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suspend for a period of not less than 6 months the registra-
tion of such carrier or broker under chapter 139 of this title. 
‘‘(b) CRIMINAL PENALTY.—Whoever has been convicted 
of having failed to give up possession of household goods 
shall be fined under title 18 or imprisoned for not more 
than 2 years, or both. 
‘‘(c) FAILURE TO GIVE UP POSSESSION OF HOUSE-
HOLD GOODS DEFINED.—For purposes of this section, the 
term ‘failed to give up possession of household goods’ means 
the knowing and willful failure of a motor carrier to deliver 
to, or unload at, the destination of a shipment of household 
goods that is subject to jurisdiction under subchapter I or 
III of chapter 135 of this title, for which charges have been 
estimated by the motor carrier providing transportation of 
such goods, and for which the shipper has tendered a pay-
ment described in clause (i), (ii), or (iii) of section 
13707(b)(3)(A) of this title.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘14915. Penalties for failure to give up possession of household goods.’’. 
SEC. 4316. PROGRESS REPORT. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report 
on the progress being made in implementing the provisions 
of this title.
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SEC. 4317. ADDITIONAL REGISTRATION REQUIREMENTS 
FOR 
MOTOR 
CARRIERS 
OF 
HOUSEHOLD 
GOODS. 
Section 13902(a) is amended— 
(1) by striking paragraphs (2) and (3); 
(2) by redesignating paragraph (4) as para-
graph (5) and inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ADDITIONAL REGISTRATION REQUIREMENTS FOR 
HOUSEHOLD
GOODS
TRANSPORTATION.—Notwithstanding 
paragraph (1), the Secretary may register a person to pro-
vide transportation of household goods (as defined in section 
13102(10) of this title) only after that person— 
‘‘(A) provides evidence of participation in 
an arbitration program and provides a copy of 
the notice of that program as required by section 
14708(b)(2) of this title; 
‘‘(B) identifies its tariff and provides a 
copy of the notice of the availability of that tariff 
for inspection as required by section 13702(c) of 
this title; 
‘‘(C) provides evidence that it has access to, 
has read, is familiar with, and will observe all 
laws relating to consumer protection, estimating, 
consumers’ rights and responsibilities, and op-
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tions for limitations of liability for loss and 
damage; and 
‘‘(D) discloses any relationship involving 
common stock, common ownership, common 
management, or common familial relationships 
between that person and any other motor carrier, 
freight forwarder, or broker of household goods 
within the past 3 years. 
‘‘(3) CONSIDERATION OF EVIDENCE; FINDINGS.— 
The Secretary shall consider, and, to the extent appli-
cable, make findings on any evidence demonstrating 
that the registrant is unable to comply with any ap-
plicable requirement of paragraph (1) or, in the case 
of a registrant to which paragraph (2) applies, para-
graph (1) or (2). 
‘‘(4) WITHHOLDING.—If the Secretary deter-
mines that a registrant under this section does not 
meet, or is not able to meet, any requirement of para-
graph (1) or, in the case of a registrant to which 
paragraph (2) applies, paragraph (1) or (2), the Sec-
retary shall withhold registration.’’; and 
(3) by adding at the end of paragraph (5), as re-
designated, ‘‘In the case of a registration for the 
transportation of household goods (as defined in sec-
tion 13102(10 of this title), the Secretary may also
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hear a complaint on the ground that the registrant 
fails or will fail to comply with the requirements of 
paragraph (2) of this subsection.’’. 
Subtitle D—Hazardous Materials 
Transportation Safety and Security 
SEC. 4401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Hazardous Material 
Transportation Safety and Security Reauthorization Act of 
2004’’. 
SEC. 4402. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
PART I—GENERAL AUTHORITIES ON 
TRANSPORTATION OF HAZARDOUS MATERIALS 
SEC. 4421. PURPOSE. 
The text of section 5101 is amended to read as follows: 
‘‘The purpose of this chapter is to protect against the 
risks to life, property, and the environment that are inher-
ent in the transportation of hazardous material in intra-
state, interstate, and foreign commerce.’’. 
SEC. 4422. DEFINITIONS. 
Section 5102 is amended as follows:
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(1) COMMERCE.—Paragraph (1) is amended— 
(A) by striking ‘‘or’’ after the semicolon in 
subparagraph (A); 
(B) by striking the ‘‘State.’’ in subpara-
graph (B) and inserting ‘‘State; or’’; and 
(C) by adding at the end the following: 
‘‘(C) on a United States-registered air-
craft.’’. 
(2) HAZMAT
EMPLOYEE.—Paragraph (3) is 
amended to read as follows: 
‘‘(3) ‘hazmat employee’ means an individual— 
‘‘(A) who— 
‘‘(i) is employed or used by a hazmat 
employer; or 
‘‘(ii) is self-employed, including an 
owner-operator of a motor vehicle, vessel, or 
aircraft, transporting hazardous material 
in commerce; and 
‘‘(B) who performs a function regulated by 
the Secretary under section 5103(b)(1) of this 
title.’’. 
(3) HAZMAT
EMPLOYER.—Paragraph (4) is 
amended to read as follows: 
‘‘(4) ‘hazmat employer’ means a person— 
‘‘(A) who—
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‘‘(i) employs or uses at least 1 hazmat 
employee; or 
‘‘(ii) is self-employed, including an 
owner-operator of a motor vehicle, vessel, or 
aircraft, transporting hazardous material 
in commerce; and 
‘‘(B) who performs, or employs or uses at 
least 1 hazmat employee to perform, a function 
regulated 
by 
the 
Secretary 
under 
section 
5103(b)(1) of this title.’’. 
(4) IMMINENT
HAZARD.—Paragraph (5) is 
amended by inserting ‘‘relating to hazardous mate-
rial’’ after ‘‘of a condition’’. 
(5) MOTOR CARRIER.—Paragraph (7) is amend-
ed to read as follows: 
‘‘(7) ‘motor carrier’— 
‘‘(A) means a motor carrier, motor private 
carrier, and freight forwarder as those terms are 
defined in section 13102 of this title; but 
‘‘(B) does not include a freight forwarder, 
as so defined, if the freight forwarder is not per-
forming a function relating to highway transpor-
tation.’’. 
(6) NATIONAL RESPONSE TEAM.—Paragraph (8) 
is amended—
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(A) by striking ‘‘national response team’’ 
both places it appears and inserting ‘‘National 
Response Team’’; and 
(B) by striking ‘‘national contingency 
plan’’ and inserting ‘‘National Contingency 
Plan’’. 
(7) PERSON.—Paragraph (9)(A) is amended by 
striking ‘‘offering’’ and all that follows and inserting 
‘‘that— 
‘‘(i) offers hazardous material for 
transportation in commerce; 
‘‘(ii) transports hazardous material to 
further a commercial enterprise; or 
‘‘(iii) manufactures, designs, inspects, 
tests, reconditions, marks, or repairs a 
packaging or packaging component that is 
represented as qualified for use in trans-
porting hazardous material in commerce; 
but’’. 
(8) SECRETARY OF TRANSPORTATION.—Section 
5101 is further amended— 
(A) by redesignating paragraphs (11), (12), 
and (13), as paragraphs (12), (13), and (14), re-
spectively; and
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(B) by inserting after paragraph (10) the 
following: 
‘‘(11) ‘Secretary’ means the Secretary of Trans-
portation except as otherwise provided.’’. 
SEC. 4423. GENERAL REGULATORY AUTHORITY. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5103(a) is amended by striking ‘‘of 
Transportation’’. 
(b) DESIGNATING MATERIAL AS HAZARDOUS.—Sec-
tion 5103(a) is further amended— 
(1) by striking ‘‘etiologic agent’’ and all that fol-
lows through ‘‘corrosive material,’’ and inserting ‘‘in-
fectious substance, flammable or combustible liquid, 
solid, or gas, toxic, oxidizing, or corrosive material,’’; 
and 
(2) by striking ‘‘decides’’ and inserting ‘‘deter-
mines’’. 
(c) REGULATIONS FOR SAFE TRANSPORTATION.—Sec-
tion 5103(b)(1)(A) is amended to read as follows: 
‘‘(A) apply to a person who— 
‘‘(i) transports hazardous material in 
commerce; 
‘‘(ii) causes hazardous material to be 
transported in commerce;
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‘‘(iii) manufactures, designs, inspects, 
tests, reconditions, marks, or repairs a 
packaging or packaging component that is 
represented as qualified for use in trans-
porting hazardous material in commerce; 
‘‘(iv) prepares or accepts hazardous 
material for transportation in commerce; 
‘‘(v) is responsible for the safety of 
transporting hazardous material in com-
merce; 
‘‘(vi) certifies compliance with any re-
quirement under this chapter; 
‘‘(vii) misrepresents whether such per-
son is engaged in any activity under clause 
(i) through (vi) of this subparagraph; or 
‘‘(viii) performs any other act or func-
tion relating to the transportation of haz-
ardous material in commerce; and’’. 
(d) TECHNICAL AMENDMENT REGARDING CONSULTA-
TION.—Section 5103 is amended— 
(1) by striking subsection (b)(1)(C); and 
(2) by adding at the end the following: 
‘‘(c) CONSULTATION.—When prescribing a security 
regulation or issuing a security order that affects the safety 
of the transportation of hazardous material, the Secretary
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of Homeland Security shall consult with the Secretary of 
Transportation.’’. 
SEC. 4424. LIMITATION ON ISSUANCE OF HAZMAT LI-
CENSES. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5103a is amended by striking ‘‘of Trans-
portation’’ each place it appears in subsections (a)(1), 
(c)(1)(B), and (d) and inserting ‘‘of Homeland Security’’. 
(b) 
COVERED
HAZARDOUS
MATERIALS.—Section 
5103a(b) is amended by striking ‘‘with respect to—’’ and 
all that follows and inserting ‘‘with respect to any material 
defined as hazardous material by the Secretary for which 
the Secretary requires placarding of a commercial motor 
vehicle transporting that material in commerce.’’. 
(c) RECOMMENDATIONS ON CHEMICAL OR BIOLOGICAL 
MATERIALS.—Section 5103a is further amended— 
(1) by redesignating subsections (c), (d), and (e) 
as subsections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) RECOMMENDATIONS ON CHEMICAL AND BIOLOGI-
CAL MATERIALS.—The Secretary of Health and Human 
Services shall recommend to the Secretary any chemical or 
biological material or agent for regulation as a hazardous 
material under section 5103(a) of this title if the Secretary
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HR 3550 EAS 
of Health and Human Services determines that such mate-
rial or agent is a threat to the national security of the 
United States.’’. 
(d) CONFORMING AMENDMENT.—Section 5103a(a)(1) 
is amended by striking ‘‘subsection (c)(1)(B),’’ and insert-
ing ‘‘subsection (d)(1)(B),’’. 
SEC. 4425. REPRESENTATION AND TAMPERING. 
(a) REPRESENTATION.—Section 5104(a) is amend-
ed— 
(1) by striking ‘‘a container,’’ and all that fol-
lows through ‘‘packaging) for’’ and inserting ‘‘a pack-
age, component of a package, or packaging for’’; and 
(2) by striking ‘‘the container’’ and all that fol-
lows through ‘‘packaging) meets’’ and inserting ‘‘the 
package, component of a package, or packaging 
meets’’. 
(b) TAMPERING.—Section 5104(b) is amended— 
(1) by inserting ‘‘, without authorization from 
the owner or custodian,’’ after ‘‘may not’’; 
(2) by striking ‘‘unlawfully’’; and 
(3) by inserting ‘‘component of a package, or 
packaging,’’ after ‘‘package,’’ in paragraph (2).
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SEC. 4426. TRANSPORTING CERTAIN HIGHLY RADIOACTIVE 
MATERIAL. 
(a) REPEAL OF ROUTES AND MODES STUDY.—Section 
5105 is amended by striking subsection (d). 
(b) REPEAL OF REQUIREMENT FOR INSPECTIONS OF 
CERTAIN MOTOR VEHICLES.—Section 5105 is amended by 
striking subsection (e). 
SEC. 4427. HAZMAT EMPLOYEE TRAINING REQUIREMENTS 
AND GRANTS. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5107 is amended by striking ‘‘of Trans-
portation’’ each place it appears in subsections (a), (b), (c) 
(other than in paragraph (1)), (d), and (f). 
(b) TRAINING GRANTS.—Section 5107(e) is amended— 
(1) by striking ‘‘section 5127(c)(3)’’ and insert-
ing ‘‘section 5128(b)(1) of this title’’; 
(2) by inserting ‘‘and, to the extent determined 
appropriate by the Secretary, grants for such instruc-
tors to train hazmat employees’’ after ‘‘employees’’ in 
the first sentence thereof. 
SEC. 4428. REGISTRATION. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5108 is amended by striking ‘‘of Trans-
portation’’ each place it appears in subsections (a), (b) 
(other than following ‘‘Department’’), (d), (e), (f), (g), (h), 
and (i).
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(b) PERSONS REQUIRED TO FILE.— 
(1) 
REQUIREMENT
TO
FILE.—Section 
5108(a)(1)(B) is amended by striking ‘‘class A or B 
explosive’’ and inserting ‘‘Division 1.1, 1.2, or 1.3 ex-
plosive material’’. 
(2) AUTHORITY TO REQUIRE TO FILE.—Section 
5108(a)(2)(B) is amended to read as follows: 
‘‘(B) a person manufacturing, designing, in-
specting, testing, reconditioning, marking, or repair-
ing a package or packaging component that is rep-
resented as qualified for use in transporting haz-
ardous material in commerce.’’. 
