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organization shall prepare and update such plan 
every 4 years unless the metropolitan planning orga-
nization elects to update more frequently.’’. 
SEC. 6007. INTERSTATE AGREEMENTS. 
Section 5214, as inserted by section 6001(a) of this 
Act, is amended by inserting after subsection (b) the fol-
lowing: 
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—The consent of Congress is 
granted to 2 or more States entering into agree-
ments or compacts, not in conflict with any law of 
the United States, for cooperative efforts and mu-
tual assistance in support of activities authorized 
under this section related to interstate areas and lo-
calities in the States and establishing authorities the 
States consider desirable for making the agreements 
and compacts effective. 
‘‘(2) RESERVATION OF RIGHTS.—The right to 
alter, amend or repeal interstate compacts entered 
into under this subsection is expressly reserved.’’. 
SEC. 6008. REGULATIONS RELATING TO TRANSPORTATION 
PLANNING. 
Not later than 18 months after the date of enactment 
of this Act, the Secretary shall issue regulations that are 
consistent with the provisions of subchapter B of chapter
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52 of title 49, United States Code, that relate to the Clean 
Air Act. 
SEC. 6009. SPECIAL RULES RELATING TO PROJECT DEVEL-
OPMENT PROCEDURES. 
Section 5252 of title 49, United States Code, as in-
serted by section 6001(a) of this Act, is amended by add-
ing at the end the following: 
‘‘(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
‘‘(1) JUDICIAL REVIEW.—Except as set forth 
under subsection (k), nothing in this section shall af-
fect the reviewability of any final Federal agency ac-
tion in a court of the United States. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
shall be construed as superseding, amending, or 
modifying the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or any other Federal 
environmental statute or affect the responsibility of 
any Federal officer to comply with or enforce any 
such statute. 
‘‘(3) LIMITATIONS.—Nothing in this section 
shall preempt or interfere with—
‘‘(A) any practice of seeking, considering, 
or responding to public comment; or 
‘‘(B) any power, jurisdiction, responsibility, 
or authority that a Federal, State, or local gov-
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ernment agency, metropolitan planning organi-
zation, Indian tribe, or project sponsor has with 
respect to carrying out a project or any other 
provisions of law applicable to projects, plans, 
or programs. 
‘‘(k) LIMITATIONS ON CLAIMS.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a claim arising under Federal law 
seeking judicial review of a permit, license, or ap-
proval issued by a Federal agency for a highway or 
public transportation capital project shall be barred 
unless it is filed within 90 days after the permit, li-
cense, or approval is final pursuant to the law under 
which the agency action is taken, unless a shorter 
time is specified in the Federal law pursuant to 
which judicial review is allowed. Nothing in this sub-
section shall create a right to judicial review or place 
any limit on filing a claim that a person has violated 
the terms of a permit, license, or approval. 
‘‘(2) NEW INFORMATION.—The Secretary shall 
consider new information received after the close of 
a comment period if the information satisfies the re-
quirements for a supplemental environmental impact 
statement under section 771.130 of title 23, Code of 
Federal Regulations. The preparation of a supple-
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mental environmental impact statement when re-
quired shall be considered a separate final agency 
action and the deadline for filing a claim for judicial 
review of such action shall be 90 days after the date 
of such action.’’. 
