CHAPTER 51 -- TRANSPORTATION OF HAZARDOUS MATERIAL                
        Sec.                                                                   
        5101.  Purpose.                                                        
        5102.  Definitions.                                                    
        5103.  General regulatory authority.                                   
        5104.  Representation and tampering.                                   
        5105.  Transporting certain highly radioactive material.               
        5106.  Handling criteria.                                              
        5107.  Hazmat employee training requirements and grants.               
        5108.  Registration.                                                   
        5109.  Motor carrier safety permits.                                   
        5110.  Shipping papers and disclosure.                                 
        5111.  Rail tank cars.                                                 
        5112.  Highway routing of hazardous material.                          
        5113.  Unsatisfactory safety rating.                                   
        5114.  Air transportation of ionizing radiation material.              
        5115.  Training curriculum for the public sector.                      
        5116.  Planning and training grants, monitoring, and review.           
        5117.  Exemptions and exclusions.                                      
        5118.  Inspectors.                                                     
        5119.  Uniform forms and procedures.                                   
        5120.  International uniformity of standards and requirements.         
        5121.  Administrative.                                                 
        5122.  Enforcement.                                                    
        5123.  Civil penalty.                                                  
        5124.  Criminal penalty.                                               
        5125.  Preemption.                                                     
        5126.  Relationship to other laws.                                     
        5127.  Authorization of appropriations.                                
                                                                               
      Sec. 5101. Purpose                                                       
            The purpose of this chapter is to provide adequate                 
      protection against the risks to life and property inherent in the        
      transportation of hazardous material in commerce by improving the        
      regulatory and enforcement authority of the Secretary of                 
      Transportation.                                                          
                                                                               
      Sec. 5102. Definitions                                                   
            In this chapter --                                                 
                (1) "commerce" means trade or transportation in the            
            jurisdiction of  the United States --                              
                    (A) between a place in a State and a place outside         
                of the State;  or                                              
                    (B) that affects trade or transportation between a         
                place in a State and a place outside of the State.             
                (2) "hazardous material" means a substance or material         
            the Secretary of Transportation designates under section           
            5103(a) of this title.                                             
                (3) "hazmat employee" --                                       
                    (A) means an individual --                                 
                        (i) employed by a hazmat employer; and                 
                        (ii) who during the course of employment               
                    directly affects hazardous material transportation         
                    safety as the Secretary decides by regulation;             
                    (B) includes an owner-operator of a motor vehicle          
                transporting hazardous material in commerce; and               
                    (C) includes an individual, employed by a hazmat           
                employer, who during the course of employment --               
                        (i) loads, unloads, or handles hazardous               
                    material;                                                  
                        (ii) manufactures, reconditions, or tests              
                    containers, drums, and packages represented as             
                    qualified for use in transporting hazardous                
                    material;                                                  
                        (iii) prepares hazardous material for                  
                    transportation;                                            
                        (iv) is responsible for the safety of                  
                    transporting hazardous material; or                        
                        (v) operates a vehicle used to transport               
                    hazardous material.                                        
                (4) "hazmat employer" --                                       
                    (A) means a person using at least one employee of          
                that person in connection with --                              
                        (i) transporting hazardous material in                 
                    commerce;                                                  
                        (ii) causing hazardous material to be                  
                    transported in commerce; or                                
                        (iii) manufacturing, reconditioning, or testing        
                    containers, drums, and packages represented as             
                    qualified for use in transporting hazardous                
                    material;                                                  
                    (B) includes an owner-operator of a motor vehicle          
                transporting hazardous material in commerce; and               
                    (C) includes a department, agency, or                      
                instrumentality of the United States Government, or an         
                authority of a State, political subdivision of a State,        
                or Indian tribe, carrying out an activity described in         
                subclause (A)(i), (ii), or (iii) of this clause (4).           
                (5) "imminent hazard" means the existence of a                 
            condition that presents a substantial likelihood that              
            death, serious illness, severe personal injury, or a               
            substantial endangerment to health, property, or the               
            environment may occur before the reasonably foreseeable            
            completion date of a formal proceeding begun to lessen             
            the risk of that death, illness, injury, or                        
            endangerment.                                                      
                (6) "Indian tribe" has the same meaning given that term        
            in section 4 of the Indian Self-Determination and                  
            Education Assistance Act (25 U.S.C. 450b).                         
                (7) "motor carrier" means a motor common carrier, motor        
            contract carrier, motor private carrier, and freight               
            forwarder as those terms are defined in section 10102 of           
            this title.                                                        
                (8) "national response team" means the national                
            response team established under the national contingency           
            plan established under section 105 of the Comprehensive            
            Environmental Response, Compensation, and Liability Act            
            of 1980 (42 U.S.C. 9605).                                          
                (9) "person", in addition to its meaning under section         
            1 of title 1 --                                                    
                    (A) includes a government, Indian tribe, or                
                authority of a government or tribe offering hazardous          
                material for transportation in commerce or transporting        
                hazardous material to further a commercial enterprise;         
                but                                                            
                    (B) does not include --                                    
                        (i) the United States Postal Service; and              
                        (ii) in sections 5123 and 5124 of this title, a        
                    department, agency, or instrumentality of the              
                    Government.                                                
                (10) "public sector employee" --                               
                    (A) means an individual employed by a State,               
                political subdivision of a State, or Indian tribe and          
                who during the course of employment has                        
                responsibilities related to responding to an accident          
                or incident involving the transportation of hazardous          
                material;                                                      
                    (B) includes an individual employed by a State,            
                political subdivision of a State, or Indian tribe as a         
                firefighter or law enforcement officer; and                    
                    (C) includes an individual who volunteers to serve         
                as a firefighter for a State, political subdivision of         
                a State, or Indian tribe.                                      
                (11) "State" means --                                          
                    (A) except in section 5119 of this title, a State          
                of the United States, the District of Columbia, Puerto         
                Rico, the Northern Mariana Islands, the Virgin Islands,        
                American Samoa, Guam, and any other territory or               
                possession of the United States designated by the              
                Secretary; and                                                 
                    (B) in section 5119 of this title, a State of the          
                United States and the District of Columbia.                    
                (12) "transports" or "transportation" means the                
            movement of property and loading, unloading, or storage            
            incidental to the movement.                                        
                (13) "United States" means all of the States.                  
                                                                               
      Sec. 5103. General regulatory authority                                  
            (a) Designating Material as Hazardous. -- The Secretary of         
      Transportation shall designate material (including an explosive,         
      radioactive material, etiologic agent, flammable or combustible          
      liquid or solid, poison, oxidizing or corrosive material, and            
      compressed gas) or a group or class of material as hazardous when        
      the Secretary decides that transporting the material in                  
      commerce in a particular amount and form may pose an unreasonable        
      risk to health and safety or property.                                   
            (b) Regulations for Safe Transportation. -- (1) The                
      Secretary shall prescribe regulations for the safe transportation        
      of hazardous material in  intrastate, interstate, and foreign            
      commerce.  The regulations --                                            
                (A) apply to a person --                                       
                    (i) transporting hazardous material in commerce;           
                    (ii) causing hazardous material to be transported          
                in commerce; or                                                
                    (iii) manufacturing, fabricating, marking,                 
                maintaining, reconditioning, repairing, or testing a           
                package or container that is represented, marked,              
                certified, or sold by that person as qualified for use         
                in transporting hazardous material in commerce; and            
                (B) shall govern safety aspects of the transportation          
            of hazardous material the Secretary considers appropriate.         
            (2) A proceeding to prescribe the regulations must include         
      an opportunity for informal oral presentations.                          
                                                                               
      Sec. 5104. Representation and tampering                                  
            (a) Representation. -- A person may represent, by marking          
      or otherwise, that --                                                    
                (1) a container or package for transporting hazardous          
            material is safe, certified, or complies with this chapter         
            only if the container or package meets the requirements of         
            each regulation prescribed under this chapter; or                  
                (2) hazardous material is present in a package,                
            container, motor vehicle, rail freight car, aircraft, or           
            vessel only if the material is present.                            
            (b) Tampering. -- A person may not alter, remove, destroy,         
      or otherwise tamper unlawfully with --                                   
                (1) a marking, label, placard, or description on a             
            document required under this chapter or a regulation               
            prescribed under this chapter; or                                  
                (2) a package, container, motor vehicle, rail freight          
            car, aircraft, or vessel used to transport hazardous               
            material.                                                          
                                                                               