(3) NO
TRANSPORTATION
WITHOUT
FILING.— 
Section 5108(a)(3) is amended by striking ‘‘fab-
ricate,’’ and all that follows through ‘‘package or’’ 
and inserting ‘‘design, inspect, test, recondition, 
mark, or repair a package, packaging component, 
or’’. 
(c) FORM
AND
CONTENT
OF
FILINGS.—Section 
5108(b)(1)(C) by striking ‘‘the activity.’’ and inserting 
‘‘any of the activities.’’. 
(d) FILING.—Section 5108(c) is amended to read as 
follows: 
‘‘(c) FILING.—Each person required to file a registra-
tion statement under subsection (a) of this section shall file
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the statement in accordance with regulations prescribed by 
the Secretary.’’. 
(e) FEES.—Section 5108(g)(1) is amended by striking 
‘‘may establish,’’ and inserting ‘‘shall establish,’’. 
(f) 
RELATIONSHIP
TO
OTHER
LAWS.—Section 
5108(i)(2)(B) is amended by inserting ‘‘an Indian tribe,’’ 
after ‘‘subdivision of a State,’’. 
(g) REGISTRATION AND ANNUAL FEES.— 
(1) REDUCTION IN CAP.—Section 5108(g)(2)(A) 
is amended by striking ‘‘$5,000’’ and inserting 
‘‘$2,000’’. 
(2) RULEMAKING.—Any rule, regulation, or 
order issued by the Secretary of Transportation under 
which the assessment, payment, or collection of fees 
under section 5108(g) of title 49, United States Code, 
was suspended or terminated before the date of enact-
ment of this Act is declared null and void effective 30 
days after such date of enactment. Beginning on the 
31st day after such date of enactment, the fee schedule 
established by the Secretary and set forth at 65 Fed-
eral Register 7297 (as modified by the rule set forth 
at 67 Federal Register 58343) shall take effect and 
apply until such time as it may be modified by a 
rulemaking proceeding.
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(3) PLANNING AND TRAINING GRANTS.—Notwith-
standing any other provision of law to the contrary, 
including any limitation on the amount of grants au-
thorized by section 5116 of title 49, United States 
Code, not contained in that section, the Secretary 
shall make grants under that section from the account 
established under section 5116(i) to reduce the balance 
in that account over the 6 fiscal year period begin-
ning with fiscal year 2004, but in no fiscal year shall 
the grants distributed exceed the level authorized by 
section 5116 of title 49, United States Code. 
SEC. 4429. SHIPPING PAPERS AND DISCLOSURE. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5110(a) is amended by striking ‘‘of 
Transportation’’. 
(b) DISCLOSURE CONSIDERATIONS
AND REQUIRE-
MENTS.—Section 5110 is amended— 
(1) by striking ‘‘under subsection (b) of this sec-
tion.’’ in subsection (a) and inserting ‘‘in regula-
tions.’’; 
(2) by striking subsection (b); and 
(3) by redesignating subsections (c), (d), and (e) 
as subsections (b), (c), and (d), respectively. 
(c) RETENTION OF PAPERS.—The first sentence of sec-
tion 5110(d), as redesignated by subsection (b)(3) of this
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section, is amended to read as follows: ‘‘The person who pro-
vides the shipping paper, and the carrier required to keep 
it, under this section shall retain the paper, or an electronic 
format of it, for a period of 3 years after the date the ship-
ping paper is provided to the carrier, with the paper and 
format to be accessible through their respective principal 
places of business.’’. 
SEC. 4430. RAIL TANK CARS. 
(a) REPEAL OF REQUIREMENTS.—Section 5111 is re-
pealed. 
(b) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 51 is amended by striking the item relating to sec-
tion 5111. 
SEC. 4431. HIGHWAY ROUTING OF HAZARDOUS MATERIAL. 
The second sentence of section 5112(a)(1) is amended 
by striking ‘‘However, the Secretary of Transportation’’ 
and inserting ‘‘The Secretary’’. 
SEC. 4432. UNSATISFACTORY SAFETY RATINGS. 
(a) IN GENERAL.—The text of section 5113 is amended 
to read as follows: 
‘‘A violation of section 31144(c)(3) of this title shall 
be considered a violation of this chapter, and shall be subject 
to the penalties in sections 5123 and 5124 of this title.’’. 
(b) CONFORMING AMENDMENTS.—The first subsection 
(c) of section 31144 is amended—
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(1) by striking ‘‘sections 521(b)(5)(A) and 5113’’ 
in paragraph (1) and inserting ‘‘section 521(b)(5)(A) 
of this title’’; and 
(2) by adding at the end of paragraph (3) ‘‘A 
violation of this paragraph by an owner or operator 
transporting hazardous material shall be considered a 
violation of chapter 51 of this title, and shall be sub-
ject to the penalties in sections 5123 and 5124 of this 
title.’’. 
SEC. 4433. AIR TRANSPORTATION OF IONIZING RADIATION 
MATERIAL. 
Section 5114(b) is amended by striking ‘‘of Transpor-
tation’’. 
SEC. 4434. TRAINING CURRICULUM FOR THE PUBLIC SEC-
TOR. 
(a) IN GENERAL.—Section 5115(a) is amended to read 
as follows: 
‘‘(a) IN GENERAL.—In coordination with the Director 
of the Federal Emergency Management Agency, the Chair-
man of the Nuclear Regulatory Commission, the Adminis-
trator of the Environmental Protection Agency, the Secre-
taries of Labor, Energy, and Health and Human Services, 
and the Director of the National Institute of Environmental 
Health Sciences, and using existing coordinating mecha-
nisms of the National Response Team and, for radioactive
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material, the Federal Radiological Preparedness Coordi-
nating Committee, the Secretary shall maintain a current 
curriculum of lists of courses necessary to train public sec-
tor emergency response and preparedness teams in matters 
relating to the transportation of hazardous material.’’. 
(b) REQUIREMENTS.—Section 5115(b) is amended— 
(1) by striking ‘‘developed’’ in the matter pre-
ceding paragraph (1) and inserting ‘‘maintained’’; 
and 
(2) by striking ‘‘under other United States Gov-
ernment grant programs’’ in paragraph (1)(C) and 
all that follows and inserting ‘‘with Federal assist-
ance; and’’. 
(c) TRAINING ON COMPLIANCE WITH LEGAL REQUIRE-
MENTS.—Section 5115(c)(3) is amended by striking ‘‘Asso-
ciation.’’ and inserting ‘‘Association or by any other vol-
untary organization establishing consensus-based standards 
that the Secretary considers appropriate.’’. 
(d) 
DISTRIBUTION
AND
PUBLICATION.—Section 
5115(d) is amended— 
(1) by striking ‘‘national response team—’’ and 
inserting ‘‘National Response Team—’’; and 
(2) by striking ‘‘publish a list’’ in paragraph (2) 
and all that follows and inserting ‘‘publish and dis-
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tribute the list of courses maintained under this sec-
tion, and of any programs utilizing such courses.’’. 
SEC. 4435. PLANNING AND TRAINING GRANTS; EMERGENCY 
PREPAREDNESS FUND. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5116 is amended by striking ‘‘of Trans-
portation’’ each place it appears in subsections (a), (b), (c), 
(d), (g), and (i). 
(b) GOVERNMENT SHARE OF COSTS.—Section 5116(e) 
is amended by striking the second sentence. 
(c) MONITORING AND TECHNICAL ASSISTANCE.—Sec-
tion 5116(f) is amended by striking ‘‘national response 
team’’ and inserting ‘‘National Response Team’’. 
(d) DELEGATION OF AUTHORITY.—Section 5116(g) is 
amended by striking ‘‘Government grant programs’’ and 
inserting ‘‘Federal financial assistance programs’’. 
(e) EMERGENCY PREPAREDNESS FUND.— 
(1) NAME OF FUND.—Section 5116(i) is amend-
ed by inserting after ‘‘an account’’ the following: ‘‘(to 
be known as the ‘Emergency Preparedness Fund’)’’. 
(2) PUBLICATION
OF
EMERGENCY
RESPONSE 
GUIDE.—Section 5116(i) is further amended— 
(A) by striking ‘‘collects under section 
5108(g)(2)(A) of this title and’’;
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(B) by striking ‘‘and’’ after the semicolon in 
paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (4); and 
(D) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) to publish and distribute an emergency re-
sponse guide; and’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
5108(g)(2)(C) is amended by striking ‘‘the account the 
Secretary of the Treasury establishes’’ and inserting 
‘‘the Emergency Response Fund established’’. 
(f) REPORTS.—Section 5116(k) is amended— 
(1) by striking the first sentence and inserting 
‘‘The Secretary shall make available to the public an-
nually information on the allocation and uses of 
planning grants under subsection (a), training grants 
under subsection (b), and grants under subsection (j) 
of this section and under section 5107 of this title.’’; 
and 
(2) by striking ‘‘Such report’’ in the second sen-
tence and inserting ‘‘The information’’. 
SEC. 4436. SPECIAL PERMITS AND EXCLUSIONS. 
(a) SPECIAL PERMITS AND EXCLUSIONS.—
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(1) IN GENERAL.—Section 5117(a)(1) is amend-
ed by striking ‘‘the Secretary of Transportation may 
issue’’ and all that follows through ‘‘in a way’’ and 
inserting ‘‘the Secretary may issue, modify, or termi-
nate a special permit authorizing variances from this 
chapter, or a regulation prescribed under section 
5103(b), 5104, 5110, or 5112 of this title, to a person 
performing a function regulated by the Secretary 
under section 5103(b)(1) of this title in a way’’. 
(2) DURATION.—Section 5117(a)(2) is amended 
to read as follows: 
‘‘(2) A special permit under this subsection— 
‘‘(A) shall be effective when first issued for 
not more than 2 years; and 
‘‘(B) may be renewed for successive periods 
of not more than 4 years each.’’. 
(b) REFERENCES
TO SPECIAL PERMITS.—Section 
5117 is further amended— 
(1) by striking ‘‘an exemption’’ each place it ap-
pears and inserting ‘‘a special permit’’; and 
(2) by striking ‘‘the exemption’’ each place it ap-
pears and inserting ‘‘the special permit’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENT.—The heading of 
section 5117 is amended to read as follows:
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‘‘§ 5117. Special permits and exclusions’’ 
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for chapter 51 is amended by striking the item 
relating to section 5117 and inserting the following: 
‘‘5117. Special permits and exclusions.’’. 
(d) REPEAL OF SECTION 5118.— 
(1) Section 5118 is repealed. 
(2) The chapter analysis for chapter 51 is 
amended by striking the item relating to section 5118 
and inserting the following: 
‘‘5118. Repealed.’’. 
SEC. 4437. UNIFORM FORMS AND PROCEDURES. 
The text of section 5119 is amended to read as follows: 
‘‘(a) IN GENERAL.—The Secretary may prescribe regu-
lations to establish uniform forms and regulations for 
States on the following: 
‘‘(1) To register and issue permits to persons 
that transport or cause to be transported hazardous 
material by motor vehicles in a State. 
‘‘(2) To permit the transportation of hazardous 
material in a State. 
‘‘(b) UNIFORMITY IN FORMS AND PROCEDURES.—In 
prescribing regulations under subsection (a) of this section, 
the Secretary shall develop procedures to eliminate discrep-
ancies among the States in carrying out the activities cov-
ered by the regulations.
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‘‘(c) LIMITATION.—The regulations prescribed under 
subsection (a) of this section may not define or limit the 
amount of any fees imposed or collected by a State for any 
activities covered by the regulations. 
‘‘(d) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) of this subsection, the regulations prescribed 
under subsection (a) of this section shall take effect 1 
year after the date on which prescribed. 
‘‘(2) EXTENSION.—The Secretary may extend the 
1-year period in subsection (a) for an additional year 
for good cause. 
‘‘(e) STATE REGULATIONS.—After the regulations pre-
scribed under subsection (a) of this section take effect under 
subsection (d) of this section, a State may establish, main-
tain, or enforce a requirement relating to the same subject 
matter only if the requirement is consistent with applicable 
requirements with respect to such activity in the regula-
tions. 
‘‘(f) INTERIM STATE PROGRAMS.—Pending the pre-
scription of regulations under subsection (a) of this section, 
States may participate in the program of uniform forms 
and procedures recommended by the Alliance for Uniform 
Hazmat Transportation Procedures.’’.
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HR 3550 EAS 
SEC. 4438. INTERNATIONAL UNIFORMITY OF STANDARDS 
AND REQUIREMENTS. 
Section 5120 is amended by striking ‘‘of Transpor-
tation’’ each place it appears in subsections (a), (b), and 
(c)(1). 
SEC. 
4439. 
HAZARDOUS 
MATERIALS 
TRANSPORTATION 
SAFETY AND SECURITY. 
The text of section 5121 is amended to read as follows: 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) To carry out this chapter, the Secretary 
may investigate, conduct tests, make reports, issue 
subpoenas, conduct hearings, require the production of 
records and property, take depositions, and conduct 
research, development, demonstration, and training 
activities. 
‘‘(2) Except as provided in subsections (c) and 
(d) of this section, the Secretary shall provide notice 
and an opportunity for a hearing before issuing an 
order directing compliance with this chapter, a regu-
lation prescribed under this chapter, or an order, spe-
cial 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 property and information that the Secretary by 
regulation or order requires; and
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‘‘(2) make the records, reports, property, and in-
formation available for inspection when the Secretary 
undertakes an inspection or investigation. 
