the
national health, welfare, and safety; and
‘‘(3) provide adequate training for public sector
emergency response teams and hazmat employees to
ensure safe responses to hazardous material trans-
portation accidents and incidents.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 51 of title 49, United States Code, is amended
by striking the item relating to section 5101 and inserting
the following:
‘‘5101. Purposes.’’.
SEC. 3. DEFINITIONS.
Section 5102 of title 49, United States Code, is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(C) on a United States-registered air-
craft.’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)(i) by inserting
‘‘or self-employed’’ after ‘‘employer’’;
(B) in subparagraph (B) by striking ‘‘vehi-
cle’’ and inserting ‘‘vehicle, vessel, or aircraft’’;
and
(C) in subparagraph (C)(ii)—
(i) by inserting ‘‘designs, inspects,’’
after ‘‘manufactures,’’; and
(ii) by striking ‘‘and packagings’’ and
inserting ‘‘or other packagings, or a com-
ponent thereof,’’; and
(D) in subparagraph (C)(iii) by inserting
‘‘or rejects’’ after ‘‘prepares’’;
(3) by striking paragraph (4) and inserting the
following:
‘‘(4) ‘hazmat employer’ means a person who—
‘‘(A) either—
‘‘(i) is self-employed;
‘‘(ii) is an owner-operator of a motor
vehicle, vessel, or aircraft; or
‘‘(iii) has at least one employee; and
‘‘(B) performs, or uses at least one em-
ployee to perform, a function in connection
with—
‘‘(i) transporting hazardous material
in commerce;
‘‘(ii) causing hazardous material to be
transported in commerce;
‘‘(iii) rejecting hazardous material for
transportation in commerce; or
‘‘(iv) designing, manufacturing, recon-
ditioning, inspecting, or testing containers,
drums, other packagings, or a component
thereof, represented as qualified for use in
transporting hazardous material.’’;
(4) in paragraph (7) by striking ‘‘title’’ and in-
serting ‘‘title, except that a freight forwarder is in-
cluded only if performing a function related to high-
way transportation’’;
(5) by redesignating paragraphs (9) through
(13) as paragraphs (12) through (16), respectively;
(6) by inserting after paragraph (8) the follow-
ing:
‘‘(9) ‘out-of-service order’ means a mandate
that an aircraft, vessel, motor vehicle, train, railcar,
other vehicle, transport unit, transport vehicle,
freight container, portable tank, or other package
not be moved until specified conditions have been
met.
‘‘(10) ‘package’ or ‘outside package’ means a
packaging and its contents.
‘‘(11) ‘packaging’ means a receptacle and any
other components or materials necessary for the re-
ceptacle to perform its containment function in con-
formance with the minimum packaging requirements
established by the Secretary of Transportation.’’;
and
(7) in paragraph (12)(A) (as redesignated by
paragraph (5) of this section) by striking ‘‘commerce
or transporting hazardous material to further a com-
mercial enterprise’’ and inserting ‘‘commerce, trans-
porting hazardous material to further a commercial
enterprise, or manufacturing, reconditioning, or test-
ing containers, drums, or other packagings, or a
component thereof, represented as qualified for use
in transporting hazardous material’’.
SEC. 4. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.
Section 5107 of title 49, United States Code, is
amended—
(1) in subsection (d) by striking ‘‘or duplicate’’
in the matter preceding paragraph (1);
(2) in subsection (d)(2) by striking ‘‘Agency’’
and inserting ‘‘Administrator of the Environmental
Protection Agency’’ ; and
(3) in subsection (e) by striking section
‘‘5127(c)(3)’’ and inserting ‘‘section 5129(b)(1)’’.
SEC. 5. REGISTRATION.