      Sec. 5105. Transporting certain highly radioactive material              
            (a) Definitions. -- In this section, "high-level                   
      radioactive waste" and "spent nuclear fuel" have the same                
      meanings given those terms in section 2 of the Nuclear Waste             
      Policy Act of 1982 (42 U.S.C. 10101).                                    
            (b) Transportation Safety Study. -- In consultation with           
      the Secretary of Energy, the Nuclear Regulatory Commission,              
      potentially affected States and Indian tribes, representatives of        
      the rail transportation industry, and shippers of high-level             
      radioactive waste and spent nuclear fuel, the Secretary of               
      Transportation shall conduct a study comparing the safety of             
      using trains operated only to transport high-level radioactive           
      waste and spent nuclear fuel with the safety of using other              
      methods of rail transportation for transporting that waste and           
      fuel.  The Secretary of Transportation shall submit to Congress          
      not later than November 16, 1991, a report on the results of the         
      study.                                                                   
            (c) Safe Rail Transportation Regulations. -- Not later than        
      November 16, 1992, after considering the results of the study            
      conducted under subsection (b) of this section, the Secretary of         
      Transportation shall prescribe amendments to existing regulations        
      that the Secretary considers appropriate to provide for the safe         
      rail transportation of high-level radioactive waste and spent            
      nuclear fuel, including trains operated only for transporting            
      high-level radioactive waste and spent nuclear fuel.                     
            (d) Routes and Modes Study. -- Not later than November 16,         
      1991, the Secretary of Transportation shall conduct a study to           
      decide which factors, if any, shippers and carriers should               
      consider when selecting routes and modes that would enhance              
      overall public safety related to the transportation of high-level        
      radioactive waste and spent nuclear fuel.  The study shall               
      include --                                                               
                (1) notice and opportunity for public comment; and             
                (2) an assessment of the degree to which at least the          
            following affect the overall public safety of the                  
            transportation:                                                    
                    (A) population densities.                                  
                    (B) types and conditions of modal infrastructures          
                (including highways, railbeds, and waterways).                 
                    (C) quantities of high-level radioactive waste and         
                spent nuclear fuel.                                            
                    (D) emergency response capabilities.                       
                    (E) exposure and other risk factors.                       
                    (F) terrain considerations.                                
                    (G) continuity of routes.                                  
                    (H) available alternative routes.                          
                    (I) environmental impact factors.                          
            (e) Inspections of Motor Vehicles Transporting Certain             
      Material. -- (1) Not later than November 16, 1991, the Secretary         
      of Transportation shall require by regulation that before each           
      use of a motor vehicle to transport a highway-route-controlled           
      quantity of radioactive material in commerce, the vehicle                
      shall be inspected and certified as complying with this chapter          
      and applicable United States motor carrier safety laws and               
      regulations.  The Secretary may require that the inspection be           
      carried out by an authorized United States Government inspector          
      or according to appropriate State procedures.                            
            (2) The Secretary of Transportation may allow a person,            
      transporting or causing to be transported a                              
      highway-route-controlled quantity of radioactive material, to            
      inspect the motor vehicle used to transport the material and to          
      certify that the vehicle complies with this chapter.  The                
      inspector qualification requirements the Secretary prescribes for        
      an individual inspecting a motor vehicle apply to an individual          
      conducting an inspection under this paragraph.                           
                                                                               
      Sec. 5106. Handling criteria                                             
            The Secretary of Transportation may prescribe criteria for         
      handling hazardous material, including --                                
                (1) a minimum number of personnel;                             
                (2) minimum levels of training and qualifications for          
            personnel;                                                         
                (3) the kind and frequency of inspections;                     
                (4) equipment for detecting, warning of, and                   
            controlling risks posed by the hazardous material;                 
                (5) specifications for the use of equipment and                
            facilities used in handling and transporting the hazardous         
            material; and                                                      
                (6) a system of monitoring safety procedures for               
            transporting the hazardous material.                               
                                                                               
      Sec. 5107. Hazmat employee training requirements and grants              
            (a) Training Requirements. -- The Secretary of                     
      Transportation shall prescribe by regulation requirements for            
      training that a hazmat employer must give hazmat employees of the        
      employer on the safe loading, unloading, handling, storing, and          
      transporting of hazardous material and emergency preparedness for        
      responding to an accident or incident involving the                      
      transportation of hazardous material.  The regulations --                
                (1) shall establish the date, as provided by subsection        
            (b) of this  section, by which the training shall be               
            completed; and                                                     
                (2) may provide for different training for different           
            classes or categories of hazardous material and hazmat             
            employees.                                                         
            (b) Beginning and Completing Training. -- A hazmat employer        
      shall begin the training of hazmat employees of the employer not         
      later than 6 months after the Secretary of Transportation                
      prescribes the regulations under subsection (a) of this section.         
      The training shall be completed within a reasonable period of            
      time after --                                                            
                (1) 6 months after the regulations are prescribed; or          
                (2) the date on which an individual is to begin                
            carrying out a duty or power of a hazmat employee if the           
            individual is employed as a hazmat employee after the              
            6-month period.                                                    
            (c) Certification of Training. -- After completing the             
      training, each hazmat employer shall certify, with documentation         
      the Secretary of Transportation may require by regulation, that          
      the hazmat employees of the employer have received training and          
      have been tested on appropriate transportation areas of                  
      responsibility, including at least one of the following:                 
                (1) recognizing and understanding the Department of            
            Transportation hazardous material classification system.           
                (2) the use and limitations of the Department hazardous        
            material placarding, labeling, and marking systems.                
                (3) general handling procedures, loading and unloading         
            techniques, and strategies to reduce the probability of            
            release or damage during or incidental to transporting             
            hazardous material.                                                
                (4) health, safety, and risk factors associated with           
            hazardous material and the transportation of hazardous             
            material.                                                          
                (5) appropriate emergency response and communication           
            procedures for dealing with an accident or incident                
            involving hazardous material transportation.                       
                (6) the use of the Department Emergency Response               
            Guidebook and recognition of its limitations or the use of         
            equivalent documents and recognition of the limitations of         
            those documents.                                                   
                (7) applicable hazardous material transportation               
            regulations.                                                       
                (8) personal protection techniques.                            
                (9) preparing a shipping document for transporting             
            hazardous material.                                                
            (d) Coordination of Training Requirements. -- In                   
      consultation with the Administrator of the Environmental                 
      Protection Agency and the Secretary of Labor, the Secretary of           
      Transportation shall ensure that the training requirements               
      prescribed under this section do not conflict with --                    
                (1) the requirements of regulations the Secretary of           
            Labor prescribes related to hazardous waste operations and         
            emergency response that are contained in part 1910 of title        
            29, Code of Federal Regulations; and                               
                (2) the regulations the Agency prescribes related to           
            worker protection standards for hazardous waste operations         
            that are contained in part 311 of title 40, Code of Federal        
            Regulations.                                                       
            (e) Training Grants. -- In consultation with the                   
      Secretaries of Transportation and Labor and the Administrator,           
      the Director of the National Institute of Environmental Health           
      Sciences may make grants to train hazmat employees under this            
      section.  A grant under this subsection shall be made to a               
      nonprofit organization that demonstrates --                              
                (1) expertise in conducting a training program for             
            hazmat employees; and                                              
                (2) the ability to reach and involve in a training             
            program a target population of hazmat employees.                   
            (f) Relationship to Other Laws. -- (1) Chapter 35 of title         
      44 does not apply to an activity of the Secretary of                     
      Transportation under subsections (a)-(d) of this section.                
            (2) An action of the Secretary of Transportation under             
      subsections (a)-(d) of this section and sections 5106,                   
      5108(a)-(g)(1) and (h), and 5109 of this title is not an                 
      exercise, under section 4(b)(1) of the Occupational Safety and           
      Health Act of 1970 (29 U.S.C. 653(b)(1)), of statutory authority         
      to prescribe or enforce standards or regulations affecting               
      occupational safety or health.                                           
                                                                               
