such term in section 173.120(a) of title 49, Code of 
Federal Regulations, as in effect on the date of en-
actment of the Hazardous Material Transportation 
Safety Act of 2009.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 51 is amended by inserting after the item relating to 
section 5117 the following: 
‘‘5118. Requirements relating to external product piping on cargo tanks trans-
porting flammable liquid.’’. 
SEC. 203. IMPROVING DATA COLLECTION, ANALYSIS, AND 
REPORTING. 
(a) ESTABLISHMENT
OF WORKING GROUP.—Not 
later than 60 days after the date of enactment of this Act, 
the Secretary shall establish a working group for the pur-
pose of improving the collection, analysis, reporting, and 
use of data related to accidents and incidents involving 
the transportation of hazardous material. 
(b) MEMBERSHIP.—The working group shall consist 
of the following: 
(1) At least 1 representative of each of the fol-
lowing agencies, to be appointed by the head of the 
agency: 
(A) The Federal Aviation Administration. 
(B) The Federal Motor Carrier Safety Ad-
ministration. 
(C) The Federal Railroad Administration. 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
(D) The Coast Guard. 
(E) The Pipeline and Hazardous Materials 
Safety Administration. 
(2) Such other officers or employees of the De-
partment as the Secretary may appoint. 
(c) DUTIES.—The working group shall— 
(1) review the Pipeline and Hazardous Mate-
rials Safety Administration’s methods for collecting, 
analyzing, and reporting accidents and incidents in-
volving the transportation of hazardous material, in-
cluding the adequacy of— 
(A) information requested on the accident 
and incident reporting forms required to be 
submitted to the Administration; 
(B) methods used by the Administration to 
verify that the information provided on such 
forms is accurate and complete; 
(C) resources of the Administration related 
to data collection, analysis, and reporting, in-
cluding staff and information technology; and 
(D) the database used by the Administra-
tion for recording and reporting such accidents 
and incidents, including the ability of users to 
adequately search the database and find infor-
mation; 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
(2) make recommendations to the Administra-
tion for improving the collection, analysis, reporting, 
and use of such data; and 
(3) such other duties as the Secretary deter-
mines are appropriate. 
(d) DEVELOPMENT
OF ACTION PLAN.—Not later 
than 90 days after the date of enactment of this Act, tak-
ing into consideration the recommendations made by the 
working group, the Secretary shall develop an action plan 
and timeline for improving the collection, analysis, report-
ing, and use of data by the Administration, including re-
vising the database of the Administration, as appropriate. 
(e) SUBMISSION TO CONGRESS.—Not later than 15 
days after the date of development of the action plan and 
timeline under subsection (d), the Secretary shall submit 
the action plan and timeline to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
TITLE III—STRENGTHENING 
ENFORCEMENT 
SEC. 301. HAZARDOUS MATERIAL ENFORCEMENT TRAIN-
ING PROGRAM. 
(a) IN GENERAL.—The Secretary shall carry out a 
hazardous material enforcement training program— 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
(1) to develop uniform performance standards 
for training hazardous material inspectors and inves-
tigators; 
(2) to train hazardous material inspectors and 
investigators on how to collect, analyze, and publish 
findings from inspections and investigations of acci-
dents or incidents involving the transportation of 
hazardous material; and 
(3) to train hazardous material inspectors and 
investigators on how to identify noncompliance with 
regulations issued under chapter 51 of title 49, 
United States Code, and take appropriate enforce-
ment action. 
(b) STANDARDS AND GUIDELINES.—Under the pro-
gram, the Secretary may develop— 
(1) guidelines for hazardous material inspector 
and investigator qualifications; 
(2) best practices and standards for hazardous 
material inspector and investigator training pro-
grams; and 
(3) standard protocols to coordinate investiga-
tion efforts among Federal, State, and local jurisdic-
tions on accidents or incidents involving the trans-
portation of hazardous material. 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
(c) AVAILABILITY.—The Secretary may make the 
standards, protocols, and findings of the program de-
scribed in this section available to Federal, State, and 
local hazardous material safety enforcement personnel. 
SEC. 302. INSPECTIONS AND INVESTIGATIONS. 
(a) NOTICE OF ENFORCEMENT MEASURES.—Section 
5121(c)(1) is amended— 
(1) in subparagraph (E) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (F) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(G) shall provide to the affected offeror, 
carrier, packaging manufacturer or tester, or 
other person responsible for the package rea-
sonable notice of any findings made and actions 
being taken as a result of a finding of non-
compliance.’’. 
(b) REGULATIONS.—Section 5121(e) is amended by 
adding at the end the following: 
‘‘(3) MATTERS TO BE ADDRESSED.—In issuing 
the regulations to carry out subsections (c) and (d), 
the Secretary shall address, at a minimum, the fol-
lowing: 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(A) Safe and expeditious resumption of 
transportation of perishable hazardous material, 
including radiopharmaceuticals and other med-
ical products, that may require timely delivery 
due to life-threatening situations. 
‘‘(B) Appropriate training and equipment 
for inspectors. 
‘‘(C) The proper closure of packaging in 
accordance with the hazardous material regula-
tions.’’. 
(c) GRANTS AND COOPERATIVE AGREEMENTS.—Sec-
tion 5121(g)(1) is amended by striking ‘‘security’’ and in-
serting ‘‘safety and security’’. 
(d) AUTHORITY TO CONDUCT INVESTIGATIONS.— 
Section 5121 is amended by adding at the end the fol-
lowing: 
‘‘(i) ACCIDENT OR INCIDENT INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—A designated officer, em-
ployee, or agent of the Secretary may investigate an 
accident or incident involving the transportation of 
hazardous material. 