‘‘(c) INSPECTIONS AND INVESTIGATIONS.— 
‘‘(1) A designated officer or employee of the Sec-
retary may— 
‘‘(A) inspect and investigate, at a reason-
able time and in a reasonable way, records and 
property relating to a function described in sec-
tion 5103(b)(1) of this title; 
‘‘(B) except for packaging immediately ad-
jacent to the hazardous material contents, gain 
access to, open, and examine a package offered 
for or in transportation when the officer or em-
ployees has an objectively reasonable and 
articulable belief that the package may contain 
hazardous material; 
‘‘(C) remove from transportation a package 
or related packages in a shipment offered for or 
in transportation for which— 
‘‘(i) such officer or employee has an ob-
jectively reasonable and articulable belief 
that the package may pose an imminent 
hazard; and
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‘‘(ii) such officer or employee contem-
poraneously documents such belief in ac-
cordance with procedures set forth in regu-
lations prescribed under subsection (e) of 
this section; 
‘‘(D) gather information from the offeror, 
carrier, packaging manufacturer or retester, or 
other person responsible for a package or pack-
ages to ascertain the nature and hazards of the 
contents of the package or packages; 
‘‘(E) as necessary under terms and condi-
tions prescribed by the Secretary, order the offer-
or, carrier, or other person responsible for a 
package or packages to have the package or pack-
ages transported to an appropriate facility, 
opened, examined, and analyzed; and 
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel 
to assist in activities carried out under this 
paragraph. 
‘‘(2) An officer or employee acting under the au-
thority of the Secretary under this subsection shall 
display proper credentials when requested. 
‘‘(3) In instances when, as a result of an inspec-
tion or investigation under this subsection, an immi-
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nent hazards is not found to exist, the Secretary shall, 
in accordance with procedures set forth in regulations 
prescribed under subsection (e) of this section, assist 
the safe resumption of transportation of the package, 
packages, or transport unit concerned. 
‘‘(d) EMERGENCY ORDERS.— 
‘‘(1) If, upon inspection, investigation, testing, 
or research, the Secretary determines that a violation 
of a provision of this chapter, or a regulation pre-
scribed under this chapter, or an unsafe condition or 
practice, constitutes or is causing an imminent haz-
ard, the Secretary may issue or impose emergency re-
strictions, prohibitions, recalls, or out-of-service or-
ders, without notice or an opportunity for a hearing, 
but only to the extent necessary to abate the imminent 
hazard. 
‘‘(2) The action of the Secretary under para-
graph (1) of this subsection shall be in a written 
emergency order that— 
‘‘(A) describes the violation, condition, or 
practice that constitutes or is causing the immi-
nent hazard; 
‘‘(B) states the restrictions, prohibitions, re-
calls, or out-of-service orders issued or imposed; 
and
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‘‘(C) describe the standards and procedures 
for obtaining relief from the order. 
‘‘(3) After taking action under paragraph (1) of 
this subsection, the Secretary shall provide for review 
of the action under section 554 of title 5 if a petition 
for review is filed within 20 calendar days of the 
issuance of the order for the action. 
‘‘(4) If a petition for review of an action is filed 
under paragraph (3) of this subsection and the review 
under that paragraph is not completed by the end of 
the 30-day period beginning on the date the petition 
is filed, the action shall cease to be effective at the end 
of such period unless the Secretary determines, in 
writing, that the imminent hazard providing a basis 
for the action continues to exist. 
‘‘(5) In this subsection, the term ‘out-of-service 
order’ means a requirement that an aircraft, vessel, 
motor vehicle, train, railcar, locomotive, other vehicle, 
transport unit, transport vehicle, freight container, 
potable tank, or other package not be moved until 
specified conditions have been met. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe in 
accordance with section 553 of title 5 regulations to carry 
out the authority in subsections (c) and (d) of this section.
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‘‘(f) FACILITY, STAFF, AND REPORTING SYSTEM ON 
RISKS, EMERGENCIES, AND ACTIONS.— 
‘‘(1) The Secretary shall— 
‘‘(A) maintain a facility and technical staff 
sufficient to provide, within the United States 
Government, the capability of evaluating a risk 
relating to the transportation of hazardous mate-
rial and material alleged to be hazardous; 
‘‘(B) maintain a central reporting system 
and information center capable of providing in-
formation and advice to law enforcement and 
firefighting personnel, and other interested indi-
viduals, and officers and employees of the United 
States Government and State and local govern-
ments on meeting an emergency relating to the 
transportation of hazardous material; and 
‘‘(C) conduct a continuous review on all as-
pects of transporting hazardous material to de-
cide on and take appropriate actions to ensure 
safe transportation of hazardous material. 
‘‘(2) Paragraph (1) of this subsection shall not 
prevent the Secretary from making a contract with a 
private entity for use of a supplemental reporting sys-
tem and information center operated and maintained 
by the contractor.
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‘‘(g) GRANTS, COOPERATIVE
AGREEMENTS, 
AND 
OTHER TRANSACTIONS.—The Secretary may enter into 
grants, cooperative agreements, and other transactions with 
a person, agency, or instrumentality of the United States, 
a unit of State or local government, an Indian tribe, a for-
eign government (in coordination with the Department of 
State), an educational institution, or other appropriate en-
tity— 
‘‘(1) to expand risk assessment and emergency 
response capabilities with respect to the security of 
transportation of hazardous material; 
‘‘(2) to conduct research, development, dem-
onstration, risk assessment and emergency response 
planning and training activities; or 
‘‘(3) to otherwise carry out this chapter. 
‘‘(h) REPORTS.— 
‘‘(1) The Secretary shall, once every 2 years, sub-
mit to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure a 
comprehensive report on the transportation of haz-
ardous material during the preceding 2 calendar 
years. Each report shall include, for the period cov-
ered by such report—
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‘‘(A) a statistical compilation of the acci-
dents, incidents, and casualties related to the 
transportation of hazardous material during 
such period; 
‘‘(B) a list and summary of applicable Gov-
ernment regulations, criteria, orders, and special 
permits; 
‘‘(C) a summary of the basis for each spe-
cial permit issued; 
‘‘(D) an evaluation of the effectiveness of en-
forcement activities relating to the transpor-
tation of hazardous material during such period, 
and of the degree of voluntary compliance with 
regulations; 
‘‘(E) a summary of outstanding problems in 
carrying out this chapter, set forth in order of 
priority; and 
‘‘(F) any recommendations for legislative or 
administrative action that the Secretary con-
siders appropriate. 
‘‘(2) Before December 31, 2005, and every 3 
years thereafter, the Secretary, through the Bureau of 
Transportation Statistics and in consultation with 
other Federal departments and agencies, shall submit 
a report to the Senate Committee on Commerce,
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Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infra-
structure on the transportation of hazardous material 
in all modes of transportation during the preceding 
3 calendar years. Each report shall include, for the 
period covered by such report— 
‘‘(A) a summary of the hazardous material 
shipments, deliveries, and movements during 
such period, set forth by hazardous materials 
type, by tonnage and ton-miles, and by mode, 
both domestically and across United States bor-
ders; and 
‘‘(B) a summary of shipment estimates dur-
ing such period as a proxy for risk. 
‘‘(i) SECURITY SENSITIVE INFORMATION.— 
‘‘(1) If the Secretary determines that particular 
information may reveal a vulnerability of a haz-
ardous material to attack during transportation in 
commerce, or may facilitate the diversion of haz-
ardous material during transportation in commerce 
for use in an attack on people or property, the Sec-
retary may disclose such information only— 
‘‘(A) to the owner, custodian, offeror, or car-
rier of such hazardous material;
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‘‘(B) to an officer, employee, or agent of the 
United States Government, or a State or local 
government, including volunteer fire depart-
ments, concerned with carrying out transpor-
tation safety laws, protecting hazardous material 
in the course of transportation in commerce, pro-
tecting public safety or national security, or en-
forcing Federal law designed to protect public 
health or the environment; or 
‘‘(C) in an administrative or judicial pro-
ceeding brought under this chapter, under other 
Federal law intended to protect public health or 
the environment, or under other Federal law in-
tended to address terrorist actions or threats of 
terrorist actions. 
‘‘(2) The Secretary may make determinations 
under paragraph (1) of this subsection with respect 
categories of information in accordance with regula-
tions prescribed by the Secretary. 
‘‘(3) A release of information pursuant to a de-
termination under paragraph (1) of this subsection 
shall not be treated as a release of such information 
to the public for purposes of section 552 of title 5.’’.
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SEC. 4440. ENFORCEMENT. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5122(a) is amended by striking ‘‘of 
Transportation’’. 
(b) GENERAL.—Section 5122(a) is further amended— 
(1) by striking ‘‘chapter or a regulation pre-
scribed or order’’in the first sentence and inserting 
‘‘chapter, a regulation prescribed under this chapter, 
or an order, special permit, or approval’’; and 
(2) by striking the second sentence and inserting 
‘‘In an action under this subsection, the court may 
award appropriate relief, including a temporary or 
permanent injunction, civil penalties under section 
5123 of this title, and punitive damages.’’. 
(c) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is 
amended by striking ‘‘ameliorate’’ and inserting ‘‘miti-
gate’’. 
SEC. 4441. CIVIL PENALTIES. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5123(b) is amended by striking ‘‘of 
Transportation’’. 
(b) PENALTY.—Section 5123(a)(1) is amended— 
(1) by striking ‘‘chapter or a regulation pre-
scribed or order’’ and inserting ‘‘chapter, a regulation 
prescribed under this chapter, or an order, special 
permit, or approval’’; and
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(2) 
by 
striking 
‘‘$25,000’’ 
and 
inserting 
‘‘$100,000’’. 
(c) HEARING
REQUIREMENT.—Section 5123(b) is 
amended by striking ‘‘chapter or a regulation prescribed’’ 
and inserting ‘‘chapter, a regulation prescribed under this 
chapter, or an order, special permit, or approval issued’’. 
(d) CIVIL ACTIONS TO COLLECT.—Section 5123(d) is 
amended by striking ‘‘section.’’ and inserting ‘‘section and 
any accrued interest on the civil penalty as calculated in 
accordance with section 1005 of the Oil Pollution Act of 
1990 (33 U.S.C. 2705). In the civil action, the amount and 
appropriateness of the civil penalty shall not be subject to 
review.’’. 
(e) EFFECTIVE DATE.—(1) The amendments made by 
subsections (b) and (c) of this section shall take effect on 
the date of the enactment of this Act, and shall apply with 
respect to violations described in section 5123(a) of title 49, 
United States Code (as amended by this section), that occur 
on or after that date. 
(2) The amendment made by subsection (d) of this sec-
tion shall apply with respect to civil penalties imposed on 
violations described in section 5123(a) of title 49, United 
States Code (as amended by this section), which violations 
occur on or after the date of the enactment of this Act.
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SEC. 4442. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 5124 is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A 
person’’; and 
(2) by striking ‘‘chapter or a regulation pre-
scribed or order’’ and inserting ‘‘chapter, a regulation 
prescribed under this chapter, or an order, special 
permit, or approval’’. 
(b) ADDITIONAL MATTERS.—That section is further 
amended by adding at the end the following: 
‘‘(b) AGGRAVATED VIOLATIONS.—A person knowingly 
violating section 5104(b) of this title or willfully violating 
this chapter or a regulation prescribed, or an order, special 
permit, or approval issued, under this chapter, who thereby 
causes the release of hazardous material shall be fined under 
title 18, imprisoned for not more than 20 years, or both. 
‘‘(c) SEPARATE VIOLATIONS.—A separate violation oc-
curs for each day the violation, committed by a person who 
transports or causes to be transported hazardous material, 
continues.’’. 
SEC. 4443. PREEMPTION. 
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5125(b)(2) is amended by striking ‘‘of 
Transportation’’. 
(b) PURPOSES.—Section 5125 is amended—
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(1) by redesignating subsections (a), (b), (c), (d), 
(e), (f), and (g) as subsections (b), (c), (d), (e), (f), 
(g), and (h), respectively; 
(2) by inserting before subsection (b), as so redes-
ignated, the following: 
‘‘(a) PURPOSES.—The Secretary shall exercise the au-
thority in this section— 
‘‘(1) to achieve uniform regulation of the trans-
portation of hazardous material; 
‘‘(2) to eliminate rules that are inconsistent with 
the regulations prescribed under this chapter; and 
‘‘(3) to otherwise promote the safe and efficient 
movement of hazardous material in commerce.’’; 
(3) by striking subsection (g), as redesignated; 
and 
(4) by redesignating subsection (h), as redesig-
nated, as subsection (g). 
(c) GENERAL PREEMPTION.—Section 5125(b), as re-
designated by subsection (b)(1) of this section, is further 
amended by striking ‘‘GENERAL.—Except as provided in 
subsection (b), (c), and (e)’’ and inserting ‘‘PREEMPTION 
GENERALLY.—Except as provided in subsections (c), (d), 
and (f)’’. 
(d) SUBSTANTIVE DIFFERENCES.—Section 5125(c), as 
so redesignated, is further amended—
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(1) in the matter preceding subparagraph (A) of 
paragraph (1), by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (d)’’; 
(2) by striking subparagraph (E) of paragraph 
(1) and inserting the following: 
‘‘(E) the manufacturing, designing, inspecting, 
testing, reconditioning, or repairing of a packaging or 
packaging component that is represented as qualified 
for use in transporting hazardous material in com-
merce.’’; and 
(3) by striking ‘‘prescribes after November 16, 
1990. However, the’’ in paragraph (2) and inserting 
‘‘prescribes. The’’. 