TITLE VII—HAZARDOUS 
MATERIALS TRANSPORTATION 
SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
SEC. 7002. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds with respect to haz-
ardous materials transportation that—
(1) approximately 4,000,000,000 tons of regu-
lated hazardous materials are transported each year 
and approximately 1,200,000 movements of haz-
ardous materials occur each day, according to De-
partment of Transportation estimates; 
(2) the movement of hazardous materials in 
commerce is necessary to maintain economic vitality
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and meet consumer demands and must be conducted 
in a safe and efficient manner; 
(3) accidents involving, or unauthorized access 
to, hazardous materials in transportation may result 
in a release of such materials and pose a serious 
threat to public health and safety; 
(4) many States and localities have enacted 
laws and regulations that vary from Federal laws 
and regulations pertaining to the transportation of 
hazardous materials, thereby creating the potential 
for unreasonable hazards in other jurisdictions and 
confounding shippers and carriers that attempt to 
comply with multiple regulatory requirements; 
(5) because of the potential risks to life, prop-
erty, and the environment posed by unintentional re-
leases of hazardous materials, consistency in laws 
and regulations governing the transportation of haz-
ardous materials is necessary and desirable; 
(6) in order to achieve greater uniformity and 
to promote the public health, welfare, and safety at 
all levels, Federal standards for regulating the trans-
portation of hazardous materials in intrastate, inter-
state, and foreign commerce are necessary and desir-
able; and
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(7) in order to provide reasonable, adequate, 
and cost-effective protection from the risks posed by 
the transportation of hazardous materials, a network 
of well-trained State and local emergency response 
personnel and hazmat employees is essential. 
(b) PURPOSE.—The text of section 5101 is amended 
to read as follows: ‘‘The purpose of this chapter is to pro-
tect against the risks to life, property, and the environ-
ment that are inherent in the transportation of hazardous 
material in intrastate, interstate, and foreign commerce.’’. 
SEC. 7003. DEFINITIONS. 
Section 5102 is amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; or’’; and 
(C) by inserting at the end the following: 
‘‘(C) on a United States registered air-
craft.’’; 
(2) in paragraph (8) by striking ‘‘national re-
sponse team’’ each place it appears and inserting 
‘‘National Response Team’’;
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(3) by redesignating paragraphs (11), (12), and 
(13) as paragraphs (12), (13), and (14), respec-
tively; and 
(4) by inserting after paragraph (10) the fol-
lowing: 
‘‘(11) ‘Secretary’ means the Secretary of Trans-
portation.’’. 
SEC. 7004. GENERAL REGULATORY AUTHORITY. 
(a) TECHNICAL AMENDMENTS.—Section 5103(a) is 
amended—
(1) by striking ‘‘etiologic agent,’’ and inserting 
‘‘infectious substance,’’; and 
(2) by striking ‘‘poison,’’ and inserting ‘‘toxic,’’. 
(b) REGULATIONS FOR SAFE TRANSPORTATION.—
Section 5103(b)(1)(A) is amended—
(1) in clause (i) by striking ‘‘transporting’’ and 
inserting ‘‘that transports’’; 
(2) in clause (ii)—
(A) by striking ‘‘causing’’ and inserting 
‘‘that causes’’; and 
(B) by striking ‘‘or’’ at the end; and 
(3) by striking clause (iii) and inserting the fol-
lowing: 
‘‘(iii) that designs, manufactures, fab-
ricates, inspects, marks, maintains, recondi-
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tions, repairs, or tests a package or container 
that is represented, marked, certified, or sold by 
that person as qualified for use in transporting 
hazardous material in commerce; 
‘‘(iv) that prepares or accepts hazardous 
material for transportation in commerce; 
‘‘(v) that is responsible for the safety of 
transporting hazardous material in commerce; 
‘‘(vi) that certifies compliance with any re-
quirement of this chapter; or 
‘‘(vii) that misrepresents whether the per-
son is engaged in any of the activities described 
in this subparagraph; and’’. 
(c) TECHNICAL AMENDMENT.—Section 5103(b) is 
amended—
(1) by moving subparagraph (C) from the end 
of paragraph (1) and inserting it after paragraph 
(2); 
(2) by redesignating such subparagraph as 
paragraph (3); and 
(3) by moving such paragraph (3) 2 ems to the 
left. 
SEC. 7005. REPRESENTATION AND TAMPERING. 
