H. R. 4348—432 
‘‘(B) identifying and evaluating new technologies to 
facilitate the safe, secure, and efficient transportation of 
hazardous material. 
‘‘(2) COORDINATION.—In developing the program under 
paragraph (1), the Secretary shall— 
‘‘(A) utilize information gathered from other modal 
administrations with similar programs; and 
‘‘(B) coordinate with other modal administrations, as 
appropriate. 
‘‘(b) COOPERATION.—In carrying out subsection (a), the Sec-
retary shall work cooperatively with regulated and other entities, 
including shippers, carriers, emergency responders, State and local 
officials, and academic institutions.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 51 is amended by inserting after the item relating to 
section 5117 the following: 
‘‘5118. Hazardous material technical assessment, research and development, and 
analysis program.’’. 
SEC. 33008. HAZARDOUS MATERIAL ENFORCEMENT TRAINING. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall develop uniform 
performance standards for training hazardous material inspectors 
and investigators on— 
(1) how to collect, analyze, and publish findings from 
inspections and investigations of accidents or incidents 
involving the transportation of hazardous material; and 
(2) how to identify noncompliance with regulations issued 
under chapter 51 of title 49, United States Code, and take 
appropriate enforcement action. 
(b) STANDARDS AND GUIDELINES.—The Secretary may develop— 
(1) guidelines for hazardous material inspector and investi-
gator qualifications; 
(2) best practices and standards for hazardous material 
inspector and investigator training programs; and 
(3) standard protocols to coordinate investigation efforts 
among Federal, State, and local jurisdictions on accidents or 
incidents involving the transportation of hazardous material. 
(c) AVAILABILITY.—The standards, protocols, and guidelines 
established under this section— 
(1) shall be mandatory for— 
(A) the Department of Transportation’s multimodal 
personnel conducting hazardous material enforcement 
inspections or investigations; and 
(B) State employees who conduct federally funded 
compliance reviews, inspections, or investigations; and 
(2) shall be made available to Federal, State, and local 
hazardous material safety enforcement personnel. 
SEC. 33009. INSPECTIONS. 
(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:
H. R. 4348—433 
‘‘(G) shall provide to the affected offeror, carrier, pack-
aging manufacturer or tester, or other person responsible 
for the package reasonable notice of— 
‘‘(i) his or her decision to exercise his or her 
authority under paragraph (1); 
‘‘(ii) any findings made; and 
‘‘(iii) any actions being taken as a result of a 
finding of noncompliance.’’. 
(b) REGULATIONS.— 
(1) MATTERS
TO
BE
ADDRESSED.—Section 5121(e) is 
amended by adding at the end the following: 
‘‘(3) MATTERS TO BE ADDRESSED.—The regulations issued 
under this subsection shall address— 
‘‘(A) the safe and expeditious resumption of transpor-
tation of perishable hazardous material, including radio-
pharmaceuticals and other medical products, that may 
require timely delivery due to life-threatening situations; 
‘‘(B) the means by which— 
‘‘(i) noncompliant packages that present an 
imminent hazard are placed out-of-service until the 
condition is corrected; and 
‘‘(ii) noncompliant packages that do not present 
a hazard are moved to their final destination; 
‘‘(C) appropriate training and equipment for inspectors; 
and 
‘‘(D) the proper closure of packaging in accordance 
with the hazardous material regulations.’’. 
(2) FINALIZING REGULATIONS.—In accordance with section 
5103(b)(2) of title 49, United States Code, not later than 1 
year after the date of enactment of this Act, the Secretary 
shall take all actions necessary to finalize a regulation under 
paragraph (1) of this subsection. 
(c) GRANTS AND COOPERATIVE AGREEMENTS.—Section 5121(g)(1) 
is amended by inserting ‘‘safety and’’ before ‘‘security’’. 
SEC. 33010. CIVIL PENALTIES. 
Section 5123 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘at least $250 but’’; and 
(ii) by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’; 
(B) in paragraph (2), by striking ‘‘$100,000’’ and 
inserting ‘‘$175,000’’; and 
(C) by amending paragraph (3) to read as follows: 
‘‘(3) If the violation is related to training, a person described 
in paragraph (1) shall be liable for a civil penalty of at least 
$450.’’; and 
(2) by adding at the end the following: 
‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS AND INVESTIGA-
TIONS.— 
‘‘(1) The Secretary may impose a penalty on a person 
who obstructs or prevents the Secretary from carrying out 
inspections or investigations under subsection (c) or (i) of section 
5121. 
‘‘(2) For the purposes of this subsection, the term ‘obstructs’ 
means actions that were known, or reasonably should have 
been known, to prevent, hinder, or impede an investigation.