(e) DECISIONS ON PREEMPTION.—Section 5125(e), as 
so redesignated, is further amended by striking ‘‘subsection 
(a), (b)(1), or (c) of this section.’’ in the first sentence and 
inserting ‘‘subsection (b), (c)(1), or (d) of this section or 
section 5119(b) of this title.’’. 
(f) WAIVER OF PREEMPTION.—Section 5125(f), as so 
redesignated, is further amended by striking ‘‘subsection 
(a), (b)(1), or (c) of this section.’’ and inserting ‘‘subsection 
(b), (c)(1), or (d) of this section or section 5119(b) of this 
title.’’. 
(g) EMERGENCY WAIVER
OF PREEMPTION; ADDI-
TIONAL MATTERS.—Section 5125 is further amended—
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(1) by redesignating subsection (g), as redesig-
nated by subsection (b)(4) of this section, as sub-
section (j); and 
(2) by inserting after subsection (f), as redesig-
nated by subsection (b)(1) of this section, the fol-
lowing: 
‘‘(g) EMERGENCY WAIVER OF PREEMPTION.— 
‘‘(1) The Secretary may, upon a finding of good 
cause, waive the preemption of a requirement of a 
State, political subdivision of a State, or Indian tribe 
under this section without prior notice or an oppor-
tunity for public comment thereon. 
‘‘(2) For purposes of paragraph (1) of this sub-
section, good cause exists when— 
‘‘(A) there is a potential threat that haz-
ardous material being transported in commerce 
may be used in an attack on people or property; 
and 
‘‘(B) notice and an opportunity for public 
comment thereon are impracticable or contrary 
to the public interest. 
‘‘(3)(A) A waiver of preemption under para-
graph (1) of this subsection shall be in effect for a pe-
riod specified by the Secretary, but not more than 6 
months.
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‘‘(B) If the Secretary determines before the expi-
ration of a waiver of preemption under subparagraph 
(A) of this paragraph that the potential threat pro-
viding the basis for the waiver continues to exist, the 
Secretary may, after providing notice and an oppor-
tunity for public comment thereon, extend the dura-
tion of the waiver for such period after the expiration 
of the waiver under that subparagraph as the Sec-
retary considers appropriate. 
‘‘(4) An action of the Secretary under paragraph 
(1) or (3) of this subsection shall be in writing and 
shall set forth the standards and procedures for seek-
ing reconsideration of the action. 
‘‘(5) After taking action under paragraph (1) or 
(3) of this subsection, the Secretary shall provide for 
review of the action if a petition for review of the ac-
tion is filed within 20 calendar days after the date 
of the action. 
‘‘(6) If a petition for review of an action is filed 
under paragraph (5) of this subsection and review of 
the action is not completed by the end of the 30-day 
period beginning on the date the petition is filed, the 
waiver under this subsection shall cease to be effective 
at the end of such period unless the Secretary deter-
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mines, in writing, that the potential threat providing 
the basis for the waiver continues. 
‘‘(h) APPLICATION
OF EACH PREEMPTION STAND-
ARD.—Each standard for preemption in subsection (b), 
(c)(1), or (d) of this section, and in section 5119(b) of this 
title, is independent in its application to a requirement of 
a State, political subdivision of a State, or Indian tribe. 
‘‘(i) NON-FEDERAL
ENFORCEMENT
STANDARDS.— 
This section does not apply to any procedure, penalty, re-
quired mental state, or other standard utilized by a State, 
political subdivision of a State, or Indian tribe to enforce 
a requirement applicable to the transportation of hazardous 
material.’’. 
SEC. 4444. RELATIONSHIP TO OTHER LAWS. 
Section 5126 is amended— 
(1) by striking ‘‘or causes to be transported haz-
ardous material,’’ in subsection (a) and inserting 
‘‘hazardous material, or causes hazardous material to 
be transported,’’; 
(2) by striking ‘‘manufactures,’’ and all that fol-
lows through ‘‘or sells’’ in subsection (a) and inserting 
‘‘manufactures, designs, inspects, tests, reconditions, 
marks, or repairs a packaging or packaging compo-
nent that is represented’’;
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(3) by striking ‘‘must’’ in subsection (a) and in-
serting ‘‘shall’’; 
(4) by striking ‘‘manufacturing,’’ in subsection 
(a) and all that follows through ‘‘testing’’ and insert-
ing ‘‘manufacturing, designing, inspecting, testing, 
reconditioning, marking, or repairing’’; and 
(5) by striking ‘‘39.’’ in subsection (b)(2) and in-
serting ‘‘39, except in the case of an imminent haz-
ard.’’. 
SEC. 4445. JUDICIAL REVIEW. 
(a) IN GENERAL.—Chapter 51 is amended— 
(1) by redesignating section 5127 as section 
5128; and 
(2) by inserting after section 5126 the following: 
‘‘§ 5127. Judicial review 
‘‘(a) FILING AND VENUE.—Except as provided in sec-
tion 20114(c) of this title, a person suffering legal wrong 
or 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 of the United 
States for the circuit in which the person or resides or has 
the principal place of business. The petition shall be filed 
not more than 60 days after the action of the Secretary be-
comes final.
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‘‘(b) PROCEDURES.—When a petition on a final action 
is filed under subsection (a) of this section, the clerk of the 
court shall immediately 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 
provided in section 2112 of title 28. 
‘‘(c) AUTHORITY OF COURT.—The court in which a pe-
tition on a final action is filed under subsection (a) of this 
section has exclusive jurisdiction, as provided in subchapter 
II of chapter 5 of title 5 to affirm or set aside any part 
of the final action and may order the Secretary to conduct 
further proceedings. Findings of fact by the Secretary, if 
supported by substantial evidence, are conclusive. 
‘‘(d) REQUIREMENT FOR PRIOR OBJECTIONS.—In re-
viewing a final action under this section, the court may 
consider an objection to the final action only if— 
‘‘(1) the objection was made in the course of a 
proceeding or review conducted by the Secretary; or 
‘‘(2) there was a reasonable ground for not mak-
ing the objection in the proceeding.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 51 is amended by striking the item relating to sec-
tion 5127 and inserting the following: 
‘‘5127. Judicial review. 
‘‘5128. Authorization of appropriations.’’.
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SEC. 4446. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128, as redesignated by section 4445 of this 
title, is amended to read as follows: 
‘‘§ 5128. Authorization of appropriations 
‘‘(a) GENERAL.—In order to carry out this chapter 
(except sections 5107(e), 5108(g), 5112, 5113, 5115, 5116, 
and 5119 of this title), the following amounts are authorized 
to be appropriated to the Secretary: 
‘‘(1) For fiscal year 2004, not more than 
$24,981,000. 
‘‘(2) For fiscal year 2005, not more than 
$27,000,000. 
‘‘(3) For fiscal year 2006, not more than 
$29,000,000. 
‘‘(4) For each of fiscal years 2007 through 2009, 
not more than $30,000,000. 
‘‘(b) EMERGENCY PREPAREDNESS FUND.—There shall 
be available from the Emergency Preparedness Fund under 
section 5116(i) of this title, amounts as follows: 
‘‘(1) To carry out section 5107(e) of this title, 
$4,000,000 for each of fiscal years 2004 through 2009. 
‘‘(2) To carry out section 5115 of this title, 
$200,000 for each of fiscal years 2004 through 2009. 
‘‘(3) To carry out section 5116(a) of this title, 
$8,000,000 for each of fiscal years 2004 through 2009.
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‘‘(4) To carry out section 5116(b) of this title, 
$13,800,000 for each of fiscal years 2004 through 
2009. 
‘‘(5) To carry out section 5116(f) of this title, 
$150,000 for each of fiscal years 2004 through 2009. 
‘‘(6) To carry out section 5116(i)(4) of this title, 
$150,000 for each of fiscal years 2004 through 2009. 
‘‘(7) To carry out section 5116(j) of this title, 
$1,000,000 for each of fiscal years 2004 through 2009. 
‘‘(8) To publish and distribute an emergency re-
sponse guidebook under section 5116(i)(3) of title 49, 
United States Code, $500,000 for each of fiscal years 
2004 through 2009. 
‘‘(c) SECTION 5121 REPORTS.—There are authorized 
to be appropriated to the Secretary of Transportation for 
the use of the Bureau of Transportation Statistics such 
sums as may be necessary to carry out section 5121(h) of 
this title.’’. 
‘‘(d) CREDIT
TO APPROPRIATIONS.—The Secretary 
may credit to any appropriation to carry out this chapter 
an amount received from a State, political subdivision of 
a State, Indian tribe, or other public authority or private 
entity for expenses the Secretary incurs in providing train-
ing to the State, political subdivision, Indian tribe, or other 
authority or entity.
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‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts available 
under subsections (a) and (b) of this section shall remain 
available until expended.’’. 
SEC. 4447. ADDITIONAL CIVIL AND CRIMINAL PENALTIES. 
(a) TITLE 49 PENALTIES.—Section 46312 is amend-
ed— 
(1) by striking ‘‘part—’’ in subsection (a) and 
inserting ‘‘part or chapter 51 of this title—’’; and 
(2) by inserting ‘‘or chapter 51 of this title’’ in 
subsection (b) after ‘‘under this part’’. 
(b) TITLE 18 PENALTIES.—Section 3663(a)(1)(A) of 
title 18, United States Code, is amended by inserting 
‘‘5124,’’ before ‘‘46312,’’. 
PART II—OTHER MATTERS 
SEC. 4461. ADMINISTRATIVE AUTHORITY FOR RESEARCH 
AND SPECIAL PROGRAMS ADMINISTRATION. 
Section 112 is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) ADMINISTRATIVE AUTHORITIES.— 
‘‘(1) GRANTS, COOPERATIVE AGREEMENTS, AND 
OTHER
TRANSACTIONS.—The Administrator may 
enter into grants, cooperative agreements, and other
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transactions with Federal agencies, State and local 
government agencies, other public entities, private or-
ganizations, and other persons— 
‘‘(A) to conduct research into transportation 
service and infrastructure assurance; and 
‘‘(B) to carry out other research activities of 
the Administration. 
‘‘(2) LIMITATION ON DISCLOSURE OF CERTAIN 
INFORMATION.— 
‘‘(A) LIMITATION.—If the Administrator de-
termines that particular information developed 
in research sponsored by the Administration 
may reveal a systemic vulnerability of transpor-
tation service or infrastructure, such information 
may be disclosed only to— 
‘‘(i) a person responsible for the secu-
rity of the transportation service or infra-
structure; or 
‘‘(ii) a person responsible for pro-
tecting public safety; or 
‘‘(iii) an officer, employee, or agent of 
the Federal Government, or a State or local 
government, who, as determined by the Ad-
ministrator, has need for such information 
in the performance of official duties.
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‘‘(B) TREATMENT
OF
RELEASE.—The re-
lease of information under subparagraph (A) 
shall not be treated as a release to the public for 
purposes of section 552 of title 5.’’. 
SEC. 4462. MAILABILITY OF HAZARDOUS MATERIALS. 
(a) NONMAILABILITY GENERALLY.—Section 3001 of 
title 39, United States Code, is amended— 
(1) by redesignating subsection (n) as subsection 
(o); and 
(2) by inserting after subsection (m) the fol-
lowing: 
‘‘(n)(1) Except as otherwise authorized by law or regu-
lations of the Postal Service under section 3018 of this title, 
hazardous material is nonmailable. 
‘‘(2) In this subsection, the term ‘hazardous material’ 
means a substance or material designated by the Secretary 
of Transportation as hazardous material under section 
5103(a) of title 49.’’. 
(b) MAILABILITY.— 
(1) IN GENERAL.—Chapter 30 of title 39, United 
States Code, is amended by adding at the end the fol-
lowing:
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‘‘§ 3018. Hazardous material 
‘‘(a) IN GENERAL.—The Postal Service shall prescribe 
regulations for the safe transportation of hazardous mate-
rial in the mails. 
‘‘(b) PROHIBITIONS.—No person may— 
‘‘(1) mail or cause to be mailed hazardous mate-
rial that has been declared by statute or Postal Serv-
ice regulation to be nonmailable; 
‘‘(2) mail or cause to be mailed hazardous mate-
rial in violation of any statute or Postal Service reg-
ulation restricting the time, place, or manner in 
which hazardous material may be mailed; or 
‘‘(3) manufacture, distribute, or sell any con-
tainer, packaging kit, or similar device that— 
‘‘(A) is represented, marked, certified, or 
sold by such person for use in the mailing of 
hazardous material; and 
‘‘(B) fails to conform with any statute or 
Postal Service regulation setting forth standards 
for a container, packaging kit, or similar device 
used for the mailing of hazardous material. 
‘‘(c) CIVIL PENALTY.— 
‘‘(1) IN GENERAL.—A person who knowingly vio-
lates this section or a regulation prescribed under this 
section shall be liable to the Postal Service for—
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‘‘(A) a civil penalty of at least $250, but 
not more than $100,000, for each violation; 
‘‘(B) the costs of any clean-up associated 
with such violation; and 
‘‘(C) damages. 
‘‘(2) KNOWING
ACTION.—A person acts know-
ingly for purposes of paragraph (1) when— 
‘‘(A) the person has actual knowledge of the 
facts giving rise to the violation; or 
‘‘(B) a reasonable person acting in the cir-
cumstances and exercising reasonable care would 
have had that knowledge. 
‘‘(3) KNOWLEDGE OF STATUTE OR REGULATION 
NOT ELEMENT OF OFFENSE.—Knowledge of the exist-
ence of a statutory provision or Postal Service regula-
tion is not an element of an offense under this sub-
section. 