(a) REPRESENTATION.—Section 5104(a) is amend-
ed—
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(1) by striking ‘‘A person’’ and inserting ‘‘No 
person’’; 
(2) in paragraph (1) by striking ‘‘only if’’ and 
all that follows through ‘‘meets’’ and inserting ‘‘if it 
does not conform to’’; and 
(3) in paragraph (2) by striking ‘‘only if’’ and 
inserting ‘‘unless’’. 
(b) TAMPERING.—Section 5104(b) is amended by 
striking ‘‘A person may not’’ and inserting ‘‘No person 
may’’. 
SEC. 7006. TECHNICAL AMENDMENTS. 
(a) ELIMINATION OF COMPLETED STUDY.—Section 
5105 is amended—
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as sub-
section (d). 
(b) 
CLASSIFICATION
OF
EXPLOSIVES.—Section 
5108(a)(1)(B) is amended by striking ‘‘class A or B’’ and 
inserting ‘‘Division 1.1, 1.2, or 1.3’’. 
SEC. 7007. TRAINING OF CERTAIN EMPLOYEES. 
Section 5107 is amended—
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively;
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(2) in subsection (g)(2) (as so redesignated) by 
striking ‘‘sections 5106, 5108(a)–(g)(1) and (h), and 
5109 of this title’’ and inserting ‘‘section 5106’’; and 
(3) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Sec-
retary shall ensure that maintenance-of-way employees 
and railroad signalmen receive general awareness/famil-
iarization training and safety training pursuant to section 
172.704 of title 49, Code of Federal Regulations.’’. 
SEC. 7008. REGISTRATION. 
(a) PERSONS REQUIRED TO FILE.—Section 5108(a) 
is amended—
(1) in paragraph (2)(B) by striking ‘‘manufac-
turing, fabricating, marking, maintaining, recondi-
tioning, repairing, or testing’’ and inserting ‘‘design-
ing, manufacturing, fabricating, inspecting, marking, 
maintaining, reconditioning, repairing, or testing’’; 
and 
(2) by aligning the left margin of paragraph (4) 
with the left margin of paragraph (3). 
(b) FILING SCHEDULE.—Section 5108(c) is amend-
ed—
(1) by striking the subsection heading and in-
serting‘‘FILING SCHEDULE’’; and
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(2) in paragraph (1)—
(A) by striking ‘‘must file the first’’ and 
inserting ‘‘shall file that’’; 
(B) by striking ‘‘not later than March 31, 
1992’’ and inserting ‘‘in accordance with regu-
lations issued by the Secretary’’; and 
(C) by striking the second sentence. 
(c) FEES.—Section 5108(g) is amended—
(1) in paragraph (1) by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(2) in paragraph (2)(A) by striking ‘‘$5,000’’ 
and inserting ‘‘$3,000’’; and 
(3) by adding at the end the following: 
‘‘(3) FEES
ON
EXEMPT
PERSONS.—Notwith-
standing subsection (a)(4), the Secretary shall im-
pose and collect a fee of $25 from a person who is 
required to register under this section but who is 
otherwise exempted by the Secretary from paying 
any fee under this section. The fee shall be used to 
pay the cost of the Secretary in processing registra-
tion statements filed by such persons.’’. 
(d) RELATIONSHIP
TO
OTHER
LAWS.—Section 
5108(i)(2)(B) is amended by inserting ‘‘, Indian tribe,’’ 
after ‘‘State’’ the first place it appears.
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(e) HAZMAT
REGISTRATION
NOTIFICATION.—As 
soon as practicable, the Pipeline and Hazardous Materials 
Safety Administrator of the Department of Transpor-
tation shall transmit to the Federal Motor Carrier Safety 
Administration hazardous material registrant information 
obtained before, on, or after the date of enactment of this 
Act under section 5108 of title 49, United States Code, 
together with any Department of Transportation identi-
fication number for each registrant. 
SEC. 7009. PROVIDING SHIPPING PAPERS. 
Section 5110 is amended—
(1) in subsection (a) by striking ‘‘under sub-
section (b) of this section’’ and inserting ‘‘by regula-
tion’’; and 
(2) in subsection (e) by striking ‘‘1 year’’ and 
inserting ‘‘2 years after the date of preparation of 
the shipping paper’’. 