Section 5108 of title 49, United States Code, is
amended—
(1) by striking subsection (b)(1)(C) and insert-
ing the following:
‘‘(C) each State in which the person carries out
any of the activities.’’;
(2) by striking subsection (c) and inserting the
following:
‘‘(c) FILING SCHEDULE.—Each person required to
file a registration statement under subsection (a) of this
section shall file that statement in accordance with regula-
tions issued by the Secretary.’’;
(3) in subsection (g)(1) by striking ‘‘may’’ and
inserting ‘‘shall’’;
(4) in subsection (g)(2)(A) by striking ‘‘$250
but not more than $5,000’’ and inserting ‘‘$500’’;
(5) in subsection (g)(2)(A) by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph (E)’’;
(6) in subsection (g)(2)(A)(viii) by striking
‘‘sections 5108(g)(2), 5115, and 5116’’ and insert-
ing ‘‘chapter 51 (except sections 5109, 5112, and
5119)’’;
(7) by striking subparagraphs (B) and (C) of
subsection (g)(2) and inserting the following:
‘‘(B) At the beginning of each fiscal year, the Sec-
retary shall publish a fee schedule for the fee established
under this paragraph. The fee schedule shall be designed
to collect the following amounts:
‘‘(i) Amounts authorized for that fiscal year
under sections 5129(b), 5129(d), 5129(e), and
5129(f).
‘‘(ii) Amounts appropriated to the Research and
Special Programs Administration (RSPA) for that
fiscal year under subsection 5129(a)(2).
‘‘(iii) Amounts appropriated to RSPA for that
fiscal year under subsections 5129(c) and 5129(g).
‘‘(C) The Secretary shall transfer to the Secretary of
the Treasury all funds received by the Secretary under
this paragraph, except the amounts appropriated to RSPA
pursuant to subsection 5129(a)(2), for deposit in the ac-
count the Secretary of the Treasury established under sec-
tion 5116(i) of this title.
‘‘(D) Fees authorized under subsection (g)(2)(B)(ii)
shall be collected and available for obligation only to the
extent and in the amount provided in advance in appro-
priations Acts. Such fees are authorized to remain avail-
able until expended.
‘‘(E) The Secretary shall adjust the amount being
collected under subparagraph (B) to reflect any unex-
pended balance in the account established under section
5116(i) of this title. However, the Secretary is not re-
quired to refund any fee collected under this paragraph.’’;
and
(8) in subsection (i)(2)(B) by striking ‘‘State,’’
and inserting ‘‘State, Indian tribe,’’.
SEC. 6. MOTOR CARRIER SAFETY.
(a) MOTOR CARRIER SAFETY PERMITS.—Section
5109(h) of title 49, United States Code, is amended by
striking ‘‘not later than November 16, 1991’’ and insert-
ing ‘‘based upon the findings of the study required by sec-
tion 5128(a) of this title’’.
(b) UNSATISFACTORY
SAFETY
RATING.—Section
5113 of title 49, United States Code, is amended by strik-
ing subsections (a) through (d) and inserting the follow-
ing:
‘‘A violation of section 31144(c)(3) of this title shall
be considered a violation of this chapter and shall be sub-
ject to the penalties in sections 5123 and 5124 of this
chapter.’’.
(c) SAFETY FITNESS
OF OWNERS
AND OPERA-
TORS.—Section 31144(c) of title 49, United States Code,
is amended—
(1) in paragraph (1) by striking ‘‘sections
521(b)(5)(A) and 5113’’ and inserting ‘‘section
521(b)(5)(A)’’; and
(2) in paragraph (3) by adding at the end the
following: ‘‘A violation of this paragraph shall be
considered a violation of chapter 51, and shall be
subject to the penalties in sections 5123 and 5124
of this title.’’.
SEC. 7. SHIPPING PAPER RETENTION.
Section 5110(e) of title 49, United States Code, is
amended by striking the first sentence and inserting the
following: ‘‘The person who provided the shipping paper
and the carrier required to maintain it under subsection
(a) of this section shall retain the paper, or an electronic
image of it, for a period of 1 year after the shipping paper
was provided to the carrier, to be accessible through their
respective principal places of business.’’.