      Sec. 5108. Registration                                                  
            (a) Persons Required to File. -- (1) A person shall file a         
      registration statement with the Secretary of Transportation under        
      this subsection if the person is transporting or causing to be           
      transported in commerce any of the following:                            
                (A) a highway-route-controlled quantity of radioactive         
            material.                                                          
                (B) more than 25 kilograms of a class A or B explosive         
            in a motor vehicle, rail car, or transport container.              
                (C) more than one liter in each package of a hazardous         
            material the Secretary designates as extremely toxic by            
            inhalation.                                                        
                (D) hazardous material in a bulk package, container, or        
            tank, as defined by the Secretary, if the package,                 
            container, or tank has a capacity of at least 3,500 gallons        
            or more than 468 cubic feet.                                       
                (E) a shipment of at least 5,000 pounds (except in a           
            bulk packaging) of a class of hazardous material for which         
            placarding of a vehicle, rail car, or freight container is         
            required under regulations prescribed under this chapter.          
            (2) The Secretary of Transportation may require any of the         
      following persons to file a registration statement with the              
      Secretary under this subsection:                                         
                (A) a person transporting or causing to be transported         
            hazardous material in commerce and not required to file a          
            registration statement under paragraph (1) of this                 
            subsection.                                                        
                (B) a person manufacturing, fabricating, marking,              
            maintaining, reconditioning, repairing, or testing a               
            package or container the person represents, marks,                 
            certifies, or sells for use in transporting in commerce            
            hazardous material the Secretary designates.                       
            (3) A person required to file a registration statement             
      under this subsection may transport or cause to be transported,          
      or manufacture, fabricate, mark, maintain, recondition, repair,          
      or test a package or container for use in transporting, hazardous        
      material, only if the person has a statement on file as required         
      by this subsection.                                                      
            (b) Form, Contents, and Limitation on Filings. -- (1) A            
      registration statement under subsection (a) of this section shall        
      be in the form and contain information the Secretary of                  
      Transportation requires by regulation.  The Secretary may use            
      existing forms of the Department of Transportation and the               
      Environmental Protection Agency to carry out this subsection.            
      The statement shall include --                                           
                (A) the name and principal place of business of the            
            registrant;                                                        
                (B) a description of each activity the registrant              
            carries out for which filing a statement under subsection          
            (a) of this section is required; and                               
                (C) each State in which the person carries out the             
            activity.                                                          
            (2) A person carrying out more than one activity, or an            
      activity at more than one location, for which filing is required         
      only has to file one registration statement to comply with               
      subsection (a) of this section.                                          
            (c) Filing Deadlines and Amendments. -- (1) Each person            
      required to file a registration statement under subsection (a) of        
      this section must file the first statement not later than March          
      31, 1992.  The Secretary of Transportation may extend that date          
      to September 30, 1992, for activities referred to in subsection          
      (a)(1) of this section.  A person shall renew the statement              
      periodically consistent with regulations the Secretary                   
      prescribes, but not more than once each year and not less than           
      once every 5 years.                                                      
            (2) The Secretary of Transportation shall decide by                
      regulation when and under what circumstances a registration              
      statement must be amended and the procedures to follow in                
      amending the statement.                                                  
            (d) Simplifying the Registration Process. -- The Secretary         
      of Transportation may take necessary action to simplify the              
      registration process under subsections (a)-(c) of this section           
      and to minimize the number of applications, documents, and other         
      information a person is required to file under this chapter and          
      other laws of the United States.                                         
            (e) Cooperation With Administrator. -- The Administrator of        
      the Environmental Protection Agency shall assist the Secretary of        
      Transportation in carrying out subsections (a)-(g)(1) and (h) of         
      this section by providing the Secretary with information the             
      Secretary requests to carry out the objectives of subsections            
      (a)-(g)(1) and (h).                                                      
            (f) Availability of Statements. -- The Secretary of                
      Transportation shall make a registration statement filed under           
      subsection (a) of this section available for inspection by any           
      person for a fee the Secretary establishes.  However, this               
      subsection does not require the release of information described         
      in section 552(f) of title 5 or otherwise protected by law from          
      disclosure to the public.                                                
            (g) Fees. -- (1) The Secretary of Transportation may               
      establish, impose, and collect from a person required to file a          
      registration statement under subsection (a) of this section a fee        
      necessary to pay for the costs of the Secretary in processing the        
      statement.                                                               
            (2)(A) In addition to a fee established under paragraph (1)        
      of this subsection, the Secretary of Transportation shall                
      establish and impose by regulation and collect an annual fee.            
      Subject to subparagraph (B) of this paragraph, the fee shall be          
      at least $250 but not more than $5,000 from each person required         
      to file a registration statement under this section.  The                
      Secretary shall determine the amount of the fee under this               
      paragraph on at least one of the following:                              
                (i) gross revenue from transporting hazardous material.        
                (ii) the type of hazardous material transported or             
            caused to be transported.                                          
                (iii) the amount of hazardous material transported or          
            caused to be transported.                                          
                (iv) the number of shipments of hazardous material.            
                (v) the number of activities that the person carries           
            out for which filing a registration statement is required          
            under this section.                                                
                (vi) the threat to property, individuals, and the              
            environment from an accident or incident involving the             
            hazardous material transported or caused to be transported.        
                (vii) the percentage of gross revenue derived from             
            transporting hazardous material.                                   
                (viii) the amount to be made available to carry out            
            sections 5107(e), 5108(g)(2), 5115, and 5116 of this title.        
                (ix) other factors the Secretary considers appropriate.        
            (B) The Secretary of Transportation shall adjust the amount        
      being collected under this paragraph to reflect any unexpended           
      balance in the account established under section 5116(i) of this         
      title.  However, the Secretary is not required to refund any fee         
      collected under this paragraph.                                          
            (C) The Secretary of Transportation shall transfer to the          
      Secretary of the Treasury amounts the Secretary of Transportation        
      collects under this paragraph for deposit in the account the             
      Secretary of the Treasury establishes under section 5116(i) of           
      this title.                                                              
            (h) Maintaining Proof of Filing and Payment of Fees. -- The        
      Secretary of Transportation may prescribe regulations requiring a        
      person required to file a registration statement under subsection        
      (a) of this section to maintain proof of the filing and payment          
      of fees imposed under subsection (g) of this section.                    
            (i) Relationship to Other Laws. -- (1) Chapter 35 of title         
      44 does not apply to an activity of the Secretary of                     
      Transportation under subsections (a)-(g)(1) and (h) of this              
      section.                                                                 
            (2)(A) This section does not apply to an employee of a             
      hazmat employer.                                                         
            (B) Subsections (a)-(h) of this section do not apply to a          
      department, agency, or instrumentality of the United States              
      Government, an authority of a State or political subdivision of a        
      State, or an employee of a department, agency, instrumentality,          
      or authority carrying out official duties.                               
                                                                               
      Sec. 5109. Motor carrier safety permits                                  
            (a) Requirement. -- A motor carrier may transport or cause         
      to be transported by motor vehicle in commerce hazardous material        
      only if the carrier holds a safety permit the Secretary of               
      Transportation issues under this section authorizing the                 
      transportation and keeps a copy of the permit, or other proof of         
      its existence, in the vehicle.  The Secretary shall issue a              
      permit if the Secretary finds the carrier is fit, willing, and           
      able --                                                                  
                (1) to provide the transportation to be authorized by          
            the permit;                                                        
                (2) to comply with this chapter and regulations the            
            Secretary prescribes to carry out this chapter; and                
                (3) to comply with applicable United States motor              
            carrier safety laws and regulations and applicable minimum         
            financial responsibility laws and regulations.                     
            (b) Applicable Transportation. -- The Secretary shall              
      prescribe by regulation the hazardous material and amounts of            
      hazardous material to which this section applies.  However, this         
      section shall apply at least to transportation by a motor                
      carrier, in amounts the Secretary establishes, of --                     
                (1) a class A or B explosive;                                  
                (2) liquefied natural gas;                                     
                (3) hazardous material the Secretary designates as             
            extremely toxic by inhalation; and                                 
                (4) a highway-route-controlled quantity of radioactive         
            material, as defined by the Secretary.                             
            (c) Applications. -- A motor carrier shall file an                 
      application with the Secretary for a safety permit to provide            
      transportation under this section.  The Secretary may approve any        
      part of the application or deny the application.  The application        
      shall be under oath and contain information the Secretary                
      requires by regulation.                                                  
            (d) Amendments, Suspensions, and Revocations. -- (1) After         
      notice and an opportunity for a hearing, the Secretary may amend,        
      suspend, or revoke a safety permit, as provided by procedures            
      prescribed under subsection (e) of this section, when the                
      Secretary decides the motor carrier is not complying with a              
      requirement of this chapter, a regulation prescribed under this          
      chapter, or an applicable United States motor carrier safety law         
      or regulation or minimum financial responsibility law or                 
      regulation.  (2) If the Secretary decides an imminent hazard             
      exists, the Secretary may amend, suspend, or revoke a permit             
      before scheduling a hearing.                                             
            (e) Procedures. -- The Secretary shall prescribe by                
      regulation --                                                            
                (1) application procedures, including form, content,           
            and fees necessary to recover the complete cost of carrying        
            out this section;                                                  
                (2) standards for deciding the duration, terms, and            
            limitations of a safety permit;                                    
                (3) procedures to amend, suspend, or revoke a permit;          
            and                                                                
                (4) other procedures the Secretary considers                   
            appropriate to carry out this section.                             
            (f) Shipper Responsibility. -- A person offering hazardous         
      material for motor vehicle transportation in commerce may offer          
      the material to a motor carrier only if the carrier has a safety         
      permit issued under this section authorizing the transportation.         
            (g) Conditions. -- A motor carrier may provide                     
      transportation under a safety permit issued under this section           
      only if the carrier complies with conditions the Secretary finds         
      are required to protect public safety.                                   
            (h) Regulations. -- The Secretary shall prescribe                  
      regulations necessary to carry out this section not later than           
      November 16, 1991.                                                       
                                                                               