SEC. 7010. RAIL TANK CARS. 
Section 5111, and the item relating to such section 
in the analysis for chapter 51, are repealed. 
SEC. 7011. UNSATISFACTORY SAFETY RATING. 
The text of section 5113 is amended to read as fol-
lows: ‘‘A person who violates section 31144(c)(3) shall be 
subject to the penalties in sections 5123 and 5124.’’.
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SEC. 7012. TRAINING CURRICULUM FOR THE PUBLIC SEC-
TOR. 
(a) 
REQUIREMENTS.—Section 
5115(b)(1)(C) 
is 
amended by striking ‘‘under other United States Govern-
ment grant programs, including those’’ and inserting 
‘‘with Federal financial assistance, including programs’’. 
(b) TRAINING
ON COMPLYING WITH LEGAL RE-
QUIREMENTS.—Section 5115(c)(3) is amended by insert-
ing before the period at the end the following: ‘‘and such 
other voluntary consensus standard-setting organizations 
as the Secretary determines appropriate’’. 
(c) DISTRIBUTION
AND
PUBLICATION.—Section 
5115(d) is amended—
(1) in the matter preceding paragraph (1) by 
striking ‘‘national response team’’ and inserting 
‘‘National Response Team’’; 
(2) in paragraph (1) by striking ‘‘Director of 
the Federal Emergency Management Agency’’ and 
inserting ‘‘Secretary’’; and 
(3) in paragraph (2)—
(A) by inserting ‘‘and distribute’’ after 
‘‘publish’’; and 
(B) by striking ‘‘programs that uses’’ and 
all that follows before the period at the end and 
inserting ‘‘programs and courses developed 
under this section’’.
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SEC. 7013. PLANNING AND TRAINING GRANTS, MONI-
TORING, AND REVIEW. 
(a) FACTORS
TO
CONSIDER
IN
DETERMINING 
NEEDS.—Section 5116(b)(4) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) the report submitted by the State to the 
Secretary under section 5125(f)(2); and’’. 
(b) COMPLIANCE WITH CERTAIN LAW.—Section 
5116(c) is amended—
(1) by inserting ‘‘or Indian tribe’’ after ‘‘a 
State’’; 
(2) by inserting ‘‘or Indian tribe’’ after ‘‘the 
State’’ the first place it appears; and 
(3) by inserting ‘‘(1) the State or Indian tribe 
is complying with all applicable requirements of this 
chapter (including section 5125(f)), and (2) in the 
case of a State,’’ after ‘‘certifies that’’. 
(c) GOVERNMENT’S
SHARE
OF
COSTS.—Section 
5116(e) is amended by striking the second sentence and 
inserting the following: ‘‘Amounts received by the State
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or tribe under subsections (a)(1) and (b)(1) are not part 
of the non-Government share under this subsection.’’. 
(d) MONITORING
AND TECHNICAL ASSISTANCE.—
Section 5116(f) is amended—
(1) in the first sentence—
(A) by striking ‘‘Secretaries of Transpor-
tation and Energy,’’ and inserting ‘‘Secretary of 
Energy, Director of the Federal Emergency 
Management Agency,’’; and 
(B) by striking ‘‘Director of the Federal 
Emergency Management Agency shall’’ and in-
serting ‘‘Secretary of Transportation shall’’; 
and 
(2) in the second sentence—
(A) by striking ‘‘the Secretaries, Adminis-
trator, and Directors each shall’’ and inserting 
‘‘the Secretary shall’’; and 
(B) by striking ‘‘national response team’’ 
and inserting ‘‘National Response Team’’. 
(e) DELEGATION OF AUTHORITY.—Section 5116(g) 
is amended by striking ‘‘Government grant programs’’ and 
inserting ‘‘Federal financial assistance’’. 