H. R. 4348—434 
‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPERATIONS AFTER 
NONPAYMENT OF PENALTIES.— 
‘‘(1) IN
GENERAL.—Except as provided under paragraph 
(2), a person subject to the jurisdiction of the Secretary under 
this chapter who fails to pay a civil penalty assessed under 
this chapter, or fails to arrange and abide by an acceptable 
payment plan for such civil penalty, may not conduct any 
activity regulated under this chapter beginning on the 91st 
day after the date specified by order of the Secretary for pay-
ment of such penalty unless the person has filed a formal 
administrative or judicial appeal of the penalty. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any per-
son who is unable to pay a civil penalty because such person 
is a debtor in a case under chapter 11 of title 11. 
‘‘(3) RULEMAKING.—Not later than 2 years after the date 
of enactment of this subsection, the Secretary, after providing 
notice and an opportunity for public comment, shall issue regu-
lations that— 
‘‘(A) set forth procedures to require a person who is 
delinquent in paying civil penalties to cease any activity 
regulated under this chapter until payment has been made 
or an acceptable payment plan has been arranged; and 
‘‘(B) ensures that the person described in subparagraph 
(A)— 
‘‘(i) is notified in writing; and 
‘‘(ii) is given an opportunity to respond before the 
person is required to cease the activity.’’. 
SEC. 33011. REPORTING OF FEES. 
Section 5125(f)(2) is amended by striking ‘‘, upon the Secretary’s 
request,’’ and inserting ‘‘biennially’’. 
SEC. 33012. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS. 
(a) RULEMAKING.—Not later than 2 years after the date of 
enactment of this Act, the Secretary, after providing notice and 
an opportunity for public comment, shall issue regulations that 
establish— 
(1) standard operating procedures to support administra-
tion of the special permit and approval programs; and 
(2) objective criteria to support the evaluation of special 
permit and approval applications. 
(b) REVIEW OF SPECIAL PERMITS.— 
(1) REVIEW.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall conduct a review and 
analysis of special permits that have been in continuous effect 
for a 10-year period to determine which special permits may 
be converted into the hazardous materials regulations. 
(2) FACTORS.—In conducting the review and analysis under 
paragraph (1), the Secretary may consider— 
(A) the safety record for hazardous materials trans-
ported under the special permit; 
(B) the application of a special permit; 
(C) the suitability of provisions in the special permit 
for incorporation into the hazardous materials regulations; 
and 
(D) rulemaking activity in related areas. 
(3) RULEMAKING.—After completing the review and analysis 
under paragraph (1), but not later than 3 years after the
H. R. 4348—435 
date of enactment of this Act, and after providing notice and 
opportunity for public comment, the Secretary shall issue regu-
lations to incorporate into the hazardous materials regulations 
any special permits identified in the review under paragraph 
(1) that the Secretary determines are appropriate for incorpora-
tion, based on the factors identified in paragraph (2). 
(c) 
INCORPORATION
INTO
REGULATION.—Section 
5117 
is 
amended by adding at the end the following: 
‘‘(f) INCORPORATION INTO REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
on which a special permit has been in continuous effect for 
a 10-year period, the Secretary shall conduct a review and 
analysis of that special permit to determine whether it may 
be converted into the hazardous materials regulations. 
‘‘(2) FACTORS.—In conducting the review and analysis 
under paragraph (1), the Secretary may consider— 
‘‘(A) the safety record for hazardous materials trans-
ported under the special permit; 
‘‘(B) the application of a special permit; 
‘‘(C) the suitability of provisions in the special permit 
for incorporation into the hazardous materials regulations; 
and 
‘‘(D) rulemaking activity in related areas. 
‘‘(3) RULEMAKING.—After completing the review and anal-
ysis under paragraph (1) and after providing notice and oppor-
tunity for public comment, the Secretary shall either institute 
a rulemaking to incorporate the special permit into the haz-
ardous materials regulations or publish in the Federal Register 
the Secretary’s justification for why the special permit is not 
appropriate for incorporation into the regulations.’’. 
SEC. 33013. HIGHWAY ROUTING DISCLOSURES. 
(a) 
LIST
OF
ROUTE
DESIGNATIONS.—Section 
5112(c) 
is 
amended— 
(1) by striking ‘‘In coordination’’ and inserting the following: 
‘‘(1) IN GENERAL.—In coordination’’; and 
(2) by adding at the end the following: 
‘‘(2) STATE RESPONSIBILITIES.— 
‘‘(A) IN GENERAL.—Each State shall submit to the Sec-
retary, in a form and manner to be determined by the 
Secretary and in accordance with subparagraph (B)— 
‘‘(i) the name of the State agency responsible for 
hazardous material highway route designations; and 
‘‘(ii) a list of the State’s currently effective haz-
ardous material highway route designations. 
‘‘(B) 
FREQUENCY.—Each 
State 
shall 
submit 
the 
information described in subparagraph (A)(ii)— 
‘‘(i) at least once every 2 years; and 
‘‘(ii) not later than 60 days after a hazardous mate-
rial 
highway 
route 
designation 
is 
established, 
amended, or discontinued.’’. 
(b) COMPLIANCE WITH SECTION 5112.—Section 5125(c)(1) is 
amended by inserting ‘‘, and is published in the Department’s 
hazardous materials route registry under section 5112(c)’’ before 
the period at the end.