      Sec. 5110. Shipping papers and disclosure                                
            (a) Providing Shipping Papers. -- Each person offering for         
      transportation in commerce hazardous material to which the               
      shipping paper requirements of the Secretary of Transportation           
      apply shall provide to the carrier providing the transportation a        
      shipping paper that makes the disclosures the Secretary                  
      prescribes under subsection (b) of this section.                         
            (b) Considerations and Requirements. -- In carrying out            
      subsection (a) of this section, the Secretary shall consider and         
      may require --                                                           
                (1) a description of the hazardous material, including         
            the proper shipping name;                                          
                (2) the hazard class of the hazardous material;                
                (3) the identification number (UN/NA) of the hazardous         
            material;                                                          
                (4) immediate first action emergency response                  
            information or a way for appropriate reference to the              
            information (that must be available immediately); and              
                (5) a telephone number for obtaining more specific             
            handling and mitigation information about the hazardous            
            material at any time during which the material is                  
            transported.                                                       
            (c) Keeping Shipping Papers on the Vehicle. -- (1) A motor         
      carrier, and the person offering the hazardous material for              
      transportation if a private motor carrier, shall keep the                
      shipping paper on the vehicle transporting the material.                 
            (2) Except as provided in paragraph (1) of this subsection,        
      the shipping paper shall be kept in a location the Secretary             
      specifies in a motor vehicle, train, vessel, aircraft, or                
      facility until --                                                        
                (A) the hazardous material no longer is in                     
            transportation; or                                                 
                (B) the documents are made available to a                      
            representative of a department, agency, or instrumentality         
            of the United States Government or a State or local                
            authority responding to an accident or incident involving          
            the motor vehicle, train, vessel, aircraft, or facility.           
            (d) Disclosure to Emergency Response Authorities. -- When          
      an incident involving hazardous material being transported in            
      commerce occurs, the person transporting the material,                   
      immediately on request of appropriate emergency response                 
      authorities, shall disclose to the authorities information about         
      the material.                                                            
                                                                               
      Sec. 5111. Rail tank cars                                                
            A rail tank car built before January 1, 1971, may be used          
      to transport hazardous material in commerce only if the air brake        
      equipment support attachments of the car comply with the                 
      standards for attachments contained in sections 179.100-16 and           
      179.200-19 of title 49, Code of Federal Regulations, in effect on        
      November 16, 1990.                                                       
                                                                               
      Sec. 5112. Highway routing of hazardous material                         
            (a) Application. -- (1) This section applies to a motor            
      vehicle only if the vehicle is transporting hazardous material in        
      commerce for which placarding of the vehicle is required under           
      regulations prescribed under this chapter.  However, the                 
      Secretary of Transportation by regulation may extend application         
      of this section or a standard prescribed under subsection (b) of         
      this section to --                                                       
                (A) any use of a vehicle under this paragraph to               
            transport any hazardous material in commerce; and                  
                (B) any motor vehicle used to transport hazardous              
            material in commerce.                                              
            (2) Except as provided by subsection (d) of this section           
      and section 5125(c) of this title, each State and Indian tribe           
      may establish, maintain, and enforce --                                  
                (A) designations of specific highway routes over which         
            hazardous material may and may not be transported by motor         
            vehicle; and                                                       
                (B) limitations and requirements related to highway            
            routing.                                                           
            (b) Standards for States and Indian Tribes. -- (1) The             
      Secretary, in consultation with the States, shall prescribe by           
      regulation standards for States and Indian tribes to use in              
      carrying out subsection (a) of this section.  The standards shall        
      include --                                                               
                (A) a requirement that a highway routing designation,          
            limitation, or requirement of a State or Indian tribe shall        
            enhance public safety in the area subject to the                   
            jurisdiction of the State or tribe and in areas of the             
            United States not subject to the jurisdiction of the State         
            or tribe and directly affected by the designation,                 
            limitation, or requirement;                                        
                (B) minimum procedural requirements to ensure public           
            participation when the State or Indian tribe is                    
            establishing a highway routing designation, limitation, or         
            requirement;                                                       
                (C) a requirement that, in establishing a highway              
            routing designation, limitation, or requirement, a State or        
            Indian tribe consult with appropriate State, local, and            
            tribal officials having jurisdiction over areas of the             
            United States not subject to the jurisdiction of that State        
            or tribe establishing the designation, limitation, or              
            requirement and with affected industries;                          
                (D) a requirement that a highway routing designation,          
            limitation, or requirement of a State or Indian tribe shall        
            ensure through highway routing for the transportation of           
            hazardous material between adjacent areas;                         
                (E) a requirement that a highway routing designation,          
            limitation, or requirement of one State or Indian tribe            
            affecting the transportation of hazardous material in              
            another State or tribe may be established, maintained, and         
            enforced by the State or tribe establishing the                    
            designation, limitation, or requirement only if --                 
                    (i) the designation, limitation, or requirement is         
                agreed to by the other State or tribe within a                 
                reasonable period or is approved by the Secretary under        
                subsection (d) of this section; and                            
                    (ii) the designation, limitation, or requirement is        
                not an unreasonable burden on commerce;                        
                (F) a requirement that establishing a highway routing          
            designation, limitation, or requirement of a State or              
            Indian tribe be completed in a timely way;                         
                (G) a requirement that a highway routing designation,          
            limitation, or requirement of a State or Indian tribe              
            provide reasonable routes for motor vehicles transporting          
            hazardous material to reach terminals, facilities for food,        
            fuel, repairs, and rest, and places to load and unload             
            hazardous material;                                                
                (H) a requirement that a State be responsible --               
                    (i) for ensuring that political subdivisions of the        
                State comply with standards prescribed under this              
                subsection in establishing, maintaining, and enforcing         
                a highway routing designation, limitation, or                  
                requirement; and                                               
                    (ii) for resolving a dispute between political             
                subdivisions; and                                              
                (I) a requirement that, in carrying out subsection (a)         
            of this section, a State or Indian tribe shall consider --         
                    (i) population densities;                                  
                    (ii) the types of highways;                                
                    (iii) the types and amounts of hazardous material;         
                    (iv) emergency response capabilities;                      
                    (v) the results of consulting with affected                
                persons;                                                       
                    (vi) exposure and other risk factors;                      
                    (vii) terrain considerations;                              
                    (viii) the continuity of routes;                           
                    (ix) alternative routes;                                   
                    (x) the effects on commerce;                               
                    (xi) delays in transportation; and                         
                    (xii) other factors the Secretary considers                
                appropriate.                                                   
            (2) The Secretary may not assign a specific weight that a          
      State or Indian tribe shall use when considering the factors             
      under paragraph (1)(I) of this subsection.                               
            (c) List of Route Designations. -- In coordination with the        
      States, the Secretary shall update and publish periodically a            
      list of currently effective hazardous material highway route             
      designations.                                                            
            (d) Dispute Resolution. -- (1) The Secretary shall                 
      prescribe regulations for resolving a dispute related to through         
      highway routing or to an agreement with a proposed highway route         
      designation, limitation, or requirement between or among States,         
      political subdivisions of different States, or Indian tribes.            
            (2) A State or Indian tribe involved in a dispute under            
      this subsection may petition the Secretary to resolve the                
      dispute.  The Secretary shall resolve the dispute not later than         
      one year after receiving the petition.  The resolution shall             
      provide the greatest level of highway safety without being an            
      unreasonable burden on commerce and shall ensure compliance with         
      standards prescribed under subsection (b) of this section.               
            (3)(A) After a petition is filed under this subsection, a          
      civil action about the subject matter of the dispute may be              
      brought in a court only after the earlier of --                          
                (i) the day the Secretary issues a final decision; or          
                (ii) the last day of the one-year period beginning on          
            the day the Secretary receives the petition.                       
            (B) A State or Indian tribe adversely affected by a                
      decision of the Secretary under this subsection may bring a civil        
      action for judicial review of the decision in an appropriate             
      district court of the United States not later than 89 days after         
      the day the decision becomes final.                                      
            (e) Relationship to Other Laws. -- This section and                
      regulations prescribed under this section do not affect sections         
      31111 and 31113 of this title or section 127 of title 23.                
            (f) Existing Radioactive Material Routing Regulations. --          
      The Secretary is not required to amend or again prescribe                
      regulations related to highway routing designations over which           
      radioactive material may and may not be transported by motor             
      vehicles, and limitations and requirements related to the                
      routing, that were in effect on November 16, 1990.                       
                                                                               