(f) HAZARDOUS
MATERIALS
EMERGENCY
PRE-
PAREDNESS FUND.—Section 5116(i) is amended—
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(1) by striking the subsection heading and in-
serting ‘‘HAZARDOUS MATERIALS EMERGENCY PRE-
PAREDNESS FUND.—’’; 
(2) in the matter preceding paragraph (1)—
(A) by inserting ‘‘, to be known as the 
‘Hazardous Materials Emergency Preparedness 
Fund’,’’ after ‘‘account in the Treasury’’; and 
(B) by striking ‘‘section 5108(g)(2)(A) of 
this title’’ and all that follows before the period 
at the end of the first sentence and inserting 
‘‘this chapter’’; 
(3) by striking ‘‘and’’ at the end of paragraph 
(2); 
(4) by redesignating paragraph (3) as para-
graph (4); and 
(5) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) to publish and distribute the Emergency 
Response Guidebook; and’’. 
(g) REPORTS.—In section 5116(k)—
(1) by striking the first sentence and inserting 
the following: ‘‘The Secretary shall submit to Con-
gress and make available to the public annually a re-
port on the allocation and uses of planning grants 
under subsection (a), training grants under sub-
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section (b), and grants under subsection (j) and 
under section 5107.’’; and 
(2) in the second sentence by striking ‘‘Such re-
port’’ and inserting ‘‘The report’’. 
SEC. 7014. SPECIAL PERMITS AND EXCLUSIONS. 
(a) SECTION HEADING.—
(1) IN GENERAL.—Section 5117 is amended by 
striking the section number and heading and insert-
ing the following: 
‘‘§ 5117. Special permits and exclusions’’. 
(2) CONFORMING AMENDMENT.—The item re-
lating to section 5117 in the analysis for chapter 51 
is amended to read as follows:
‘‘5117. Special permits and exclusions.’’.
(b) SUBSECTION HEADING.—The heading for sub-
section (a) of section 5117 is amended by striking ‘‘EX-
EMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’. 
(c) AUTHORITY TO ISSUE SPECIAL PERMITS.—Sec-
tion 5117(a)(1) is amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘, 
modify, or terminate a special permit authorizing a 
variance’’; and 
(2) by striking ‘‘transporting, or causing to be 
transported, hazardous material’’ and inserting 
‘‘performing a function regulated by the Secretary 
under section 5103(b)(1)’’.
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(d) 
PERIOD
OF
SPECIAL
PERMIT.—Section 
5117(a)(2) is amended to read as follows: 
‘‘(2) A special permit issued under this section shall 
be effective for an initial period of not more than 2 years 
and may be renewed by the Secretary upon application 
for an additional period of not more than 4 years or, in 
the case of a special permit relating to section 5112, for 
an additional period of not more than 2 years.’’. 
(e) APPLICATIONS.—Sections 5117(b) is amended—
(1) by striking ‘‘an exemption’’ each place it ap-
pears and inserting ‘‘a special permit’’; and 
(2) by striking ‘‘the exemption’’ and inserting 
‘‘the special permit’’. 
(f) DEALING WITH APPLICATIONS PROMPTLY.—Sec-
tion 5117(c) is amended by striking ‘‘the exemption’’ each 
place it appears and inserting ‘‘the special permit’’. 
(g) LIMITATION ON AUTHORITY.—Section 5117(e) is 
amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘a 
special permit’’; and 
(2) by striking ‘‘be exempt’’ and inserting ‘‘be 
granted a variance’’. 
SEC. 7015. UNIFORM FORMS AND PROCEDURES. 
Section 5119 is amended to read as follows:
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‘‘§ 5119. Uniform forms and procedures 
‘‘(a) ESTABLISHMENT OF WORKING GROUP.—The 
Secretary shall establish a working group of State and 
local government officials, including representatives of the 
National Governors’ Association, the National Association 
of Counties, the National League of Cities, the United 
States Conference of Mayors, the National Conference of 
State Legislatures, and the Alliance for Uniform Hazmat 
Transportation Procedures. 