‘‘(4) SEPARATE VIOLATIONS.— 
‘‘(A) VIOLATIONS OVER TIME.—A separate 
violation under this subsection occurs for each 
day hazardous material, mailed or cause to be 
mailed in noncompliance with this section, is in 
the mail. 
‘‘(B) SEPARATE ITEMS.—A separate viola-
tion under this subsection occurs for each item
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containing hazardous material that is mailed or 
caused to be mailed in noncompliance with this 
section. 
‘‘(d) HEARINGS.—The Postal Service may determine 
that a person has violated this section or a regulation pre-
scribed under this section only after notice and an oppor-
tunity for a hearing. 
‘‘(e) PENALTY CONSIDERATIONS.—In determining the 
amount of a civil penalty for a violation of this section, 
the Postal Service shall consider— 
‘‘(1) the nature, circumstances, extent, and grav-
ity of the violation; 
‘‘(2) with respect to the person who committed 
the violation, the degree of culpability, any history of 
prior violations, the ability to pay, and any effect on 
the ability to continue in business; 
‘‘(3) the impact on Postal Service operations; 
and 
‘‘(4) any other matters that justice requires. 
‘‘(f) CIVIL ACTIONS TO COLLECT.— 
‘‘(1) IN GENERAL.—In accordance with section 
4409(d) of this title, a civil action may be commenced 
in an appropriate district court of the United States 
to collect a civil penalty, clean-up costs, and damages 
assessed under subsection (c).
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‘‘(2) LIMITATION.—In a civil action under para-
graph (1), the validity, amount, and appropriateness 
of the civil penalty, clean-up costs, and damages cov-
ered by the civil action shall not be subject to review. 
‘‘(3) COMPROMISE.—The Postal Service may 
compromise the amount a civil penalty, clean-up 
costs, and damages assessed under subsection (c) be-
fore commencing a civil action with respect to such 
civil penalty, clean-up costs, and damages under 
paragraph (1). 
‘‘(g) CIVIL JUDICIAL PENALTIES.— 
‘‘(1) IN GENERAL.—At the request of the Postal 
Service, the Attorney General may bring a civil ac-
tion in an appropriate district court of the United 
States to enforce this section or a regulation pre-
scribed under this section. 
‘‘(2) RELIEF.—The court in a civil action under 
paragraph (1) may award appropriate relief, includ-
ing a temporary or permanent injunction, civil pen-
alties as determined in accordance with this section, 
or punitive damages. 
‘‘(3) CONSTRUCTION.—A civil action under this 
subsection shall be in lieu of civil penalties for the 
same violation under subsection (c)(1)(A).
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‘‘(h) DEPOSIT OF AMOUNTS COLLECTED.—Amounts 
collected under this section shall be deposited into the Postal 
Service Fund under section 2003 of this title.’’. 
(2) CONFORMING
AMENDMENT.—The chapter 
analysis for chapter 30 of title 39, United States 
Code, is amended by adding at the end the following: 
‘‘3018. Hazardous material.’’. 
(c) CONFORMING AMENDMENT.—Section 2003(b) of 
title 39, United States Code, is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (7); 
(2) by striking ‘‘purposes.’’ in paragraph (8) 
and inserting ‘‘purposes; and’’; and 
(3) by adding at the end the following: 
‘‘(9) any amounts collected under section 3018 of 
this title.’’. 
SEC. 4463. CRIMINAL MATTERS. 
Section 845(a)(1) of title 18, United States Code, is 
amended by striking ‘‘which are regulated’’ and all that fol-
lows and inserting ‘‘that is subject to the authority of the 
Departments of Transportation and Homeland Security;’’. 
SEC. 4464. CARGO INSPECTION PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
may establish a program of random inspections of cargo 
at points of entry into the United States for the purpose 
of determining the extent to which undeclared hazardous
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material is being offered for transportation in commerce 
through such points of entry. 
(b) INSPECTIONS.—Under the program under sub-
section (a)— 
(1) an officer of the Department of Transpor-
tation who is not located at a point of entry into the 
United States may select at random cargo shipments 
at points of entry into the United States for inspec-
tion; and 
(2) an officer or employee of the Department 
may open and inspect each cargo shipment so selected 
for the purpose described in subsection (a). 
(c) COORDINATION.—The Secretary of Transportation 
shall coordinate any inspections under the program under 
subsection (a) with the Secretary of Homeland Security. 
(d) DISPOSITION OF HAZARDOUS MATERIALS.—The 
Secretary of Transportation shall provide for the appro-
priate handling and disposition of any hazardous material 
discovered pursuant to inspections under the program 
under subsection (a). 
SEC. 4465. INFORMATION ON HAZMAT REGISTRATIONS. 
The Administrator of the Department of Transpor-
tation’s Research and Special Programs Administration 
shall—
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(1) transmit current hazardous material reg-
istrant information to the Federal Motor Carrier 
Safety Administration to cross reference the reg-
istrant’s Federal motor carrier registration number; 
and 
(2) notify the Federal Motor Carrier Safety Ad-
ministration immediately, and provide a registrant’s 
United States Department of Transportation identi-
fication number to the Administration, whenever a 
new registrant registers to transport hazardous mate-
rials as a motor carrier. 
SEC. 4466. REPORT ON APPLYING HAZARDOUS MATERIALS 
REGULATIONS TO PERSONS WHO REJECT 
HAZARDOUS MATERIALS. 
Within 6 months after the date of enactment of this 
Act, the Secretary of Transportation shall complete an as-
sessment of the costs and benefits of subjecting persons who 
reject hazardous material for transportation in commerce 
to the hazardous materials laws and regulations. In com-
pleting this assessment, the Secretary shall— 
(1) estimate the number of affected employers 
and employees; 
(2) determine what actions would be required by 
them to comply with such laws and regulations; and
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(3) consider whether and to what extent the ap-
plication of Federal hazardous materials laws and 
regulations should be limited to— 
(A) particular modes of transportation; 
(B) certain categories of employees; or 
(C) certain classes or categories of haz-
ardous materials. 
PART III—SANITARY FOOD TRANSPORTATION 
SEC. 4481. SHORT TITLE. 
This part may be cited as the ‘‘Sanitary Food Trans-
portation Act of 2004’’. 
SEC. 4482. RESPONSIBILITIES OF THE SECRETARY OF 
HEALTH AND HUMAN SERVICES. 
(a) UNSANITARY TRANSPORT DEEMED ADULTERA-
TION.—Section 402 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 342) is amended by adding at the 
end the following: 
‘‘(i) NONCOMPLIANCE WITH SANITARY TRANSPOR-
TATION PRACTICES.—If the food is transported under con-
ditions that are not in compliance with the sanitary trans-
portation practices prescribed by the Secretary under sec-
tion 416.’’. 
(b) SANITARY TRANSPORTATION REQUIREMENTS.— 
Chapter IV of the Federal Food, Drug, and Cosmetic Act
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(21 U.S.C. 341 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 416. SANITARY TRANSPORTATION PRACTICES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BULK VEHICLE.—The term ‘bulk vehicle’ in-
cludes a tank truck, hopper truck, rail tank car, hop-
per car, cargo tank, portable tank, freight container, 
or hopper bin, and any other vehicle in which food 
is shipped in bulk, with the food coming into direct 
contact with the vehicle. 
‘‘(2) TRANSPORTATION.—The term ‘transpor-
tation’ means any movement in commerce by motor 
vehicle or rail vehicle. 
‘‘(b) REGULATIONS.—The Secretary shall by regula-
tion require shippers, carriers by motor vehicle or rail vehi-
cle, receivers, and other persons engaged in the transpor-
tation of food to use sanitary transportation practices pre-
scribed by the Secretary to ensure that food is not trans-
ported under conditions that may render the food adulter-
ated. 
‘‘(c) CONTENTS.—The regulations shall— 
‘‘(1) prescribe such practices as the Secretary de-
termines to be appropriate relating to— 
‘‘(A) sanitation;
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‘‘(B) packaging, isolation, and other protec-
tive measures; 
‘‘(C) limitations on the use of vehicles; 
‘‘(D) information to be disclosed— 
‘‘(i) to a carrier by a person arranging 
for the transport of food; and 
‘‘(ii) to a manufacturer or other person 
that— 
‘‘(I) arranges for the transpor-
tation of food by a carrier; or 
‘‘(II) furnishes a tank vehicle or 
bulk vehicle for the transportation of 
food; and 
‘‘(E) recordkeeping; and 
‘‘(2) include— 
‘‘(A) a list of nonfood products that the Sec-
retary determines may, if shipped in a bulk ve-
hicle, render adulterated food that is subse-
quently transported in the same vehicle; and 
‘‘(B) a list of nonfood products that the Sec-
retary determines may, if shipped in a motor ve-
hicle or rail vehicle (other than a tank vehicle or 
bulk vehicle), render adulterated food that is si-
multaneously or subsequently transported in the 
same vehicle.
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‘‘(d) WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary may waive 
any requirement under this section, with respect to 
any class of persons, vehicles, food, or nonfood prod-
ucts, if the Secretary determines that the waiver— 
‘‘(A) will not result in the transportation of 
food under conditions that would be unsafe for 
human or animal health; and 
‘‘(B) will not be contrary to the public in-
terest. 
‘‘(2) PUBLICATION.—The Secretary shall publish 
in the Federal Register any waiver and the reasons 
for the waiver. 
‘‘(e) PREEMPTION.— 
‘‘(1) IN GENERAL.—No State or political sub-
division of a State may directly or indirectly estab-
lish or continue in effect, as to any food in interstate 
commerce, any authority or requirement concerning 
transportation of food that is not identical to an au-
thority or requirement under this section. 
‘‘(2) APPLICABILITY.—This subsection applies to 
transportation that occurs on or after the effective 
date of the regulations promulgated under subsection 
(b).
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‘‘(f) ASSISTANCE
OF OTHER AGENCIES.—The Sec-
retary of Transportation, the Secretary of Agriculture, the 
Administrator of the Environmental Protection Agency, 
and the heads of other Federal agencies, as appropriate, 
shall provide assistance on request, to the extent resources 
are available, to the Secretary for the purposes of carrying 
out this section.’’. 
(c) INSPECTION OF TRANSPORTATION RECORDS.— 
(1) REQUIREMENT.—Section 703 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 373) is 
amended— 
(A) by striking the section heading and all 
that follows through ‘‘For the purpose’’ and in-
serting the following: 
‘‘SEC. 703. RECORDS. 
‘‘(a) IN GENERAL.—For the purpose’’; and 
(B) by adding at the end the following: 
‘‘(b) FOOD TRANSPORTATION RECORDS.—A shipper, 
carrier by motor vehicle or rail vehicle, receiver, or other 
person subject to section 416 shall, on request of an officer 
or employee designated by the Secretary, permit the officer 
or employee, at reasonable times, to have access to and to 
copy all records that the Secretary requires to be kept under 
section 416(c)(1)(E).’’.
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(2) CONFORMING AMENDMENT.—Subsection (a) 
of section 703 of the Federal Food, Drug, and Cos-
metic Act (as designated by paragraph (1)(A)) is 
amended by striking ‘‘carriers.’’ and inserting ‘‘car-
riers, except as provided in subsection (b)’’. 
(d) PROHIBITED ACTS.— 
(1) RECORDS INSPECTION.—Section 301(e) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
331(e)) is amended by inserting ‘‘416,’’ before ‘‘504,’’ 
each place it appears. 
(2) UNSAFE
FOOD
TRANSPORTATION.—Section 
301 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 331) is amended by adding at the end the fol-
lowing: 
‘‘(hh) NONCOMPLIANCE WITH SANITARY TRANSPOR-
TATION PRACTICES.—The failure by a shipper, carrier by 
motor vehicle or rail vehicle, receiver, or any other person 
engaged in the transportation of food to comply with the 
sanitary transportation practices prescribed by the Sec-
retary under section 416.’’. 
SEC. 4483. DEPARTMENT OF TRANSPORTATION REQUIRE-
MENTS. 
Chapter 57, is amended to read as follows:
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‘‘CHAPTER 57—SANITARY FOOD 
TRANSPORTATION 
‘‘Sec. 
‘‘5701. Food transportation safety inspections. 
‘‘§ 5701. Food transportation safety inspections 
‘‘(a) INSPECTION PROCEDURES.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the Secretary of Health 
and Human Services and the Secretary of Agri-
culture, shall— 
‘‘(A) establish procedures for transportation 
safety inspections for the purpose of identifying 
suspected incidents of contamination or adulter-
ation of— 
‘‘(i) food in violation of regulations 
promulgated under section 416 of the Fed-
eral Food, Drug, and Cosmetic Act; and 
‘‘(ii) meat subject to detention under 
section 402 of the Federal Meat Inspection 
Act (21 U.S.C. 672); and 
‘‘(iii) poultry products subject to deten-
tion under section 19 of the Poultry Prod-
ucts Inspection Act (21 U.S.C. 467a); and 
‘‘(B) train personnel of the Department of 
Transportation in the appropriate use of the 
procedures.
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‘‘(2) APPLICABILITY.—The procedures established 
under paragraph (1) of this subsection shall apply, at 
a minimum, to Department of Transportation per-
sonnel that perform commercial motor vehicle or rail-
road safety inspections. 
‘‘(b) NOTIFICATION OF SECRETARY OF HEALTH AND 
HUMAN SERVICES OR SECRETARY OF AGRICULTURE.—The 
Secretary of Transportation shall promptly notify the Sec-
retary of Health and Human Services or the Secretary of 
Agriculture, as applicable, of any instances of potential food 
contamination or adulteration of a food identified during 
transportation safety inspections. 