      Sec. 5113. Unsatisfactory safety rating                                  
            (a) Prohibited Transportation. -- A motor carrier receiving        
      an unsatisfactory safety rating from the Secretary of                    
      Transportation has 45 days to improve the rating to conditional          
      or satisfactory.  Beginning on the 46th day and until the motor          
      carrier receives a conditional or satisfactory rating, a motor           
      carrier not having received a conditional or satisfactory rating         
      during the 45-day period may not operate a commercial motor              
      vehicle (as defined in section 31132 of this title) --                   
                (1) to transport hazardous material for which                  
            placarding of a motor vehicle is required under regulations        
            prescribed under this chapter; or                                  
                (2) to transport more than 15 individuals.                     
            (b) Rating Review. -- The Secretary shall review the               
      factors that resulted in a motor carrier receiving an                    
      unsatisfactory rating not later than 30 days after the motor             
      carrier requests a review.                                               
            (c) Prohibited Government Use. -- A department, agency, or         
      instrumentality of the United States Government may not use a            
      motor carrier that has an unsatisfactory rating from the                 
      Secretary --                                                             
                (1) to transport hazardous material for which                  
            placarding of a motor vehicle is required under regulations        
            prescribed under this chapter; or                                  
                (2) to transport more than 15 individuals.                     
            (d) Public Availability and Updating of Ratings. -- The            
      Secretary, in consultation with the Interstate Commerce                  
      Commission, shall prescribe regulations amending the motor               
      carrier safety regulations in subchapter B of chapter III of             
      title 49, Code of Federal Regulations, to establish a system             
      to make readily available to the public, and update periodically,        
      the safety ratings of motor carriers that have unsatisfactory            
      ratings from the Secretary.                                              
                                                                               
      Sec. 5114. Air transportation of ionizing radiation material             
            (a) Transporting in Air Commerce. -- Material that emits           
      ionizing radiation spontaneously may be transported on a                 
      passenger-carrying aircraft in air commerce (as defined in               
      section 40102(a) of this title) only if the material is intended         
      for a use in, or incident to, research or medical diagnosis or           
      treatment and does not present an unreasonable hazard to health          
      and safety when being prepared for, and during, transportation.          
            (b) Procedures. -- The Secretary of Transportation shall           
      prescribe procedures for monitoring and enforcing regulations            
      prescribed under this section.                                           
            (c) Nonapplication. -- This section does not apply to              
      material the Secretary decides does not pose a significant hazard        
      to health or safety when transported because of its low order of         
      radioactivity.                                                           
                                                                               
      Sec. 5115. Training curriculum for the public sector                     
            (a) Development and Updating. -- Not later than November           
      16, 1992, in coordination with the Director of the Federal               
      Emergency Management Agency, Chairman of the Nuclear Regulatory          
      Commission, Administrator of the Environmental Protection Agency,        
      Secretaries of Labor, Energy, and Health and Human Services, and         
      Director of the National Institute of Environmental Health               
      Sciences, and using the existing coordinating mechanisms of the          
      national response team and, for radioactive material, the Federal        
      Radiological Preparedness Coordinating Committee, the Secretary          
      of Transportation shall develop and update periodically a                
      curriculum consisting of a list of courses necessary to train            
      public sector emergency response and preparedness teams.  Only in        
      developing the curriculum, the Secretary of Transportation shall         
      consult with regional response teams established under the               
      national contingency plan established under section 105 of the           
      Comprehensive Environmental Response, Compensation, and Liability        
      Act of 1980 (42 U.S.C. 9605), representatives of commissions             
      established under section 301 of the Emergency Planning and              
      Community Right-To-Know Act of 1986 (42 U.S.C. 11001), persons           
      (including governmental entities) that provide training for              
      responding to accidents and incidents involving the                      
      transportation of hazardous material, and representatives of             
      persons that respond to those accidents and incidents.                   
            (b) Requirements. -- The curriculum developed under                
      subsection (a) of this section --                                        
                (1) shall include --                                           
                    (A) a recommended course of study to train public          
                sector employees to respond to an accident or incident         
                involving the transportation of hazardous material and         
                to plan for those responses;                                   
                    (B) recommended basic courses and minimum number of        
                hours of instruction necessary for public sector               
                employees to be able to respond safely and efficiently         
                to an accident or incident involving the transportation        
                of hazardous material and to plan those responses; and         
                    (C) appropriate emergency response training and            
                planning programs for public sector employees developed        
                under other United States Government grant programs,           
                including those developed with grants made under               
                section 126 of the Superfund Amendments and                    
                Reauthorization Act of 1986 (42 U.S.C. 9660a); and             
                (2) may include recommendations on material appropriate        
            for use in a recommended basic course described in clause          
            (1)(B) of this subsection.                                         
            (c) Training on Complying With Legal Requirements. -- A            
      recommended basic course described in subsection (b)(1)(B) of            
      this section shall provide the training necessary for public             
      sector employees to comply with --                                       
                (1) regulations related to hazardous waste operations          
            and emergency response contained in part 1910 of title 29,         
            Code of Federal Regulations, prescribed by the Secretary of        
            Labor;                                                             
                (2) regulations related to worker protection standards         
            for hazardous waste operations contained in part 311 of            
            title 40, Code of Federal Regulations, prescribed by the           
            Administrator; and                                                 
                (3) standards related to emergency response training           
            prescribed by the National Fire Protection Association.            
            (d) Distribution and Publication. -- With the national             
      response team --                                                         
                (1) the Director of the Federal Emergency Management           
            Agency shall distribute the curriculum and any updates to          
            the curriculum to the regional response teams and all              
            committees and commissions established under section 301 of        
            the Emergency Planning and Community Right-To-Know Act of          
            1986 (42 U.S.C. 11001); and                                        
                (2) the Secretary of Transportation may publish a list         
            of programs that uses a course developed under this section        
            for training public sector employees to respond to an              
            accident or incident involving the transportation of               
            hazardous material.                                                
                                                                               