‘‘(b) PURPOSE OF WORKING GROUP.—The purpose 
of the working group shall be to establish uniform forms 
and procedures for a State to register, and to issue per-
mits to, persons that transport, or cause to be transported, 
hazardous material by motor vehicle in the State. 
‘‘(c) LIMITATION ON WORKING GROUP.—The work-
ing group may not propose to define or limit the amount 
of a fee a State may impose or collect. 
‘‘(d) PROCEDURE.—The Secretary shall develop a 
procedure by which the working group shall harmonize ex-
isting State registration and permit laws and regulations 
relating to the transportation of hazardous materials, with 
special attention paid to each State’s unique safety con-
cerns and interest in maintaining strong hazmat safety 
standards. 
‘‘(e) REPORT OF WORKING GROUP.—Not later than 
18 months after the date of enactment of this subsection,
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the working group shall transmit to the Secretary a report 
containing recommendations for establishing uniform 
forms and procedures described in subsection (b). 
‘‘(f) REGULATIONS.—Not later than 2 years after the 
date of enactment of this subsection, the Secretary shall 
issue regulations to carry out such recommendations of 
the working group as the Secretary considers appropriate. 
‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as prohibiting 
a State from voluntarily participating in a program of uni-
form forms and procedures until such time as the Sec-
retary issues regulations under subsection (f).’’. 
SEC. 7016. INTERNATIONAL UNIFORMITY OF STANDARDS 
AND REQUIREMENTS. 
(a) CONSULTATION.—Section 5120(b) is amended by 
inserting ‘‘and requirements’’ after ‘‘standards’’. 
(b) DIFFERENCES WITH INTERNATIONAL STAND-
ARDS AND REQUIREMENTS.—Section 5120(c) is amend-
ed—
(1) in paragraph (1) by inserting ‘‘or require-
ment’’ after ‘‘standard’’ each place it appears; and 
(2) in paragraph (2)—
(A) by inserting ‘‘standard or’’ before ‘‘re-
quirement’’ each place it appears; and 
(B) by striking ‘‘included in a standard’’.
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SEC. 7017. ADMINISTRATIVE. 
(a) GENERAL
AUTHORITY.—Section 5121(a) is 
amended—
(1) in the first sentence by inserting ‘‘conduct 
tests,’’ after ‘‘investigate,’’; 
(2) in the second sentence by striking ‘‘After’’ 
and inserting ‘‘Except as provided in subsections (c) 
and (d), after’’; and 
(3) by striking ‘‘regulation prescribed’’ and in-
serting ‘‘regulation, order, special permit, or ap-
proval issued’’. 
(b) RECORDS, REPORTS, AND INFORMATION.—Sec-
tion 5121(b) is amended—
(1) in paragraph (1) by inserting ‘‘and prop-
erty’’ after ‘‘records’’; and 
(2) in paragraph (2)—
(A) 
by 
inserting 
‘‘property,’’ 
after 
‘‘records,’’; 
(B) by inserting ‘‘for inspection’’ after 
‘‘available’’; and 
(C) by striking ‘‘requests’’ and inserting 
‘‘undertakes an investigation or makes a re-
quest’’. 