SEC. 8. PUBLIC SECTOR TRAINING CURRICULUM.
Section 5115 of title 49, United States Code, is
amended—–
(1) in subsection (a)—
(A) by striking ‘‘DEVELOPMENT AND UP-
DATING.—Not later than November 16, 1992,
in’’ and inserting ‘‘UPDATING.—In’’;
(B) in the first sentence by striking ‘‘na-
tional response team’’ and inserting ‘‘National
Response Team for Oil and Hazardous Sub-
stances’’;
(C) in the first sentence by striking ‘‘de-
velop and’’; and
(D) by striking the second sentence;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1)
by striking ‘‘developed’’ and inserting ‘‘main-
tained’’;
(B) in paragraphs (1)(A) and (1)(B) by in-
serting ‘‘or involving an alternative fuel vehicle’’
after ‘‘material’’ ; and
(C) in paragraph (1)(C) by striking ‘‘under
other United States Government grant pro-
grams, including those developed with grants
made under section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986
(42 U.S.C. 9660a)’’ and inserting ‘‘with Fed-
eral financial assistance’’ ;
(3) in subsection (c)(3) by striking ‘‘the Na-
tional Fire Protection Association’’ and inserting
‘‘such voluntary consensus standard-setting organi-
zations as the Secretary deems appropriate’’; and
(4) by striking subsection (d) and inserting the
following:
‘‘(d) DISTRIBUTION AND PUBLICATION.—With the
National Response Team for Oil and Hazardous Sub-
stances, the Secretary of Transportation may publish a
list of programs that use a course developed under this
section for training public-sector employees to respond to
accidents or incidents involving hazardous material.’’.
SEC. 9. PLANNING AND TRAINING GRANTS; EMERGENCY
PREPAREDNESS FUND.
(a) IN GENERAL.—Section 5116 of title 49, United
States Code, is amended by—
(1) by striking the section heading and insert-
ing the following:
‘‘§ 5116. Planning and training grants; emergency
preparedness fund’’;
(2) in the second sentence of subsection (e) by
striking ‘‘of the State or tribe under subsections
(a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘received by
the State or tribe under subsections (a)(1) and
(b)(1)’’;
(3) by striking subsection (f) and inserting the
following:
‘‘(f) MONITORING AND TECHNICAL ASSISTANCE.—
The Secretary of Transportation shall monitor public sec-
tor emergency response planning and training for an acci-
dent or incident involving hazardous material. Considering
the results of the monitoring, the Secretary shall provide
technical assistance to a State, political subdivision of a
State, or Indian tribe for carrying out emergency response
training and planning for an accident or incident involving
hazardous material and shall coordinate the assistance
using the existing coordinating mechanisms of the Na-
tional Response Team for Oil and Hazardous Substances
and, for radioactive material, the Federal Radiological
Preparedness Coordinating Committee.’’;
(4) in subsection (g) by striking ‘‘Government
grant’’ and inserting ‘‘Federal financial assistance’’;
(5) by striking subsection (i) and inserting the
following:
‘‘(i) EMERGENCY PREPAREDNESS FUND.—The Sec-
retary of the Treasury shall establish an Emergency Pre-
paredness Fund account in the Treasury into which the
Secretary of the Treasury shall deposit amounts the Sec-
retary of Transportation transfers to the Secretary of the
Treasury under section 5108(g)(2)(C) of this title. With-
out further appropriation, amounts in the account are
available—
‘‘(1) to make grants under this section;
‘‘(2) to monitor and provide technical assistance
under subsection (f) of this section;
‘‘(3) to publish and distribute the North Amer-
ican Emergency Response Guidebook; and
‘‘(4) to pay administrative costs of carrying out
this section and sections 5108(g)(2) and 5115 of
this title, except that not more than 10 percent of
the amounts made available from the account in a
fiscal year to carry out these sections may be used
to pay these costs.’’; and
(6) by striking subsection (k) and inserting the
following:
‘‘(k) SMALL BUSINESSES.—The Secretary may au-
thorize a State or Indian tribe receiving a grant under
this section to use up to 25 percent of the amount of the
grant to assist small businesses in complying with regula-
tions issued under this chapter.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 51 of title 49, United States Code, is
amended by striking the item relating to section 5116 and
inserting the following:
‘‘5116. Planning and training grants; emergency preparedness fund.’’.