‘‘(c) USE
OF STATE EMPLOYEES.—The means by 
which the Secretary of Transportation carries out sub-
section (b) of this section may include inspections conducted 
by State employees using funds authorized to be appro-
priated under sections 31102 through 31104 of this title.’’. 
SEC. 4484. EFFECTIVE DATE. 
This part takes effect on October 1, 2003. 
Subtitle E—Recreational Boating 
Safety Programs 
SEC. 4501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Sport Fishing and 
Recreational Boating Safety Act’’.
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PART I—FEDERAL AID IN SPORT FISH 
RESTORATION ACT AMENDMENTS 
SEC. 4521. AMENDMENT OF FEDERAL AID IN FISH RESTORA-
TION ACT. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of the Act entitled ‘‘An Act to provide 
that the United States shall aid the States in fish restora-
tion and management projects, and for other purposes,’’ ap-
proved August 9, 1950 (64 Stat. 430; 16 U.S.C. 777 et seq.). 
SEC. 4522. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 3 (16 U.S.C. 777b) is 
amended— 
(1) by striking ‘‘the succeeding fiscal year.’’ in 
the third sentence and inserting ‘‘succeeding fiscal 
years.’’; and 
(2) by striking ‘‘in carrying on the research pro-
gram of the Fish and Wildlife Service in respect to 
fish of material value for sport and recreation.’’ and 
inserting ‘‘to supplement the 55.3 percent of each an-
nual appropriation to be apportioned among the 
States, as provided for in section 4(b) of this title.’’. 
(b) CONFORMING AMENDMENTS.—
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(1) IN GENERAL.—Section 3 of the Dingell-John-
son Sport Fish Restoration Act (16 U.S.C. 777b) is 
amended in the first sentence— 
(A) by striking ‘‘Sport Fish Restoration Ac-
count’’ and inserting ‘‘Sport Fish Restoration 
Trust Fund’’; and 
(B) by striking ‘‘that Account’’ and insert-
ing ‘‘that Trust Fund, except as provided in sec-
tion 9504(c) of the Internal Revenue Code of 
1986’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) take effect on October 1, 2004. 
SEC. 4523. DIVISION OF ANNUAL APPROPRIATIONS. 
Section 4 (16 U.S.C. 777c) is amended— 
(1) by striking subsections (a) through (d) and 
redesignating subsections (e), (f), and (g) as sub-
sections (b), (c), and (d); 
(2) by inserting before subsection (b), as redesig-
nated, the following: 
‘‘(a) IN GENERAL.—For fiscal years 2004 through 
2009, each annual appropriation made in accordance with 
the provisions of section 3 of this title shall be distributed 
as follows: 
‘‘(1) COASTAL
WETLANDS.—18 percent to the 
Secretary of the Interior for distribution as provided
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in the Coastal Wetlands Planning, Protection, and 
Restoration Act (16 U.S.C. 3951 et seq.). 
‘‘(2) BOATING SAFETY.—18 percent to the Sec-
retary of Homeland Security for State recreational 
boating safety programs under section 13106 of title 
46, United States Code. 
‘‘(3) CLEAN
VESSEL
ACT.—1.9 percent to the 
Secretary of the Interior for qualified projects under 
section 5604(c) of the Clean Vessel Act of 1992 (33 
U.S.C. 1322 note). 
‘‘(4) BOATING INFRASTRUCTURE.—1.9 percent to 
the Secretary of the Interior for obligation for quali-
fied projects under section 7404(d) of the Sportfishing 
and Boating Safety Act of 1998 (16 U.S.C. 777g– 
1(d)). 
‘‘(5) NATIONAL
OUTREACH
AND
COMMUNICA-
TIONS.—1.9 percent to the Secretary of the Interior 
for the National Outreach and Communications Pro-
gram under section 8(d) of this title. Such amounts 
shall remain available for 3 fiscal years, after which 
any portion thereof that is unobligated by the Sec-
retary for that program may be expended by the Sec-
retary under subsection (b) of this section. 
‘‘(6) SET-ASIDE FOR EXPENSES FOR ADMINIS-
TRATION OF THIS CHAPTER.—
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‘‘(A) IN GENERAL.—2.1 percent to the Sec-
retary of the Interior for expenses for adminis-
tration incurred in implementation of this title, 
in accordance with this section, section 9, and 
section 14 of this title. 
‘‘(B) APPORTIONMENT
OF
UNOBLIGATED 
FUNDS.—If any portion of the amount made 
available to the Secretary under subparagraph 
(A) remains unexpended and unobligated at the 
end of a fiscal year, that portion shall be appor-
tioned among the States, on the same basis and 
in the same manner as other amounts made 
available under this title are apportioned among 
the States under subsection (b) of this section, 
within 60 days after the end of that fiscal year. 
Any amount apportioned among the States 
under this subparagraph shall be in addition to 
any amounts otherwise available for apportion-
ment among the States under subsection (b) for 
the fiscal year.’’; 
(3) by striking ‘‘of the Interior, after the dis-
tribution, transfer, use, and deduction under sub-
sections (a), (b), (c), and (d), respectively, and after 
deducting amounts used for grants under section 14, 
shall apportion the remainder’’ in subsection (b), as
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HR 3550 EAS 
redesignated, and inserting ‘‘shall apportion 55.3 per-
cent’’; 
(4) by striking ‘‘per centum’’ each place it ap-
pears in subsection (b), as redesignated, and inserting 
‘‘percent’’; 
(5) by striking ‘‘subsections (a), (b)(3)(A), 
(b)(3)(B), and (c)’’ in paragraph (1) of subsection 
(d), as redesignated, and inserting ‘‘paragraphs (1), 
(3), (4), and (5) of subsection (a)’’; and 
(6) by adding at the end the following: 
‘‘(e) TRANSFER OF CERTAIN FUNDS.—Amounts avail-
able under paragraphs (3) and (4) of subsection (a) that 
are unobligated by the Secretary after 3 fiscal years shall 
be transferred to the Secretary of Homeland Security and 
shall be expended for State recreational boating safety pro-
grams under section 13106(a) of title 46, United States 
Code.’’. 
SEC. 4524. MAINTENANCE OF PROJECTS. 
Section 8 (16 U.S.C. 777g) is amended— 
(1) by striking ‘‘in carrying out the research 
program of the Fish and Wildlife Service in respect 
to fish of material value for sport or recreation.’’ in 
subsection (b)(2) and inserting ‘‘to supplement the 
55.3 percent of each annual appropriation to be ap-
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HR 3550 EAS 
portioned among the States under section 4(b) of this 
title.’’; and 
(2) by striking ‘‘subsection (c) or (d) of section 
4’’ in subsection (d)(3) and inserting ‘‘paragraph (5) 
or (6) of section 4(a)’’. 
SEC. 4525. BOATING INFRASTRUCTURE. 
Section 7404(d)(1) of the Sportfishing and Boating 
Safety Act of 1998 (16 U.S.C. 777g-1(d)(1)) is amended by 
striking ‘‘section 4(b)(3)(B)’’ and inserting ‘‘section 
4(a)(4)’’. 
SEC. 
4526. 
REQUIREMENTS 
AND 
RESTRICTIONS 
CON-
CERNING USE OF AMOUNTS FOR EXPENSES 
FOR ADMINISTRATION. 
Section 9 (16 U.S.C. 777h) is amended— 
(1) by striking ‘‘section 4(d)(1)’’ in subsection 
(a) and inserting ‘‘section 4(a)(6)’’; and 
(2) by striking ‘‘section 4(d)(1)’’ in subsection 
(b)(1) and inserting ‘‘section 4(a)(6)’’. 
SEC. 4527. PAYMENTS OF FUNDS TO AND COOPERATION 
WITH PUERTO RICO, THE DISTRICT OF CO-
LUMBIA, GUAM, AMERICAN SAMOA, THE COM-
MONWEALTH OF THE NORTHERN MARIANA 
ISLANDS, AND THE VIRGIN ISLANDS. 
Section 12 (16 U.S.C. 777k) is amended by striking 
‘‘in carrying on the research program of the Fish and Wild-
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life Service in respect to fish of material value for sport 
or recreation.’’ and inserting ‘‘to supplement the 55.3 per-
cent of each annual appropriation to be apportioned among 
the States under section 4(b) of this title.’’. 
SEC. 4528. MULTISTATE CONSERVATION GRANT PROGRAM. 
Section 14 (16 U.S.C. 777m) is amended— 
(1) by striking so much of subsection (a) as pre-
cedes paragraph (2) and inserting the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) AMOUNT FOR GRANTS.—For each of fiscal 
years 2004 through 2009, 0.9 percent of each annual 
appropriation made in accordance with the provi-
sions of section 3 of this title shall be distributed to 
the Secretary of the Interior for making multistate 
conservation project grants in accordance with this 
section.’’; 
(2) by striking ‘‘section 4(e)’’ each place it ap-
pears in subsection (a)(2)(B) and inserting ‘‘section 
4(b)’’; and 
(3) by striking ‘‘Of the balance of each annual 
appropriation made under section 3 remaining after 
the distribution and use under subsections (a), (b), 
and (c) of section 4 for each fiscal year and after de-
ducting amounts used for grants under subsection 
(a)—’’ in subsection (e) and inserting ‘‘Of amounts
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made available under section 4(a)(6) for each fiscal 
year—’’. 
PART II—CLEAN VESSEL ACT AMENDMENTS 
SEC. 4541. GRANT PROGRAM. 
Section 5604(c)(2) of the Clean Vessel Act of 1992 (33 
U.S.C. 1322 note) is amended— 
(1) by striking subparagraph (A); and 
(2) by redesignating subparagraphs (B) and (C) 
as subparagraphs (A) and (B), respectively. 
PART III—RECREATIONAL BOATING SAFETY 
PROGRAM AMENDMENTS 
SEC. 4561. STATE MATCHING FUNDS REQUIREMENT. 
Section 13103(b) of title 46, United States Code, is 
amended by striking ‘‘one-half’’ and inserting ‘‘75 percent’’. 
SEC. 4562. AVAILABILITY OF ALLOCATIONS. 
Section 13104(a) of title 46, United States Code, is 
amended— 
(1) by striking ‘‘2 years’’ in paragraph (1) and 
inserting ‘‘3 years’’; and 
(2) by striking ‘‘2-year’’ in paragraph (2) and 
inserting ‘‘3-year’’.
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SEC. 4563. AUTHORIZATION OF APPROPRIATIONS FOR 
STATE RECREATIONAL BOATING SAFETY PRO-
GRAMS. 
Section 13106(c) of title 46, United States Code, is 
amended— 
(1) by striking ‘‘Secretary of Transportation 
under paragraphs (2) and (3) of section 4(b)’’ and in-
serting ‘‘Secretary under subsections (a)(2) and (e) of 
section 4’’; and 
(2) by inserting ‘‘a minimum of’’ before 
‘‘$2,083,333’’. 
SEC. 4564. MAINTENANCE OF EFFORT FOR STATE REC-
REATIONAL BOATING SAFETY PROGRAMS. 
(a) IN GENERAL.—Chapter 131 of title 46, United 
States Code, is amended by inserting after section 13106 
the following: 
‘‘§ 13107. Maintenance of effort for State recreational 
boating safety programs 
‘‘(a) IN GENERAL.—The amount payable to a State 
for a fiscal year from an allocation under section 13103 
of this chapter shall be reduced if the usual amounts ex-
pended by the State for the State’s recreational boating safe-
ty program, as determined under section 13105 of this 
chapter, for the previous fiscal year is less than the average 
of the total of such expenditures for the 3 fiscal years imme-
diately preceding that previous fiscal year. The reduction
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shall be proportionate, as a percentage, to the amount by 
which the level of State expenditures for such previous fiscal 
year is less than the average of the total of such expenditures 
for the 3 fiscal years immediately preceding that previous 
fiscal year. 
‘‘(b) REDUCTION
OF
THRESHHOLD.—If the total 
amount available for allocation and distribution under this 
chapter in a fiscal year for all participating State rec-
reational boating safety programs is less than such amount 
for the preceding fiscal year, the level of State expenditures 
required under subsection (a) of this section for the pre-
ceding fiscal year shall be decreased proportionately. 
‘‘(c) WAIVER.— 
‘‘(1) IN GENERAL.—Upon the written request of 
a State, the Secretary may waive the provisions of 
subsection (a) of this section for 1 fiscal year if the 
Secretary determines that a reduction in expenditures 
for the State’s recreational boating safety program is 
attributable to a non- selective reduction in expendi-
tures for the programs of all Executive branch agen-
cies of the State government, or for other reasons if 
the State demonstrates to the Secretary’s satisfaction 
that such waiver is warranted.
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‘‘(2) 30-DAY DECISION.—The Secretary shall ap-
prove or deny a request for a waiver not later than 
30 days after the date the request is received.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 131 of title 46, United States Code, is amended 
by inserting after the item relating to section 13106 the fol-
lowing: 
‘‘13107. Maintenance of effort for State recreational boating safety programs.’’. 
PART IV—MISCELLANEOUS 
SEC. 4581. TECHNICAL CORRECTION TO HOMELAND SECU-
RITY ACT. 
Section 1511(e)(2) of the Homeland Security Act of 
2002 (Pub. L. 107-296) is amended by striking ‘‘and to any 
funds provided to the Coast Guard from the Aquatic Re-
sources Trust Fund of the Highway Trust Fund for boating 
safety programs.’’ and inserting ‘‘and any funds provided 
to the Coast Guard from the Highway Trust Fund and 
transferred into the Sport Fish Restoration Account of the 
Aquatic Resources Trust Fund for boating safety pro-
grams.’’. 