(c) ENHANCED AUTHORITY TO DISCOVER HIDDEN 
SHIPMENTS OF HAZARDOUS MATERIAL.—Section 5121(c) 
is amended to read as follows:
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‘‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) IN GENERAL.—A designated officer, em-
ployee, or agent of the Secretary—
‘‘(A) may inspect and investigate, at a rea-
sonable time and in a reasonable manner, 
records and property relating to a function de-
scribed in section 5103(b)(1); 
‘‘(B) except in the case of packaging im-
mediately adjacent to its hazardous material 
contents, may gain access to, open, and exam-
ine a package offered for, or in, transportation 
when the officer, employee, or agent has an ob-
jectively reasonable and articulable belief that 
the package may contain a hazardous material; 
‘‘(C) may remove from transportation a 
package or related packages in a shipment of-
fered for or in transportation for which—
‘‘(i) such officer, employee, or agent 
has 
an 
objectively 
reasonable 
and 
articulable belief that the package may 
pose an imminent hazard; and 
‘‘(ii) such officer, employee, or agent 
contemporaneously documents such belief 
in accordance with procedures set forth in
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guidance or regulations prescribed under 
subsection (e); 
‘‘(D) may gather information from the of-
feror, carrier, packaging manufacturer or re-
tester, or other person responsible for the pack-
age, to ascertain the nature and hazards of the 
contents of the package; 
‘‘(E) as necessary, under terms and condi-
tions specified by the Secretary, may order the 
offeror, carrier, packaging manufacturer or re-
tester, or other person responsible for the pack-
age to have the package transported to, opened, 
and the contents examined and analyzed, at a 
facility appropriate for the conduct of such ex-
amination and analysis; and 
‘‘(F) when safety might otherwise be com-
promised, may authorize properly qualified per-
sonnel to assist in the activities conducted 
under this subsection. 
‘‘(2) DISPLAY
OF
CREDENTIALS.—An officer, 
employee, or agent acting under this subsection shall 
display proper credentials when requested. 
‘‘(3) 
SAFE
RESUMPTION
OF
TRANSPOR-
TATION.—In instances when, as a result of an in-
spection or investigation under this subsection, an
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imminent hazard is not found to exist, the Sec-
retary, in accordance with procedures set forth in 
regulations prescribed under subsection (e), shall as-
sist—
‘‘(A) in the safe resumption of transpor-
tation of the package concerned; or 
‘‘(B) in any case in which the hazardous 
material being transported is perishable, in the 
safe and expeditious resumption of transpor-
tation of the perishable hazardous material.’’. 
(d) EMERGENCY AUTHORITY FOR HAZARDOUS MA-
TERIAL TRANSPORTATION.—Section 5121 is amended—
(1) by redesignating subsections (d) and (e) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) IN GENERAL.—If, upon inspection, inves-
tigation, testing, or research, the Secretary deter-
mines that either a violation of a provision of this 
chapter or a regulation issued under this chapter, or 
an unsafe condition or practice, constitutes or is 
causing an imminent hazard, the Secretary may 
issue an emergency order, without notice or the op-
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portunity for a hearing, but only to the extent nec-
essary to abate the imminent hazard. 
‘‘(2) WRITTEN ORDERS.—An emergency order 
issued under paragraph (1) shall be in writing, de-
scribe the violation, condition, or practice that is 
causing the imminent hazard, and state the restric-
tions, prohibitions, recalls, or out-of-service orders 
issued. The emergency order also shall describe the 
standards and procedures for obtaining relief from 
the order. 
‘‘(3) 
OPPORTUNITY
FOR
REVIEW.—After 
issuing an emergency order under paragraph (1), 
the Secretary shall provide an opportunity for review 
of the order under section 554 of title 5 if a petition 
for review is filed within 20 calendar days after the 
date of issuance of the order. 
‘‘(4) EXPIRATION
OF
EFFECTIVENESS
OF 
EMERGENCY ORDER.—If a petition for review is filed 
for an order and the review is not completed by the 
end of the 30-day period beginning on the date the 
petition was filed, the order shall cease to be effec-
tive at the end of that period unless the Secretary 
determines in writing that the emergency situation 
still exists. 
‘‘(e) REGULATIONS.—
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‘‘(1) TEMPORARY
REGULATIONS.—Not later 
than 60 days after the date of enactment of the 
Transportation Equity Act: A Legacy for Users, the 
Secretary shall issue temporary regulations to carry 
out subsections (c) and (d). The temporary regula-
tions shall expire on the date of issuance of the reg-
ulations under paragraph (2). 