SEC. 10. SPECIAL PERMITS AND EXCLUSIONS.
(a) IN GENERAL.—Section 5117 of title 49, United
States Code, is amended—
(1) by striking the section heading and insert-
ing the following:
‘‘§ 5117. Special permits and exclusions’’;
(2) in subsection (a) by striking ‘‘AUTHORITY
TO EXEMPT’’ and inserting ‘‘AUTHORITY TO ISSUE
SPECIAL PERMITS’’;
(3) by striking ‘‘an exemption’’ each place it ap-
pears and inserting ‘‘a special permit’’;
(4) by striking ‘‘the exemption’’ each place it
appears and inserting ‘‘the special permit’’;
(5) in subsection (a)(1) by inserting ‘‘authoriz-
ing variances’’ before ‘‘from this chapter’’;
(6) in subsection (a)(2)—
(A) by striking ‘‘An exemption’’ and in-
serting ‘‘A special permit’’; and
(B) by striking ‘‘2 years’’ and inserting ‘‘4
years’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 51 of title 49, United States Code, is amended
by striking the item relating to section 5117 and inserting
the following:
‘‘5117. Special permits and exclusions.’’.
SEC. 11. UNIFORM FORMS AND PROCEDURES.
Section 5119 of title 49, United States Code, is
amended—
(1) in subsection (a)(1)(A) by inserting ‘‘and
issue permits to’’ after ‘‘register’’; and
(2) by adding at the end of subsection (c) the
following:
‘‘(4) Pending promulgation of regulations under this
subsection, States may participate in a program of uni-
form forms and procedures recommended by the working
group under subsection (b).’’.
SEC. 12. ADMINISTRATION.
Section 5121 of title 49, United States Code, is
amended—
(1) by striking subsections (a), (b), and (c);
(2) by redesignating subsections (d) and (e) as
subsections (a) and (b), respectively:
(3) in the second sentence of subsection (b) (as
so redesignated) by striking ‘‘The report shall in-
clude’’ and inserting ‘‘The report shall include or
make appropriate reference to’’; and
(4) by adding at the end the following:
‘‘(c) 
AUTHORITY
FOR
GRANTS, 
COOPERATIVE
AGREEMENTS, AND OTHER TRANSACTIONS.—To carry
out this chapter, the Secretary may enter into grants, co-
operative agreements, and other transactions with a per-
son, agency or instrumentality of the United States, a unit
of State or local government, an Indian tribe, a foreign
government (in coordination with the Department of
State), an educational institution, or other entity to fur-
ther the objectives of this chapter. The objectives of this
chapter include the conduct of research, development,
demonstration, risk assessment, emergency response plan-
ning and training activities.’’.
SEC. 13. ENFORCEMENT.
Section 5122 of title 49, United States Code, is
amended to read as follows:
‘‘§ 5122. Enforcement
‘‘(a) GENERAL AUTHORITY.—To carry out this chap-
ter, the Secretary of Transportation may investigate,
make reports, issue subpoenas, conduct hearings, require
the production of records and property, take depositions,
and conduct research, development, demonstration, and
training activities. Except as provided in subsection (d)
of this section, the Secretary shall provide notice and an
opportunity for a hearing prior to issuing an order direct-
ing compliance with this chapter or a regulation, order,
special permit, or approval issued under this chapter.