Subtitle F—Rail Transportation 
PART I—AMTRAK 
SEC. 4601. AUTHORIZATION OF APPROPRIATIONS. 
The text of section 24104 of title 49, United States 
Code, is amended to read as follows:
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‘‘There are authorized to be appropriated to the Sec-
retary of Transportation $2,000,000,000 for each of fiscal 
years 2004, 2005, 2006, 2007, 2008, and 2009 for the ben-
efit of Amtrak for operating expenses.’’. 
SEC. 4602. ESTABLISHMENT OF BUILD AMERICA CORPORA-
TION. 
There is established a nonprofit corporation, to be 
known as the ‘‘Build America Corporation’’. The Build 
America Corporation is not an agency or establishment of 
the United States Government. The purpose of the Corpora-
tion is to support qualified projects described in section 
4603(c)(2) through the issuance of Build America bonds. 
The Corporation shall be subject, to the extent consistent 
with this section, to the laws of the State of Delaware appli-
cable to corporations not for profit. 
SEC. 4603. FEDERAL BONDS FOR TRANSPORTATION INFRA-
STRUCTURE. 
(a) USE OF BOND PROCEEDS.—The proceeds from the 
sale of— 
(1) any bonds authorized, issued, or guaranteed 
by the Federal Government that are available to fund 
passenger rail projects pursuant to any Federal law 
(enacted before, on, or after the date of the enactment 
of this Act), and
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(2) any Build America bonds issued by the 
Build America Corporation as authorized by section 
4602, 
may be used to fund a qualified project if the Secretary 
of Transportation determines that the qualified project is 
a cost-effective alternative for efficiently maximizing mobil-
ity of individuals and goods. 
(b) COMPLIANCE OF BENEFICIARIES WITH CERTAIN 
STANDARDS.—A recipient of proceeds of a grant, loan, Fed-
eral tax-credit bonds, or any other form of financial assist-
ance provided under this title shall comply with the stand-
ards described in section 24312 of title 49, United States 
Code, as in effect on June 25, 2003, with respect to any 
qualified project described in subsection (c)(1) in the same 
manner that the National Passenger Railroad Corporation 
is required to comply with such standards for construction 
work financed under an agreement entered into under sec-
tion 24308(a) of such title. 
(c) QUALIFIED PROJECT DEFINED.—In this section— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the term ‘‘qualified project’’ means any 
transportation infrastructure project of any govern-
mental unit or other person that is proposed by a 
State, including a highway project, a transit system
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project, a railroad project, an airport project, a port 
project, and an inland waterways project. 
(2) BUILD AMERICA CORPORATION PROJECTS.— 
(A) IN
GENERAL.—With respect to any 
Build America bonds issued by the Build Amer-
ica Corporation as authorized by section 4602, 
the term ‘‘qualified project’’ means any— 
(i) qualified highway project, 
(ii) qualified public transportation 
project, and 
(iii) congestion relief project, 
proposed by 1 or more States and approved by 
the Build America Corporation, which meets the 
requirements under clauses (i), (ii), and (iii) of 
subparagraph (D). 
(B) QUALIFIED
HIGHWAY
PROJECT.—The 
term ‘‘qualified highway project’’ means a 
project for highway facilities or other facilities 
which are eligible for assistance under title 23, 
United States Code. 
(C) QUALIFIED
PUBLIC
TRANSPORTATION 
PROJECT.—The term ‘‘qualified public transpor-
tation project’’ means a project for public trans-
portation facilities or other facilities which are
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eligible for assistance under chapter 53 of title 
49, United States Code. 
(D) CONGESTION
RELIEF
PROJECT.—The 
term ‘‘congestion relief project’’ means an inter-
modal freight transfer facility, freight rail facil-
ity, freight movement corridor, intercity pas-
senger rail or facility, intercity bus vehicle or fa-
cility, border crossing facility, or other public or 
private facility approved as a congestion relief 
project by the Secretary of Transportation. In 
making such approvals, the Secretary of Trans-
portation shall— 
(i) consider the economic, environ-
mental, mobility, and national security im-
provements to be realized through the 
project, and 
(ii) give preference to projects with na-
tional or regional significance, including 
any projects sponsored by a coalition of 
States or a combination of States and pri-
vate sector entities, in terms of generating 
economic benefits, supporting international 
commerce, or otherwise enhancing the na-
tional transportation system.
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(D) 
ADDITIONAL
REQUIREMENTS
FOR 
QUALIFIED
PROJECTS.—For purposes of sub-
paragraph (A)— 
(i) COSTS OF QUALIFIED PROJECTS.— 
The requirement of this clause is met if the 
costs of the qualified project funded by 
Build America bonds only relate to capital 
investments in depreciable assets and do not 
include any costs relating to operations, 
maintenance, or rolling stock. 
(ii) 
APPLICABILITY
OF
FEDERAL 
LAW.—The requirement of this clause is met 
if the requirements of any Federal law, in-
cluding titles 23, 40, and 49 of the United 
States Code, which would otherwise apply 
to projects to which the United States is a 
party or to funds made available under 
such law and projects assisted with those 
funds are applied to— 
(I) funds made available under 
Build America bonds for similar quali-
fied projects, and 
(II) similar qualified projects as-
sisted by the Build America Corpora-
tion through the use of such funds.
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(iii) UTILIZATION OF UPDATED CON-
STRUCTION
TECHNOLOGY
FOR
QUALIFIED 
PROJECTS.—The requirement of this clause 
is met if the appropriate State agency relat-
ing to the qualified project has updated its 
accepted construction technologies to match 
a list prescribed by the Secretary of Trans-
portation and in effect on the date of the 
approval of the project as a qualified 
project. 
PART II—RAILROAD TRACK MODERNIZATION 
SEC. 4631. SHORT TITLE. 
This part may be cited as the ‘‘Railroad Track Mod-
ernization Act of 2004’’. 
SEC. 4632. CAPITAL GRANTS FOR RAILROAD TRACK. 
(a) AUTHORITY.—Chapter 223 of title 49, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 223—CAPITAL GRANTS FOR 
RAILROAD TRACK 
‘‘Sec. 
‘‘22301. Capital grants for railroad track. 
‘‘§ 22301. Capital grants for railroad track 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
portation shall establish a program of capital grants 
for the rehabilitation, preservation, or improvement of
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railroad track (including roadbed, bridges, and re-
lated track structures) of class II and class III rail-
roads. Such grants shall be for rehabilitating, pre-
serving, or improving track used primarily for freight 
transportation to a standard ensuring that the track 
can be operated safely and efficiently, including 
grants for rehabilitating, preserving, or improving 
track to handle 286,000 pound rail cars. Grants may 
be provided under this chapter— 
‘‘(A) directly to the class II or class III 
railroad; or 
‘‘(B) with the concurrence of the class II or 
class III railroad, to a State or local govern-
ment. 
‘‘(2) STATE COOPERATION.—Class II and class 
III railroad applicants for a grant under this chapter 
are encouraged to utilize the expertise and assistance 
of State transportation agencies in applying for and 
administering such grants. State transportation agen-
cies are encouraged to provide such expertise and as-
sistance to such railroads. 
‘‘(3) REGULATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
prescribe regulations to carry out the program 
under this section.
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‘‘(B) CRITERIA.—In developing the regula-
tions, the Secretary shall establish criteria 
that— 
‘‘(i) condition the award of a grant to 
a railroad on reasonable assurances by the 
railroad that the facilities to be rehabili-
tated and improved will be economically 
and efficiently utilized; 
‘‘(ii) ensure that the award of a grant 
is justified by present and probable future 
demand for rail services by the railroad to 
which the grant is to be awarded; 
‘‘(iii) ensure that consideration is 
given to projects that are part of a State- 
sponsored rail plan; and 
‘‘(iv) ensure that all such grants are 
awarded on a competitive basis. 
‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum 
Federal share for carrying out a project under this section 
shall be 80 percent of the project cost. The non-Federal share 
may be provided by any non-Federal source in cash, equip-
ment, or supplies. Other in-kind contributions may be ap-
proved by the Secretary on a case by case basis consistent 
with this chapter.
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‘‘(c) PROJECT ELIGIBILITY.—For a project to be eligi-
ble for assistance under this section the track must have 
been operated or owned by a class II or class III railroad 
as of the date of the enactment of the Railroad Track Mod-
ernization Act of 2004. 
‘‘(d) USE OF FUNDS.—Grants provided under this sec-
tion shall be used to implement track capital projects as 
soon as possible. In no event shall grant funds be contrac-
tually obligated for a project later than the end of the third 
Federal fiscal year following the year in which the grant 
was awarded. Any funds not so obligated by the end of such 
fiscal year shall be returned to the Secretary for realloca-
tion. 
‘‘(e) ADDITIONAL PURPOSE.—In addition to making 
grants for projects as provided in subsection (a), the Sec-
retary may also make grants to supplement direct loans 
or loan guarantees made under title V of the Railroad Revi-
talization and Regulatory Reform Act of 1976 (45 U.S.C. 
822(d)), for projects described in the last sentence of section 
502(d) of such title. Grants made under this subsection may 
be used, in whole or in part, for paying credit risk pre-
miums, lowering rates of interest, or providing for a holi-
day on principal payments. 
‘‘(f) EMPLOYEE PROTECTION.—The Secretary shall re-
quire as a condition of any grant made under this section
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that the recipient railroad provide a fair arrangement at 
least as protective of the interests of employees who are af-
fected by the project to be funded with the grant as the terms 
imposed under section 11326(a), as in effect on the date 
of the enactment of the Railroad Track Modernization Act 
of 2001. 
‘‘(g) LABOR STANDARDS.— 
‘‘(1) PREVAILING WAGES.—The Secretary shall 
ensure that laborers and mechanics employed by con-
tractors and subcontractors in construction work fi-
nanced by a grant made under this section will be 
paid wages not less than those prevailing on similar 
construction in the locality, as determined by the Sec-
retary of Labor under the Act of March 3, 1931 
(known as the Davis-Bacon Act; 40 U.S.C. 276a et 
seq.). The Secretary shall make a grant under this 
section only after being assured that required labor 
standards will be maintained on the construction 
work. 
‘‘(2) WAGE RATES.—Wage rates in a collective 
bargaining agreement negotiated under the Railway 
Labor Act (45 U.S.C. 151 et seq.) are deemed for pur-
poses of this subsection to comply with the Act of 
March 3, 1931 (known as the Davis-Bacon Act; 40 
U.S.C. 276a et seq.).’’.
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(b) CONFORMING AMENDMENT.—The item relating to 
chapter 223 in the table of chapters of subtitle V of title 
49, United States Code, is amended to read as follows: 
‘‘223. CAPITAL GRANTS FOR RAILROAD TRACK ............................... 22301’’. 
SEC. 4633. REGULATIONS. 
(a) REGULATIONS.—The Secretary of Transporation 
shall prescribe under subsection (a)(3) of section 22301 of 
title 49, United States Code (as added by section 4601), 
interim and final regulations for the administration of the 
grant program under such section as follows: 
(1) INTERIM REGULATIONS.—The Secretary shall 
prescribe the interim regulations to implement the 
program not later than December 31, 2003. 
(2) FINAL REGULATIONS.—The Secretary shall 
prescribe the final regulations not later than October 
1, 2004. 
(b) INAPPLICABILITY OF RULEMAKING PROCEDURE TO 
INTERIM REGULATIONS.—Subchapter II of chapter 5 of 
title 5, United States Code, shall not apply to the issuance 
of an interim regulation or to any amendment of such an 
interim regulation. 
(c) CRITERIA.—The requirement for the establishment 
of criteria under subparagraph (B) of section 22301(a)(3) 
of title 49, United States Code, applies to the interim regu-
lations as well as to the final regulations.
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SEC. 4634. STUDY OF GRANT-FUNDED PROJECTS. 
(a) REQUIREMENT
FOR STUDY.—The Secretary of 
Transportation shall conduct a study of the projects carried 
out with grant assistance under section 22301 of title 49, 
United States Code (as added by section 4601), to determine 
the public interest benefits associated with the light density 
railroad networks in the States and their contribution to 
a multimodal transportation system. 
(b) REPORT.—Not later than March 31, 2004, the Sec-
retary shall submit to Congress a report on the results of 
the study under subsection (a). The report shall include any 
recommendations that the Secretary considers appropriate 
regarding the eligibility of light density rail networks for 
Federal infrastructure financing. 
SEC. 4635. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Transportation $350,000,000 for each of fiscal 
years 2004, 2005, and 2006 for carrying out section 22301 
of title 49, United States Code (as added by section 4601). 
PART III—OTHER RAIL TRANSPORTATION- 
RELATED PROVISIONS 
SEC. 4661. CAPITAL GRANTS FOR RAIL LINE RELOCATION 
PROJECTS. 
(a) ESTABLISHMENT OF PROGRAM.—
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(1) PROGRAM REQUIREMENTS.—Chapter 201 of 
title 49, United States Code, is amended by adding 
at the end of subchapter II the following: 
‘‘§ 20154. Capital grants for rail line relocation 
projects 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Transportation shall carry out a grant program to pro-
vide financial assistance for local rail line relocation 
projects. 