      Sec. 5116. Planning and training grants, monitoring, and review          
            (a) Planning Grants. -- (1) The Secretary of Transportation        
      shall make grants to States --                                           
                (A) to develop, improve, and carry out emergency plans         
            under the Emergency Planning and Community Right-To-Know           
            Act of 1986 (42 U.S.C. 11001 et seq.), including                   
            ascertaining flow patterns of hazardous material in a State        
            and between States; and                                            
                (B) to decide on the need for a regional hazardous             
            material emergency response team.                                  
            (2) The Secretary of Transportation may make a grant to a          
      State under paragraph (1) of this subsection in a fiscal year            
      only if the State --                                                     
                (A) certifies that the total amount the State expends          
            (except amounts of the United States Government) to                
            develop, improve, and carry out emergency plans under the          
            Act will at least equal the average level of expenditure           
            for the last 2 fiscal years; and                                   
                (B) agrees to make available at least 75 percent of the        
            amount of the grant under paragraph (1) of this subsection         
            in the fiscal year to local emergency planning committees          
            established under section 301(c) of the Act (42 U.S.C.             
            11001(c)) to develop emergency plans under the Act.                
            (b) Training Grants. -- (1) The Secretary of Transportation        
      shall make grants to States and Indian tribes to train public            
      sector employees to respond to accidents and incidents involving         
      hazardous material.                                                      
            (2) The Secretary of Transportation may make a grant under         
      paragraph (1) of this subsection in a fiscal year --                     
                (A) to a State or Indian tribe only if the State or            
            tribe certifies that the total amount the State or tribe           
            expends (except amounts of the Government) to train public         
            sector employees to respond to an accident or incident             
            involving hazardous material will at least equal the               
            average level of expenditure for the last 2 fiscal years;          
                (B) to a State or Indian tribe only if the State or            
            tribe makes an agreement with the Secretary that the State         
            or tribe will use in that fiscal year, for training public         
            sector employees to respond to an accident or incident             
            involving hazardous material --                                    
                    (i) a course developed or identified under section         
                5115 of this title; or                                         
                    (ii) another course the Secretary decides is               
                consistent with the objectives of this section; and            
                (C) to a State only if the State agrees to make                
            available at least 75 percent of the amount of the grant           
            under paragraph (1) of this subsection in the fiscal year          
            for training public sector employees a political                   
            subdivision of the State employs or uses.                          
            (3) A grant under this subsection may be used --                   
                (A) to pay --                                                  
                    (i) the tuition costs of public sector employees           
                being trained;                                                 
                    (ii) travel expenses of those employees to and from        
                the training facility;                                         
                    (iii) room and board of those employees when at the        
                training facility; and                                         
                    (iv) travel expenses of individuals providing the          
                training;                                                      
                (B) by the State, political subdivision, or Indian             
            tribe to provide the training; and                                 
                (C) to make an agreement the Secretary of                      
            Transportation approves authorizing a person (including an         
            authority of a State or political subdivision of a State or        
            Indian tribe) to provide the training --                           
                    (i) if the agreement allows the Secretary and the          
                State or tribe to conduct random examinations,                 
                inspections, and audits of the training without prior          
                notice; and                                                    
                    (ii) if the State or tribe conducts at least one           
                on-site observation of the training each year.                 
            (4) The Secretary of Transportation shall allocate amounts         
      made available for grants under this subsection for a fiscal year        
      among eligible States and Indian tribes based on the needs of the        
      States and tribes for emergency response training.  In making a          
      decision about those needs, the Secretary shall consider --              
                (A) the number of hazardous material facilities in the         
            State or on land under the jurisdiction of the tribe;              
                (B) the types and amounts of hazardous material                
            transported in the State or on that land;                          
                (C) whether the State or tribe imposes and collects a          
            fee on transporting hazardous material;                            
                (D) whether the fee is used only to carry out a purpose        
            related to transporting hazardous material; and                    
                (E) other factors the Secretary decides are appropriate        
            to carry out this subsection.                                      
            (c) Compliance With Certain Law. -- The Secretary of               
      Transportation may make a grant to a State under this section in         
      a fiscal year only if the State certifies that the State complies        
      with sections 301 and 303 of the Emergency Planning and Community        
      Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).                      
            (d) Applications. -- A State or Indian tribe interested in         
      receiving a grant under this section shall submit an application         
      to the Secretary of Transportation.  The application must be             
      submitted at the time, and contain information, the Secretary            
      requires by regulation to carry out the objectives of this               
      section.                                                                 
            (e) Government's Share of Costs. -- A grant under this             
      section is for 80 percent of the cost the State or Indian tribe          
      incurs in the fiscal year to carry out the activity for which the        
      grant is made.  Amounts of the State or tribe under subsections          
      (a)(2)(A) and (b)(2)(A) of this section are not part of the              
      non-Government share under this subsection.                              
            (f) Monitoring and Technical Assistance. -- In coordination        
      with the Secretaries of Transportation and Energy, Administrator         
      of the Environmental Protection Agency, and Director of the              
      National Institute of Environmental Health Sciences, the Director        
      of the Federal Emergency Management Agency shall monitor public          
      sector emergency response planning and training for an accident          
      or incident involving hazardous material.  Considering the               
      results of the monitoring, the Secretaries, Administrator, and           
      Directors each shall provide technical assistance to a State,            
      political subdivision of a State, or Indian tribe for carrying           
      out emergency response training and planning for an accident or          
      incident involving hazardous material and shall coordinate the           
      assistance using the existing coordinating mechanisms of the             
      national response team and, for radioactive material, the Federal        
      Radiological Preparedness Coordinating Committee.                        
            (g) Delegation of Authority. -- To minimize administrative         
      costs and to coordinate Government grant programs for emergency          
      response training and planning, the Secretary of Transportation          
      may delegate to the Directors of the Federal Emergency Management        
      Agency and National Institute of Environmental Health Sciences,          
      Chairman of the Nuclear Regulatory Commission, Administrator of          
      the Environmental Protection Agency, and Secretaries of Labor and        
      Energy any of the following:                                             
                (1) authority to receive applications for grants under         
            this section.                                                      
                (2) authority to review applications for technical             
            compliance with this section.                                      
                (3) authority to review applications to recommend              
            approval or disapproval.                                           
                (4) any other ministerial duty associated with grants          
            under this section.                                                
            (h) Minimizing Duplication of Effort and Expenses. -- The          
      Secretaries of Transportation, Labor, and Energy, Directors of           
      the Federal Emergency Management Agency and National Institute of        
      Environmental Health Sciences, Chairman of the Nuclear Regulatory        
      Commission, and Administrator of the Environmental Protection            
      Agency shall review periodically, with the head of each                  
      department, agency, or instrumentality of the Government, all            
      emergency response and preparedness training programs of that            
      department, agency, or instrumentality to minimize duplication of        
      effort and expense of the department, agency, or instrumentality         
      in carrying out the programs and shall take necessary action to          
      minimize duplication.                                                    
            (i) Annual Registration Fee Account and Its Uses. -- The           
      Secretary of the Treasury shall establish an account in the              
      Treasury into which the Secretary of the Treasury shall deposit          
      amounts the Secretary of Transportation collects under section           
      5108(g)(2)(A) of this title and transfers to the Secretary of the        
      Treasury under section 5108(g)(2)(C) of this title.  Without             
      further appropriation, amounts in the account are available --           
                (1) to make grants under this section and section              
            5107(e) of this title;                                             
                (2) to monitor and provide technical assistance under          
            subsection (f) of this section; and                                
                (3) to pay administrative costs of carrying out this           
            section and sections 5107(e), 5108(g)(2), and 5115 of this         
            title, except that not more than 10 percent of the amounts         
            made available from the account in a fiscal year may be            
            used to pay those costs.                                           
                                                                               
      Sec. 5117. Exemptions and exclusions                                     
            (a) Authority To Exempt. -- (1) As provided under                  
      procedures prescribed by regulation, the Secretary of                    
      Transportation may issue an exemption from this chapter or a             
      regulation prescribed under section 5103(b), 5104, 5110, or 5112         
      of this title to a person transporting, or causing to be                 
      transported, hazardous material in a way that achieves a safety          
      level --                                                                 
                (A) at least equal to the safety level required under          
            this chapter; or                                                   
                (B) consistent with the public interest and this               
            chapter, if a required safety level does not exist.                
            (2) An exemption under this subsection is effective for not        
      more than 2 years and may be renewed on application to the               
      Secretary.                                                               
            (b) Applications. -- When applying for an exemption or             
      renewal of an exemption under this section, the person must              
      provide a safety analysis prescribed by the Secretary that               
      justifies the exemption.  The Secretary shall publish in the             
      Federal Register notice that an application for an exemption             
      has been filed and shall give the public an opportunity to               
      inspect the safety analysis and comment on the application.  This        
      subsection does not require the release of information protected         
      by law from public disclosure.                                           
            (c) Exclusions. -- (1) The Secretary shall exclude, in any         
      part, from this chapter and regulations prescribed under this            
      chapter --                                                               
                (A) a public vessel (as defined in section 2101 of             
            title 46);                                                         
                (B) a vessel exempted under section 3702 of title 46           
            from chapter 37 of title 46; and                                   
                (C) a vessel to the extent it is regulated under the           
            Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et          
            seq.).                                                             
            (2) This chapter and regulations prescribed under this             
      chapter do not prohibit --                                               
                (A) or regulate transportation of a firearm (as defined        
            in section 232 of title 18), or ammunition for a firearm,          
            by an individual for personal use; or                              
                (B) transportation of a firearm or ammunition in               
            commerce.                                                          
            (d) Limitation on Authority. -- Unless the Secretary               
      decides that an emergency exists, an exemption or renewal granted        
      under this section is the only way a person subject to this              
      chapter may be exempt from this chapter.                                 
                                                                               
      Sec. 5118. Inspectors                                                    
            (a) General Requirement. -- The Secretary of Transportation        
      shall maintain the employment of 30 hazardous material safety            
      inspectors more than the total number of safety inspectors               
      authorized for the fiscal year that ended September 30, 1990, for        
      the Federal Railroad Administration, the Federal Highway                 
      Administration, and the Research and Special Programs                    
      Administration.                                                          
            (b) Allocation To Promote Safety in Transporting                   
      Radioactive Material. --                                                 
            (1) The Secretary shall ensure that 10 of the 30 additional        
      inspectors focus on promoting safety in transporting radioactive         
      material, as defined by the Secretary, including inspecting --           
                (A) at the place of origin, shipments of high-level            
            radioactive waste or nuclear spent material (as those terms        
            are defined in section 5105(a) of this title); and                 
                (B) to the maximum extent practicable shipments of             
            radioactive material that are not high-level radioactive           
            waste or nuclear spent material.                                   
            (2) In carrying out their duties, those 10 additional              
      inspectors shall cooperate to the greatest extent possible with          
      safety inspectors of the Nuclear Regulatory Commission and               
      appropriate State and local government officials.                        
            (3) Those 10 additional inspectors shall be allocated as           
      follows:                                                                 
                (A) one to the Research and Special Programs                   
            Administration.                                                    
                (B) 3 to the Federal Railroad Administration.                  
                (C) 3 to the Federal Highway Administration.                   
                (D) the other 3 among the administrations referred to          
            in clauses (A)- (C) of this paragraph as the Secretary             
            decides.                                                           
            (c) Allocation of Other Inspectors. -- The Secretary shall         
      allocate, as the Secretary decides, the 20 additional inspectors         
      authorized under this section and not allocated under subsection         
      (b) of this section among the administrations referred to in             
      subsection (b)(3)(A)-(C) of this section.                                
                                                                               