‘‘(2) AUTHORITIES IN CONDUCTING INVESTIGA-
TIONS.—In conducting an investigation of an acci-
dent or incident involving the transportation of haz-
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
ardous material, a designated officer, employee, or 
agent of the Secretary may— 
‘‘(A) enter property; 
‘‘(B) subpoena witnesses; 
‘‘(C) require the production of records, ex-
hibits, and other evidence; 
‘‘(D) administer oaths; and 
‘‘(E) take testimony. 
‘‘(3) COORDINATION WITH STATE INVESTIGA-
TIONS.—If an accident or incident involving the 
transportation of hazardous material is investigated 
by the State in which such accident or incident oc-
curred, the Secretary, to the extent practicable, shall 
coordinate any investigation conducted by the Sec-
retary with respect to such accident or incident with 
the State’s investigation. 
‘‘(4) AUTHORITY
OF
NATIONAL
TRANSPOR-
TATION SAFETY BOARD.—Pursuant to chapter 11, 
the National Transportation Safety Board retains 
authority to lead the investigation into an accident 
or incident involving the transportation of hazardous 
material. The Secretary shall use the Secretary’s au-
thority under this paragraph to support any inves-
tigation the Board undertakes. 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(5) REPORTS.—When the Secretary deter-
mines it to be in the public interest, the Secretary 
shall make available to the public the results of an 
investigation conducted by the Secretary with re-
spect to an accident or incident involving the trans-
portation of hazardous material, including a state-
ment of the cause of the accident or incident and 
such recommendations as the Secretary considers 
appropriate.’’. 
SEC. 303. CIVIL PENALTIES. 
Section 5123 is amended by adding at the end the 
following: 
‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS 
AND INVESTIGATIONS.—The Secretary may impose a pen-
alty on a person who obstructs or prevents the Secretary 
from carrying out inspections or investigations under sec-
tion 5121(c) or 5121(i). 
‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPER-
ATIONS AFTER NONPAYMENT OF PENALTIES.— 
‘‘(1) IN GENERAL.—A person subject to the ju-
risdiction of the Secretary under this chapter for 
whom a civil penalty is assessed under this chapter 
and who does not pay such penalty or fails to ar-
range and abide by an acceptable payment plan for 
such civil penalty may not conduct any activity regu-
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
lated under this chapter beginning on the 91st day 
after the date specified by order of the Secretary for 
payment of such penalty. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to any person who is unable to pay a civil pen-
alty because such person is a debtor in a case under 
chapter 11 of title 11, United States Code. 
‘‘(3) RULEMAKING REQUIRED.—Not later than 
24 months after the date of the enactment of this 
subsection, the Secretary, after providing notice and 
an opportunity for public comment, shall issue regu-
lations setting forth procedures to require a person 
who is delinquent in paying civil penalties to cease 
any activity regulated under this chapter until pay-
ment has been made or an acceptable payment plan 
has been arranged. The regulation shall ensure that 
the person is notified in writing and given an oppor-
tunity to respond before the person is required to 
cease the activity.’’. 
SEC. 304. ADDITIONAL RESOURCES. 
(a) IN GENERAL.—The Secretary shall increase the 
personnel of the Pipeline and Hazardous Materials Safety 
Administration by a total of 84 full-time employees to 
carry out the hazardous material safety program and the 
administration of that program, of which— 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
(1) 24 employees shall be added in fiscal year 
2010; 
(2) 40 employees shall be added in fiscal year 
2011; and 
(3) 20 employees shall be added in fiscal year 
2012. 
(b) FUNCTIONS.—In increasing the number of em-
ployees pursuant to subsection (a), the Secretary shall 
focus on hiring employees to— 
(1) conduct data collection, analysis, and re-
porting; 
(2) develop, implement, and update information 
technology utilized by the Pipeline and Hazardous 
Materials Safety Administration; 
(3) implement the requirements of section 5117 
of title 49, United States Code; 
(4) conduct routine inspections and audits of 
persons who transport, cause to be transported, or 
offer for transportation hazardous material; 
(5) support hazardous material enforcement ac-
tivities of the Pipeline and Hazardous Materials 
Safety Administration, including training of haz-
ardous material enforcement personnel; and 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS
(6) support the overall hazardous material safe-
ty mission of the Pipeline and Hazardous Materials 
Safety Administration. 
(c) SPECIFIC DUTIES.—Of the number of additional 
full-time employees added each fiscal year by subsection 
(a), not less than 10 of such employees each fiscal year 
shall be assigned to perform the function described in sub-
section (b)(4). 
TITLE IV—MISCELLANEOUS 
SEC. 401. SPECIAL PERMITS, APPROVALS, AND EXCLU-
SIONS. 
(a) IN GENERAL.—Section 5117 is amended to read 
as follows: 
‘‘§ 5117. Special permits, approvals, and exclusions 
‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 
‘‘(1) CONDITIONS.—As provided under proce-
dures prescribed by regulation, the Secretary may 
issue, modify, or terminate a special permit author-
izing a variance from this chapter or a regulation 
prescribed under section 5103(b), 5104, 5110, or 
5112 to a person performing a function regulated by 
the Secretary under section 5103(b)(1) in a way 
that achieves a safety level— 
‘‘(A) at least equal to the safety level re-
quired under this chapter; or 
VerDate Nov 24 2008 
02:12 Nov 05, 2009
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4016.IH
H4016
smartinez on DSKB9S0YB1PROD with BILLS