‘‘(b) RECORDS, REPORTS, PROPERTY, AND INFORMA-
TION.—A person subject to this chapter shall—
‘‘(1) maintain records, make reports, and pro-
vide information that the Secretary by regulation or
order requires; and
‘‘(2) make the records, reports, property, and
information available for inspection when the Sec-
retary requests.
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—(1) A des-
ignated officer or employee of the Secretary may—
‘‘(A) inspect and investigate, at a reasonable
time and in a reasonable way, records and property
related to—
‘‘(i) designing, manufacturing, fabricating,
marking, maintaining, reconditioning, repairing,
inspecting, testing, or distributing a packaging,
or a component thereof, for use by a person in
transporting hazardous materials in commerce;
or
‘‘(ii) the transportation of hazardous mate-
rial in commerce;
‘‘(B) except for the packaging immediately ad-
jacent to its hazardous material contents, open and
examine a package offered for or in transportation
when the officer or employee has an objectively rea-
sonable and articulable belief that the package may
contain a hazardous material;
‘‘(C) remove from transportation a package or
related packages in a shipment offered for or in
transportation, and for which such officer or em-
ployee has an objectively reasonable and articulable
belief that the package or packages may pose an im-
minent hazard, and for which the officer or employee
contemporaneously documents that belief in accord-
ance with procedures adopted under subsection (e)
of this section;
‘‘(D) gather information from the offeror, pack-
aging manufacturer or retester, or other person re-
sponsible for the package to ascertain the nature
and hazards of the contents of the package;
‘‘(E) as necessary, under terms and conditions
specified by the Secretary, order the offeror, packag-
ing manufacturer or retester, or other person re-
sponsible for the package to have the package trans-
ported to, opened, and the contents examined and
analyzed at a facility appropriate for the conduct of
this activity; and
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel to
assist in the activities conducted under subsection
(c)(1)(B) of this section.
‘‘(2) An officer or employee acting under this sub-
section shall display proper credentials when requested.
‘‘(3) For instances when, as a result of the inspection
or investigation, an imminent hazard is not found to exist,
the Secretary shall develop procedures to assist in the safe
resumption of transportation of the package and transport
unit.
‘‘(d) EMERGENCY ORDERS.—(1) If, upon inspection
or investigation, the Secretary determines that either a
violation of a provision of this chapter or a regulation
issued under this chapter, or an unsafe condition or prac-
tice, is causing an imminent hazard, the Secretary may
issue or impose emergency restrictions, prohibitions, re-
calls, or out-of-service orders, without notice or the oppor-
tunity for a hearing, but only to the extent necessary to
abate the imminent hazard.
‘‘(2) The Secretary’s action under subsection (d)(1)
must be in a written order describing the violation, condi-
tion or practice that is causing the imminent hazard, and
stating the restrictions, prohibitions, recalls, or out-of-
service orders issued or imposed. The order also shall de-
scribe the standards and procedures for obtaining relief
from the emergency order.
‘‘(3) After taking action under subsection (d)(1), the
Secretary shall provide an opportunity for review of that
action under section 554 of title 5, and such review shall
occur no later than 20 days after issuance of such order.
‘‘(e) REGULATIONS.—The Secretary shall issue regu-
lations with notice and comment, including an opportunity
for informal hearing, to implement the authority in sub-
sections (c) and (d) of this section.
‘‘(f) ENFORCEMENT BY THE ATTORNEY GENERAL.—
At the request of the Secretary, the Attorney General may
bring a civil action in an appropriate district court of the
United States to enforce this chapter or a regulation pre-
scribed or order issued under this chapter. The court may
award appropriate relief, including punitive damages.
‘‘(g) IMMINENT HAZARD.—If the Secretary has rea-
son to believe that an imminent hazard exists, the Sec-
retary may request the Attorney General to bring a civil
action in an appropriate district court of the United
States—
‘‘(1) to suspend or restrict the transportation of
the hazardous material responsible for the hazard;
or
‘‘(2) to eliminate or mitigate the hazard.
‘‘(h) WITHHOLDING
OF CLEARANCE.—(1) If an
owner, operator, or individual in charge of a vessel is liable
for a civil penalty under section 5123 of this title or for
a fine under section 5124 of this title, or if reasonable
cause exists to believe that the owner, operator, or individ-
ual in charge may be subject to penalty or fine, the Sec-
retary of the Treasury, upon request of the Secretary of
Transportation, shall with respect to such vessel refuse or
revoke any clearance required by section 4197 of the re-
vised Statutes of the United States (46 U.S.C. App. 91).
‘‘(2) Clearance refused or revoked under this sub-
section may be granted upon the filing of a bond or other
surety satisfactory to the Secretary of the Treasury.’’.
SEC. 14. PENALTIES.
(a) CIVIL PENALTY.—Section 5123 of title 49,
United States Code, is amended—
(1) in subsection (a)(1) by striking the first
sentence and inserting the following: ‘‘A person that
knowingly violates this chapter or a regulation,
order, special permit, or approval issued under this
chapter is liable to the United States Government
for a civil penalty of at least $250 but not more
than $27,500 for each violation.’’; and
(2) by striking subsection (c)(2) and inserting
the following:
‘‘(2) with respect to the violator, the degree of cul-
pability, any good-faith efforts to comply with the applica-
ble requirements, any history of prior violations, any eco-
nomic benefit resulting from the violation, the ability to
pay, and any effect on the ability to continue to do busi-
ness; and’’.
(b) CRIMINAL PENALTY.—Section 5124 of title 49,
United States Code, is amended to read as follows:
‘‘§ 5124. Criminal penalty
‘‘(a) GENERAL.—A person knowingly violating sec-
tion 5104(b) of this title or willfully violating this chapter
or a regulation, order, special permit, or approval issued
under this chapter, shall be fined under title 18, impris-
oned for not more than 5 years, or both. Knowledge by
the person of the existence of a regulation or requirement
prescribed by the Secretary is not an element of an offense
under this section.
‘‘(b) AGGRAVATED VIOLATIONS.— A person know-
ingly violating section 5104(b) of this title or willfully vio-
lating this chapter or a regulation, order, special permit,
or approval issued under this chapter, and thereby causing
the release of a hazardous material, shall be fined under
title 18, imprisoned for not more than 20 years, or both.’’.
SEC. 15. PREEMPTION.
Section 5125 of title 49, United States Code, is
amended—
(1) in subsection (a)(2) by striking ‘‘chapter’’
the first place it appears and inserting ‘‘chapter, the
purposes of this chapter,’’;
(2) in subsection (b)(2) by striking ‘‘after No-
vember 16, 1990’’; and
(3) by adding at the end the following:
‘‘(h) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Each preemption standard in subsections (a),
(b)(1), (c), and (g) of this section and section 5119(c)(2)
of this title is independent in its application to a require-
ment of any State, political subdivision of a State, or In-
dian tribe.’’.
SEC. 16. JUDICIAL REVIEW.
(a) IN GENERAL.—Chapter 51 of title 49, United
States Code, is amended—
(1) by redesignating section 5127 as section
5129; and
(2) by inserting after section 5126 the follow-
ing:
‘‘§ 5127. Judicial review
‘‘(a) FILING AND VENUE.—Except as provided in
section 20114(c) of this title, a person disclosing a sub-
stantial interest in a final order issued, under the author-
ity of section 5122 or 5123 of this title, by the Secretary
of Transportation, with respect to the duties and powers
designated to be carried out by the Secretary under this
chapter, may apply for review of the order in the United
States Court of Appeals for the District of Columbia or
in the court of appeals for the United States for the circuit
in which the person resides or has its principal place of
business. The petition must be filed not more than 60 days
after the order is issued. The court may allow the petition
to be filed after the 60th day only if there are reasonable
grounds for not filing by the 60th day.