      Sec. 5119. Uniform forms and procedures                                  
            (a) Working Group. -- The Secretary of Transportation 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, and the        
      National Conference of State Legislatures.  The purposes of the          
      working group are --                                                     
                (1) to establish uniform forms and procedures for a            
            State --                                                           
                    (A) to register persons that transport or cause to         
                be transported hazardous material by motor vehicle in          
                the State; and                                                 
                    (B) to allow the transportation of hazardous               
                material in the State; and                                     
                (2) to decide whether to limit the filing of any State         
            registration and permit forms and collection of filing fees        
            to the State in which the person resides or has its                
            principal place of business.                                       
            (b) Consultation and Reporting. -- The working group --            
                (1) shall consult with persons subject to registration         
            and permit requirements described in subsection (a) of this        
            section; and                                                       
                (2) not later than November 16, 1993, shall submit to          
            the Secretary, the Committee on Commerce, Science, and             
            Transportation of the Senate, and the Committee on Public          
            Works and Transportation of the House of Representatives a         
            final report that contains --                                      
                    (A) a detailed statement of its findings and               
                conclusions; and                                               
                    (B) its joint recommendations on the matters               
                referred to in subsection (a) of this section.                 
            (c) Regulations on Recommendations. -- (1) The Secretary           
      shall prescribe regulations to carry out the recommendations             
      contained in the report submitted under subsection (b) of this           
      section with which the Secretary agrees.  The regulations shall          
      be prescribed by the later of the last day of the 3-year period          
      beginning on the date the working group submitted its report or          
      the last day of the 90-day period beginning on the date on which         
      at least 26 States adopt all of the recommendations of the               
      report.  A regulation prescribed under this subsection may not           
      define or limit the amount of a fee a State may impose or                
      collect.                                                                 
            (2) A regulation prescribed under this subsection takes            
      effect one year after it is prescribed.  The Secretary may extend        
      the one-year period for an additional year for good cause.  After        
      a regulation is effective, a State may establish, maintain, or           
      enforce a requirement related to the same subject matter only if         
      the requirement is the same as the regulation.                           
            (3) In consultation with the working group, the Secretary          
      shall develop a procedure to eliminate differences in how States         
      carry out a regulation prescribed under this subsection.                 
            (d) Relationship to Other Laws. -- The Federal Advisory            
      Committee Act (5 App. U.S.C.) does not apply to the working              
      group.                                                                   
      Sec. 5120. International uniformity of standards and requirements        
                                                                               
            (a) Participation in International Forums. -- Subject to           
      guidance and direction from the Secretary of State, the Secretary        
      of Transportation shall participate in international forums that         
      establish or recommend mandatory standards and requirements for          
      transporting hazardous material in international commerce.               
            (b) Consultation. -- The Secretary of Transportation may           
      consult with interested authorities to ensure that, to the extent        
      practicable, regulations the Secretary prescribes under sections         
      5103(b), 5104, 5110, and 5112 of this title are consistent with          
      standards related to transporting hazardous material that                
      international authorities adopt.                                         
            (c) Differences With International Standards and                   
      Requirements. -- This section --                                         
                (1) does not require the Secretary of Transportation to        
            prescribe a standard identical to a standard adopted by an         
            international authority if the Secretary decides the               
            standard is unnecessary or unsafe; and                             
                (2) does not prohibit the Secretary from prescribing a         
            safety requirement more stringent than a requirement               
            included in a standard adopted by an international                 
            authority if the Secretary decides the requirement is              
            necessary in the public interest.                                  
                                                                               
      Sec. 5121. Administrative                                                
            (a) General Authority. -- To carry out this chapter, the           
      Secretary of Transportation may investigate, make reports, issue         
      subpenas, conduct hearings, require the production of records and        
      property, take depositions, and conduct research, development,           
      demonstration, and training activities.  After notice and an             
      opportunity for a hearing, the Secretary may issue an order              
      requiring compliance with this chapter or a regulation prescribed        
      under this chapter.                                                      
            (b) Records, Reports, and Information. -- A person subject         
      to this chapter shall --                                                 
                (1) maintain records, make reports, and provide                
            information the Secretary by regulation or order requires;         
            and                                                                
                (2) make the records, reports, and information                 
            available when the Secretary requests.                             
            (c) Inspection. -- (1) The Secretary may authorize an              
      officer, employee, or agent to inspect, at a reasonable time and         
      in a reasonable way, records and property related to --                  
                (A) manufacturing, fabricating, marking, maintaining,          
            reconditioning, repairing, testing, or distributing a              
            package or container for use by a person in transporting           
            hazardous material in commerce; or                                 
                (B) the transportation of hazardous material in                
            commerce.                                                          
            (2) An officer, employee, or agent under this                      
      subsection shall display proper credentials when requested.              
      (d) 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 related to the                     
            transportation of hazardous material and material alleged          
            to be hazardous;                                                   
                (B) maintain a central reporting system and information        
            center capable of providing information and advice to law          
            enforcement and firefighting personnel, other interested           
            individuals, and officers and employees of the Government          
            and State and local governments on meeting an emergency            
            related to the transportation of hazardous material; and           
                (C) conduct a continuous review on all aspects of              
            transporting hazardous material to decide on and take              
            appropriate actions to ensure safe transportation of               
            hazardous material.                                                
            (2) Paragraph (1) of this subsection does not prevent the          
      Secretary from making a contract with a private entity for use of        
      a supplemental reporting system and information center operated          
      and maintained by the contractor.                                        
            (e) Annual Report. -- The Secretary shall submit to the            
      President, for submission to Congress, not later than June 15th          
      of each year, a report about the transportation of hazardous             
      material during the prior calendar year.  The report shall               
      include --                                                               
                (1) a statistical compilation of accidents and                 
            casualties related to the transportation of hazardous              
            material;                                                          
                (2) a list and summary of applicable Government                
            regulations, criteria, orders, and exemptions;                     
                (3) a summary of the basis for each exemption;                 
                (4) an evaluation of the effectiveness of enforcement          
            activities and the degree of voluntary compliance with             
            regulations;                                                       
                (5) a summary of outstanding problems in carrying out          
            this chapter in order of priority; and                             
                (6) recommendations for appropriate legislation.               
                                                                               
      Sec. 5122. Enforcement                                                   
            (a) General. -- At the request of the Secretary of                 
      Transportation, the Attorney General may bring a civil action in         
      an appropriate district court of the United States to enforce            
      this chapter or a regulation prescribed or order issued under            
      this chapter.  The court may award appropriate relief, including         
      punitive damages.                                                        
            (b) Imminent Hazards. -- (1) If the Secretary has reason to        
      believe that an imminent hazard exists, the Secretary may bring a        
      civil action in an appropriate district court of the United              
      States --                                                                
                (A) to suspend or restrict the transportation of the           
            hazardous material responsible for the hazard; or                  
                (B) to eliminate or ameliorate the hazard.                     
            (2) On request of the Secretary, the Attorney General shall        
      bring an action under paragraph (1) of this subsection.                  
                                                                               
      Sec. 5123. Civil penalty                                                 
            (a) Penalty. -- (1) A person that knowingly violates this          
      chapter or a regulation prescribed or order issued under this            
      chapter is liable to the United States Government for a civil            
      penalty of at least $250 but not more than $25,000 for each              
      violation. 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 circumstances and        
            exercising reasonable care would have that knowledge.              
            (2) A separate violation occurs for each day the violation,        
      committed by a person that transports or causes to be transported        
      hazardous material, continues.                                           
            (b) Hearing Requirement. -- The Secretary of Transportation        
      may find that a person has violated this chapter or a regulation         
      prescribed under this chapter only after notice and an                   
      opportunity for a hearing.  The Secretary shall impose a penalty         
      under this section by giving the person written notice of the            
      amount of the penalty.                                                   
            (c) Penalty Considerations. -- In determining the amount of        
      a civil penalty under this section, the Secretary shall                  
      consider --                                                              
                (1) the nature, circumstances, extent, and gravity of          
            the violation;                                                     
                (2) with respect to the violator, the degree of                
            culpability, any history of prior violations, the ability          
            to pay, and any effect on the ability to continue to do            
            business; and                                                      
                (3) other matters that justice requires.                       
            (d) Civil Actions To Collect. -- The Attorney General may          
      bring a civil action in an appropriate district court of the             
      United States to collect a civil penalty under this section.             
            (e) Compromise. -- The Secretary may compromise the amount         
      of a civil penalty imposed under this section before referral to         
      the Attorney General.                                                    
            (f) Setoff. -- The Government may deduct the amount of a           
      civil penalty imposed or compromised under this section from             
      amounts it owes the person liable for the penalty.                       
            (g) Depositing Amounts Collected. -- Amounts collected             
      under this section shall be deposited in the Treasury as                 
      miscellaneous receipts.                                                  
                                                                               
      Sec. 5124. Criminal penalty                                              
            A person knowingly violating section 5104(b) of this title         
      or willfully violating this chapter or a regulation prescribed or        
      order issued under this  chapter shall be fined under title 18,          
      imprisoned for not more than 5 years, or both.                           
                                                                               