‘‘(2) FINAL REGULATIONS.—Not later than 1 
year after such date of enactment, the Secretary 
shall issue regulations to carry out subsections (c) 
and (d) in accordance with subchapter II of chapter 
5 of title 5.’’. 
(e) REPORT.—Section 5121(g) (as redesignated by 
subsection (d)(1) of this section) is amended—
(1) in the matter preceding paragraph (1) by 
striking ‘‘submit to the President for transmittal to 
the Congress’’ and inserting ‘‘transmit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate’’; and 
(2) in paragraph (4) by inserting ‘‘relating to a 
function regulated by the Secretary under section 
5103(b)(1)’’ after ‘‘activities’’.
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(f) REPEAL
OF
OBSOLETE
PROVISION.—Section 
5118, and the item relating to such section in the analysis 
for chapter 51, are repealed. 
SEC. 7018. ENFORCEMENT. 
(a) GENERAL.—Section 5122(a) is amended by strik-
ing the second sentence and inserting ‘‘The court may 
award appropriate relief, including a temporary or perma-
nent injunction, punitive damages, and assessment of civil 
penalties considering the same penalty amounts and fac-
tors as prescribed for the Secretary in an administrative 
case under section 5123.’’. 
(b) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is 
amended by striking ‘‘or ameliorate the’’ and inserting ‘‘or 
mitigate the’’. 
SEC. 7019. CIVIL PENALTY. 
(a) PENALTY.—Section 5123(a) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘regulation prescribed or 
order issued’’ and inserting ‘‘regulation, order, 
special permit, or approval issued’’; and 
(B) by striking ‘‘$25,000’’ and inserting 
‘‘$50,000’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and
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(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) If the Secretary finds that a violation under 
paragraph (1) results in death, serious illness, or severe 
injury to any person or substantial destruction of prop-
erty, the Secretary may increase the amount of the civil 
penalty for such violation to not more than $100,000.’’. 
(b) HEARING REQUIREMENT.—Section 5123(b) is 
amended by striking ‘‘regulation prescribed’’ and inserting 
‘‘regulation, order, special permit, or approval issued’’. 
(c) CIVIL ACTIONS TO COLLECT.—Section 5123(d) 
is amended by adding at the end the following: ‘‘In such 
action, the validity, amount, and appropriateness of the 
civil penalty shall not be subject to review.’’. 
(d) COMPROMISE.—Section 5123(e) is amended by 
striking ‘‘before referral to the Attorney General’’. 
SEC. 7020. CRIMINAL PENALTY. 
Section 5124 is amended to read as follows: 
‘‘§ 5124. Criminal penalty 
‘‘(a) IN GENERAL.—A person knowingly violating 
section 5104(b) or willfully or recklessly violating this 
chapter or a regulation, order, special permit, or approval 
issued under this chapter shall be fined under title 18, 
imprisoned for not more than 5 years, or both; except that 
the maximum amount of imprisonment shall be 10 years
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in any case in which the violation involves the release of 
a hazardous material that results in death or bodily injury 
to any person. 
‘‘(b) KNOWING VIOLATIONS.—For purposes of this 
section—
‘‘(1) a person acts knowingly when—
‘‘(A) the person has actual knowledge of 
the facts giving rise to the violation; or 
‘‘(B) a reasonable person acting in the cir-
cumstances and exercising reasonable care 
would have that knowledge; and 
‘‘(2) knowledge of the existence of a statutory 
provision, or a regulation or a requirement required 
by the Secretary, is not an element of an offense 
under this section. 
‘‘(c) WILLFUL VIOLATIONS.—For purposes of this 
section, a person acts willfully when—
‘‘(1) the person has knowledge of the facts giv-
ing rise to the violation; and 
‘‘(2) the person has knowledge that the conduct 
was unlawful. 
‘‘(d) RECKLESS VIOLATIONS.—For purposes of this 
section, a person acts recklessly when the person displays 
a deliberate indifference or conscious disregard to the con-
sequences of that person’s conduct.’’.