‘‘(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a) of this section, the clerk of the
court immediately shall send a copy of the petition to the
Secretary. The Secretary shall file with the court a record
of any proceeding in which the order was issued, as pro-
vided in section 2112 of title 28, United States Code.
‘‘(c) AUTHORITY OF COURT.—When the petition is
sent to the Secretary, the court has exclusive jurisdiction
to affirm, amend, modify, or set aside any part of the
order and may order the Secretary to conduct further pro-
ceedings. Findings of fact by the Secretary, if supported
by substantial evidence, are conclusive.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final order under this section, the court may
consider an objection to a final order of the Secretary only
if the objection was made in the course of a proceeding
or review conducted by the Secretary or if there was a
reasonable ground for not making the objection in the pro-
ceeding.
‘‘(e) SUPREME COURT REVIEW.—A decision by a
court under this section may be reviewed only by the Su-
preme Court under section 1254 of title 28, United States
Code.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 51 of title 49, United States Code, is amended
by striking the item related to section 5127 and inserting
the following:
‘‘5127. Judicial review.’’
SEC. 17. SAFETY STUDY.
(a) IN GENERAL.—Chapter 51 of title 49, United
States Code (as amended by section 16 of this Act) is
amended by inserting after section 5127 the following:
‘‘§ 5128. High-risk hazardous material; motor carrier
safety study
‘‘(a) STUDY.—The Secretary of Transportation shall
conduct a study to—
‘‘(1) determine the safety benefits and adminis-
trative efficiency of implementing a Federal permit
program for high-risk hazardous material carriers;
‘‘(2) identify and evaluate alternative regulatory
methods and procedures that may improve the safety
of high-risk hazardous material carriers;
‘‘(3) examine the safety benefits of increased
monitoring of high-risk hazardous material carriers,
and the costs, benefits, and procedures of existing
State permit programs;
‘‘(4) make such recommendations as may be
appropriate for the improvement of uniformity
among existing State permit programs; and
‘‘(5) assess the potential of advanced tech-
nologies for improving the assessment of high-risk
hazardous material carriers’’ compliance with motor
carrier safety regulations.
‘‘(b) TIME FRAME.—The Secretary shall begin the
study required by subsection (a) within 6 months after
the date of enactment of this section and complete it with-
in 30 months.
‘‘(c) REPORT.—The Secretary shall report the find-
ings of the study required by subsection (a), together with
such recommendations as may be appropriate, within 36
months after the date of enactment of this section.’’.
(b) CONFORMING AMENDMENT.—The chapter analy-
sis for chapter 51 of title 49, United States Code, is
amended by adding at the end the following:
‘‘5128. High-risk hazardous material; motor carrier safety study.
‘‘5129. Authorization of appropriations.’’.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 5129 of title 49, United
States Code, as redesignated by section 16 of this Act,
is amended to read as follows:
‘‘§ 5129. Authorization of appropriations
‘‘(a) GENERAL.—To carry out this chapter (except
sections 5107(e), 5108(g), 5109, 5112, 5113, 5115, 5116,
5119, and 5128)—
‘‘(1) not more than $13,638,000 is authorized
to be appropriated to the Secretary of Transpor-
tation for fiscal year 2000; and
‘‘(2) from amounts collected under section
5108(g)(2)(B)(ii) of this title, not more than
$18,213,000 is authorized to be appropriated to the
Secretary for fiscal year 2000, and such sums as
may be necessary are authorized to be appropriated
to the Secretary for fiscal years 2001 through 2005.
‘‘(b) SUPPLEMENTAL TRAINING GRANTS.—Not more
than $250,000 is available to the Secretary for fiscal year
2000 and such amounts as are necessary for fiscal years
2001 through 2005, from amounts in the account estab-