      Sec. 5125. Preemption                                                    
            (a) General. -- Except as provided in subsections (b), (c),        
      and (e) of this section, a requirement of a State, political             
      subdivision of a State, or Indian tribe is preempted if --               
                (1) complying with a requirement of the State,                 
            political subdivision, or tribe and a requirement of this          
            chapter or a regulation prescribed under this chapter is           
            not possible; or                                                   
                (2) the requirement of the State, political                    
            subdivision, or tribe, as applied or enforced, is an               
            obstacle to accomplishing and carrying out this chapter or         
            a regulation prescribed under this chapter.                        
            (b) Substantive Differences. -- (1) Except as provided in          
      subsection (c) of this section, a law, regulation, order, or             
      other requirement of a State, political subdivision of a State,          
      or Indian tribe about any of the following subjects, that is not         
      substantively the same as a provision of this chapter or a               
      regulation prescribed under this chapter, is preempted:                  
                (A) the designation, description, and classification of        
            hazardous material.                                                
                (B) the packing, repacking, handling, labeling,                
            marking, and placarding of hazardous material.                     
                (C) the preparation, execution, and use of shipping            
            documents related to hazardous material and requirements           
            related to the number, contents, and placement of those            
            documents.                                                         
                (D) the written notification, recording, and reporting         
            of the unintentional release in transportation of hazardous        
            material.                                                          
                (E) the design, manufacturing, fabricating, marking,           
            maintenance, reconditioning, repairing, or testing of a            
            package or container represented, marked, certified, or            
            sold as qualified for use in transporting hazardous                
            material.                                                          
            (2) If the Secretary of Transportation prescribes or has           
      prescribed under section 5103(b), 5104, 5110, or 5112 of this            
      title or prior comparable provision of law a regulation or               
      standard related to a subject referred to in paragraph (1) of            
      this subsection, a State, political subdivision of a State,              
      or Indian tribe may prescribe, issue, maintain, and enforce only         
      a law, regulation, standard, or order about the subject that is          
      substantively the same as a provision of this chapter or a               
      regulation prescribed or order issued under this chapter.  The           
      Secretary shall decide on and publish in the Federal Register the        
      effective date of section 5103(b) of this title for any                  
      regulation or standard about any of those subjects that the              
      Secretary prescribes after November 16, 1990.  However, the              
      effective date may not be earlier than 90 days after the                 
      Secretary prescribes the regulation or standard nor later than           
      the last day of the 2-year period beginning on the date the              
      Secretary prescribes the regulation or standard.                         
            (3) If a State, political subdivision of a State, or Indian        
      tribe imposes a fine or penalty the Secretary decides is                 
      appropriate for a violation related to a subject referred to in          
      paragraph (1) of this subsection, an additional fine or penalty          
      may not be imposed by any other authority.                               
            (c) Compliance With Section 5112(b) Regulations. -- (1)            
      Except as provided in paragraph (2) of this subsection, after the        
      last day of the 2-year period beginning on the date a regulation         
      is prescribed under section 5112(b) of this title, a State or            
      Indian tribe may establish, maintain, or enforce a highway               
      routing designation over which hazardous material may or may not         
      be transported by motor vehicles, or a limitation or requirement         
      related to highway routing, only if the designation, limitation,         
      or requirement complies with section 5112(b).                            
            (2)(A) A highway routing designation, limitation, or               
      requirement established before the date a regulation is                  
      prescribed under section 5112(b) of this title does not have to          
      comply with section 5112(b)(1)(B), (C), and (F).                         
            (B) This subsection and section 5112 of this title do not          
      require a State or Indian tribe to comply with section                   
      5112(b)(1)(I) if the highway routing designation, limitation, or         
      requirement was established before November 16, 1990.                    
            (C) The Secretary may allow a highway routing designation,         
      limitation, or requirement to continue in effect until a dispute         
      related to the designation, limitation, or requirement is                
      resolved under section 5112(d) of this title.                            
            (d) Decisions on Preemption. -- (1) A person (including a          
      State, political subdivision of a State, or Indian tribe)                
      directly affected by a requirement of a State, political                 
      subdivision, or tribe may apply to the Secretary, as                     
      provided by regulations prescribed by the Secretary, for a               
      decision on whether the requirement is preempted by subsection           
      (a), (b)(1), or (c) of this section.  The Secretary shall publish        
      notice of the application in the Federal Register.  After notice         
      is published, an applicant may not seek judicial relief on the           
      same or substantially the same issue until the Secretary takes           
      final action on the application or until 180 days after the              
      application is filed, whichever occurs first.                            
            (2) After consulting with States, political subdivisions of        
      States, and Indian tribes, the Secretary shall prescribe                 
      regulations for carrying out paragraph (1) of this subsection.           
            (3) Subsection (a) of this section does not prevent a              
      State, political subdivision of a State, or Indian tribe, or             
      another person directly affected by a requirement, from seeking a        
      decision on preemption from a court of competent jurisdiction            
      instead of applying to the Secretary under paragraph (1) of this         
      subsection.                                                              
            (e) Waiver of Preemption. -- A State, political subdivision        
      of a State, or Indian tribe may apply to the Secretary for a             
      waiver of preemption of a requirement the State, political               
      subdivision, or tribe acknowledges is preempted by subsection            
      (a), (b)(1), or (c) of this section.  Under a procedure the              
      Secretary prescribes by regulation, the Secretary may waive              
      preemption on deciding the requirement --                                
                (1) provides the public at least as much protection as         
            do requirements of this chapter and regulations prescribed         
            under this chapter; and                                            
                (2) is not an unreasonable burden on commerce.                 
            (f) Judicial Review. -- A party to a proceeding under              
      subsection (d) or (e) of this section may bring a civil action in        
      an appropriate district court of the United States for judicial          
      review of the decision of the Secretary not later than 60 days           
      after the decision becomes final.                                        
            (g) Fees. -- A State, political subdivision of a State, or         
      Indian tribe may impose a fee related to transporting hazardous          
      material only if the fee is fair and used for a purpose related          
      to transporting hazardous material, including enforcement and            
      planning, developing, and maintaining a capability for emergency         
      response.                                                                
                                                                               
      Sec. 5126. Relationship to other laws                                    
            (a) Contracts. -- A person under contract with a                   
      department, agency, or instrumentality of the United States              
      Government that transports or causes to be transported hazardous         
      material, or manufactures, fabricates, marks, maintains,                 
      reconditions, repairs, or tests a package or container that the          
      person represents, marks, certifies, or sells as qualified for           
      use in transporting hazardous material must comply with this             
      chapter, regulations prescribed and orders issued under this             
      chapter, and all other requirements of the Government, State and         
      local governments, and Indian tribes (except a requirement               
      preempted by a law of the United States) in the same way and to          
      the same extent that any person engaging in that transportation,         
      manufacturing, fabricating, marking, maintenance, reconditioning,        
      repairing, or testing that is in or affects commerce must comply         
      with the provision, regulation, order, or requirement.                   
            (b) Nonapplication. -- This chapter does not apply to --           
                (1) a pipeline subject to regulation under chapter 601         
            of this title; or                                                  
                (2) any matter that is subject to the postal laws and          
            regulations of the United States under this chapter or             
            title 18 or 39.                                                    
                                                                               
      Sec. 5127. Authorization of appropriations                               
            (a) General. -- Not more than $18,000,000 may be                   
      appropriated to the Secretary of Transportation for the fiscal           
      year ending September 30, 1993, to carry out this chapter (except        
      sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).               
            (b) Hazmat Employee Training. -- Not more than $250,000 is         
      available to the Director of the National Institute of                   
      Environmental Health Sciences from the account established under         
      section 5116(i) of this title for each of the fiscal years ending        
      September 30, 1993-1998, to carry out section 5107(e) of                 
      this title.                                                              
            (c) Training Curriculum. -- (1) Not more than $1,000,000 is        
      available to the Secretary of Transportation from the account            
      established under section 5116(i) of this title for each of the          
      fiscal years ending September 30, 1993-1998, to carry out section        
      5115 of this title.                                                      
            (2) The Secretary of Transportation may transfer to the            
      Director of the Federal Emergency Management Agency from amounts         
      available under this subsection amounts necessary to carry out           
      section 5115(d)(1) of this title.                                        
            (d) Planning and Training. -- (1) Not more than $5,000,000         
      is available to the Secretary of Transportation from the account         
      established under section 5116(i) of this title for each of the          
      fiscal years ending September 30, 1993-1998, to carry out section        
      5116(a) of this title.                                                   
            (2) Not more than $7,800,000 is available to the Secretary         
      of Transportation from the account established under section             
      5116(i) of this title for each of the fiscal years ending                
      September 30, 1993-1998, to carry out section 5116(b) of this            
      title.                                                                   
            (3) Not more than the following amounts are available from         
      the account established under section 5116(i) of this title for          
      each of the fiscal years ending September 30, 1993-1998, to carry        
      out section 5116(f) of this title:                                       
                (A) $750,000 each to the Secretaries of Transportation         
            and Energy, Administrator of the Environmental Protection          
            Agency, and Director of the Federal Emergency Management           
            Agency.                                                            
                (B) $200,000 to the Director of the National Institute         
            of Environmental Health Sciences.                                  
            (e) Uniform Forms and Procedures. -- Not more than $400,000        
      may be appropriated to the Secretary of Transportation for the           
      fiscal year ending September 30, 1993, to carry out section 5119         
      of this title.                                                           
            (f) Credits to Appropriations. -- The Secretary of                 
      Transportation may credit to any appropriation to carry out this         
      chapter an amount received from a State, Indian tribe, or other          
      public authority or private entity for expenses the Secretary            
      incurs in providing training to the State, authority, or entity.         
            (g) Availability of Amounts. -- Amounts available under            
      subsections (c)-(e) of this section remain available until               
      expended.