‘‘(b) ELIGIBILITY.—A State is eligible for a grant 
under this section for any project for the improvement of 
the route or structure of a rail line passing through a mu-
nicipality of the State that— 
‘‘(1) is carried out for the purpose of mitigating 
the adverse effects of rail traffic on safety, motor vehi-
cle traffic flow, or economic development in the mu-
nicipality; 
‘‘(2) involves a lateral or vertical relocation of 
any portion of the rail line within the municipality 
to avoid a closing of a grade crossing or the construc-
tion of a road underpass or overpass; and 
‘‘(3) meets the costs-benefits requirement set forth 
in subsection (c). 
‘‘(c) COSTS-BENEFITS REQUIREMENT.—A grant may 
be awarded under this section for a project for the relocation
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HR 3550 EAS 
of a rail line only if the benefits of the project for the period 
equal to the estimated economic life of the relocated rail line 
exceed the costs of the project for that period, as determined 
by the Secretary considering the following factors: 
‘‘(1) The effects of the rail line and the rail traf-
fic on motor vehicle and pedestrian traffic, safety, 
and area commerce if the rail line were not so relo-
cated. 
‘‘(2) The effects of the rail line, relocated as pro-
posed, on motor vehicle and pedestrian traffic, safety, 
and area commerce. 
‘‘(3) The effects of the rail line, relocated as pro-
posed, on the freight and passenger rail operations on 
the rail line. 
‘‘(d) CONSIDERATIONS FOR APPROVAL OF GRANT AP-
PLICATIONS.—In addition to considering the relationship 
of benefits to costs in determining whether to award a grant 
to an eligible State under this section, the Secretary shall 
consider the following factors: 
‘‘(1) The capability of the State to fund the rail 
line relocation project without Federal grant funding. 
‘‘(2) The requirement and limitation relating to 
allocation of grant funds provided in subsection (e). 
‘‘(3) Equitable treatment of the various regions 
of the United States.
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‘‘(e) ALLOCATION REQUIREMENTS.— 
‘‘(1) 
GRANTS
NOT
GREATER
THAN 
$20,000,000.—At least 50 percent of all grant funds 
awarded under this section out of funds appropriated 
for a fiscal year shall be provided as grant awards of 
not more than $20,000,000 each. 
‘‘(2) LIMITATION PER PROJECT.—Not more than 
25 percent of the total amount available for carrying 
out this section for a fiscal year may be provided for 
any 1 project in that fiscal year. 
‘‘(f) FEDERAL SHARE.—The total amount of a grant 
awarded under this section for a rail line relocation project 
shall be 90 percent of the shared costs of the project, as deter-
mined under subsection (g)(4). 
‘‘(g) STATE SHARE.— 
‘‘(1) PERCENTAGE.—A State shall pay 10 per-
cent of the shared costs of a project that is funded in 
part by a grant awarded under this section. 
‘‘(2) FORMS OF CONTRIBUTIONS.—The share re-
quired by paragraph (1) may be paid in cash or in 
kind. 
‘‘(3) IN-KIND CONTRIBUTIONS.—The in-kind con-
tributions that are permitted to be counted under 
paragraph (2) for a project for a State are as follows:
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HR 3550 EAS 
‘‘(A) A contribution of real property or tan-
gible personal property (whether provided by the 
State or a person for the State). 
‘‘(B) A contribution of the services of em-
ployees of the State, calculated on the basis of 
costs incurred by the State for the pay and bene-
fits of the employees, but excluding overhead and 
general administrative costs. 
‘‘(C) A payment of any costs that were in-
curred for the project before the filing of an ap-
plication for a grant for the project under this 
section, and any in-kind contributions that were 
made for the project before the filing of the appli-
cation, if and to the extent that the costs were in-
curred or in-kind contributions were made, as 
the case may be, to comply with a provision of 
a statute required to be satisfied in order to 
carry out the project. 
‘‘(4) COSTS NOT SHARED.— 
‘‘(A) IN
GENERAL.—For the purposes of 
subsection (f) and this subsection, the shared 
costs of a project in a municipality do not in-
clude any cost that is defrayed with any funds 
or in-kind contribution that a source other than 
the municipality makes available for the use of
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HR 3550 EAS 
the municipality without imposing at least 1 of 
the following conditions: 
‘‘(i) The condition that the munici-
pality use the funds or contribution only for 
the project. 
‘‘(ii) The condition that the avail-
ability of the funds or contribution to the 
municipality is contingent on the execution 
of the project. 
‘‘(B) 
DETERMINATIONS
OF
THE
SEC-
RETARY.—The Secretary shall determine the 
amount of the costs, if any, that are not shared 
costs under this paragraph and the total amount 
of the shared costs. A determination of the Sec-
retary shall be final. 
‘‘(h) MULTISTATE AGREEMENTS TO COMBINE 
AMOUNTS.—Two or more States (not including polit-
ical subdivisions of States) may, pursuant to an 
agreement entered into by the States, combine any 
part of the amounts provided through grants for a 
project under this section if— 
‘‘(1) the project will benefit each of the 
States entering into the agreement; and 
‘‘(2) the agreement is not a violation of a 
law of any such State.
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‘‘(i) REGULATIONS.—The Secretary shall prescribe 
regulations for carrying out this section. 
‘‘(j) STATE DEFINED.—In this section, the term ‘State’ 
includes, except as otherwise specifically provided, a polit-
ical subdivision of a State. 
‘‘(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for use 
in carrying out this section $350,000,000 for each of the 
fiscal years 2004 through 2008.’’. 
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for such chapter is amended by adding at the end 
the following: 
‘‘20154. Capital grants for rail line relocation projects.’’. 
(b) REGULATIONS.— 
(1) INTERIM REGULATIONS.—Not later than Oc-
tober 1, 2003, the Secretary of Transportation shall 
issue temporary regulations to implement the grant 
program under section 20154 of title 49, United 
States Code, as added by subsection (a). Subchapter 
II of chapter 5 of title 5, United States Code, shall 
not apply to the issuance of a temporary regulation 
under this subsection or of any amendment of such a 
temporary regulation. 
(2) FINAL REGULATIONS.—Not later than April 
1, 2004, the Secretary shall issue final regulations 
implementing the program.
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SEC. 4662. USE OF CONGESTION MITIGATION AND AIR 
QUALITY IMPROVEMENT FUNDS FOR BOSTON 
TO PORTLAND PASSENGER RAIL SERVICE. 
Notwithstanding any other provision of law, funds au-
thorized to be appropriated under section 1101(5) that are 
made available to the State of Maine may be used to sup-
port, through December 15, 2006, the operation of passenger 
rail service between Boston, Massachusetts, and Portland, 
Maine. 
TITLE V—HIGHWAY REAUTHOR-
IZATION 
AND 
EXCISE 
TAX 
SIMPLIFICATION 
SEC. 5000. SHORT TITLE; AMENDMENT OF 1986 CODE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Highway Reauthorization and Excise Tax Simplification 
Act of 2004’’. 
(b) AMENDMENT OF 1986 CODE.—Except as otherwise 
expressly provided, whenever in this title an amendment 
or repeal is expressed in terms of an amendment to, or re-
peal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the 
Internal Revenue Code of 1986.
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Subtitle A—Trust Fund 
Reauthorization 
SEC. 5001. EXTENSION OF HIGHWAY TRUST FUND AND 
AQUATIC RESOURCES TRUST FUND EXPENDI-
TURE AUTHORITY AND RELATED TAXES. 
(a) HIGHWAY TRUST FUND EXPENDITURE AUTHOR-
ITY.— 
(1) HIGHWAY ACCOUNT.—Paragraph (1) of sec-
tion 9503(c) (relating to transfers from Highway 
Trust Fund for certain repayments and credits) is 
amended— 
(A) in the matter before subparagraph (A), 
by striking ‘‘March 1, 2004’’ and inserting ‘‘Oc-
tober 1, 2009’’, 
(B) by striking ‘‘or’’ at the end of subpara-
graph (E), 
(C) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘, or’’, 
(D) by inserting after subparagraph (F), 
the following new subparagraph: 
‘‘(G) authorized to be paid out of the High-
way Trust Fund under the Safe, Accountable, 
Flexible, and Efficient Transportation Equity 
Act of 2004.’’, and
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HR 3550 EAS 
(E) in the matter after subparagraph (G), 
as added by subparagraph (D), by striking 
‘‘Surface Transportation Extension Act of 2003’’ 
and inserting ‘‘Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2004’’. 
(2) MASS TRANSIT ACCOUNT.—Paragraph (3) of 
section 9503(e) (relating to establishment of Mass 
Transit Account) is amended— 
(A) in the matter before subparagraph (A), 
by striking ‘‘March 1, 2004’’ and inserting ‘‘Oc-
tober 1, 2009’’, 
(B) by striking ‘‘or’’ at the end of subpara-
graph (C), 
(C) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘, or’’, 
(D) by inserting after subparagraph (D), 
the following new subparagraph: 
‘‘(E) the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2004,’’, 
and 
(E) in the matter after subparagraph (E), 
as added by subparagraph (D), by striking 
‘‘Surface Transportation Extension Act of 2003’’ 
and inserting ‘‘Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2004’’.
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HR 3550 EAS 
(3) EXCEPTION
TO
LIMITATION
ON
TRANS-
FERS.—Subparagraph (B) of section 9503(b)(5) (re-
lating to limitation on transfers to Highway Trust 
Fund) is amended by striking ‘‘March 1, 2004’’ and 
inserting ‘‘October 1, 2009’’. 
(b) AQUATIC RESOURCES TRUST FUND EXPENDITURE 
AUTHORITY.— 
(1) SPORT FISH RESTORATION ACCOUNT.—Para-
graph (2) of section 9504(b) (relating to Sport Fish 
Restoration Account) is amended by striking ‘‘Surface 
Transportation Extension Act of 2003’’ each place it 
appears and inserting ‘‘Safe, Accountable, Flexible, 
and Efficient Transportation Equity Act of 2004’’. 
(2) BOAT
SAFETY
ACCOUNT.—Section 9504(c) 
(relating to expenditures from Boat Safety Account) 
is amended— 
(A) by striking ‘‘March 1, 2004’’ and insert-
ing ‘‘October 1, 2009’’, and 
(B) by striking ‘‘Surface Transportation 
Extension Act of 2003’’ and inserting ‘‘Safe, Ac-
countable, Flexible, and Efficient Transportation 
Equity Act of 2004’’. 
(3) EXCEPTION
TO
LIMITATION
ON
TRANS-
FERS.—Paragraph (2) of section 9504(d) (relating to 
limitation on transfers to Aquatic Resources Trust
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HR 3550 EAS 
Fund) is amended by striking ‘‘March 1, 2004’’ and 
inserting ‘‘October 1, 2009’’. 
(4) TECHNICAL CORRECTION.—The last sentence 
of paragraph (2) of section 9504(b) is amended by 
striking ‘‘subparagraph (B)’’, and inserting ‘‘sub-
paragraph (C)’’. 
(c) EXTENSION OF TAXES.— 
(1) IN GENERAL.—The following provisions are 
each amended by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2009’’: 
(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 4041(m)(1)(A) (relating to cer-
tain alcohol fuels produced from natural gas). 
(D) Section 4051(c) (relating to termi-
nation of tax on heavy trucks and trailers). 
(E) Section 4071(d) (relating to termi-
nation of tax on tires). 
(F) Section 4081(d)(1) (relating to termi-
nation of tax on gasoline, diesel fuel, and ker-
osene). 
(G) Section 4481(e) (relating to period tax 
in effect).
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HR 3550 EAS 
(H) Section 4482(c)(4) (relating to taxable 
period). 
(I) Section 4482(d) (relating to special rule 
for taxable period in which termination date oc-
curs). 
(2) 
FLOOR
STOCKS
REFUNDS.—Section 
6412(a)(1) (relating to floor stocks refunds) is amend-
ed— 
(A) by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2009’’, and 
(B) by striking ‘‘2006’’ each place it ap-
pears and inserting ‘‘2010’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.—The fol-
lowing provisions are each amended by striking ‘‘2005’’ and 
inserting ‘‘2009’’: 
(1) Section 4221(a) (relating to certain tax-free 
sales). 
(2) Section 4483(g) (relating to termination of 
exemptions for highway use tax). 
(e) EXTENSION
OF DEPOSITS INTO, AND CERTAIN 
TRANSFERS FROM, TRUST FUND.— 
(1) IN GENERAL.—Subsections (b), (c)(2), (c)(3), 
(c)(4)(A)(i), and (c)(5)(A) of section 9503 (relating to 
the Highway Trust Fund) are amended—
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HR 3550 EAS 
(A) by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2009’’, and 
(B) by striking ‘‘2006’’ each place it ap-
pears and inserting ‘‘2010’’. 
(2) 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— 
(A) by striking ‘‘2003’’ and inserting 
‘‘2007’’, and 
(B) by striking ‘‘2004’’ each place it ap-
pears and inserting ‘‘2008’’. 
(f) EXTENSION OF TAX BENEFITS FOR QUALIFIED 
METHANOL
AND
ETHANOL
FUEL
PRODUCED
FROM 
COAL.—Section 4041(b)(2) (relating to qualified methanol 
and ethanol fuel) is amended— 
(1) by striking ‘‘2007’’ in subparagraph (C)(ii) 
and inserting ‘‘2010’’, and 
(2) by striking ‘‘October 1, 2007’’ in subpara-
graph (D) and inserting ‘‘January 1, 2011’’. 
(g) PROHIBITION ON USE OF HIGHWAY ACCOUNT FOR 
RAIL PROJECTS.—Section 9503(c) (relating to transfers 
from Highway Trust Fund for certain repayments and 
credits) is amended by adding at the end the following new 
paragraph: