[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 968 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 968

   To authorize appropriations for hazardous material transportation 
                    safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 1999

 Mr. Shuster (for himself, Mr. Oberstar, Mr. Franks of New Jersey, and 
  Mr. Wise) (all by request) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriations for hazardous material transportation 
                    safety, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hazardous Material Transportation 
Safety Reauthorization Act of 1999''.

SEC. 2. PURPOSES.

    (a) Purposes.--Section 5101 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5101. Purposes
    ``(a) Purposes.--The purposes of this chapter are to--
            ``(1) ensure the safe and efficient transportation of 
        hazardous material in intrastate, interstate, and foreign 
        commerce, including the loading, unloading, and incidental 
        storage of hazardous material;
            ``(2) provide the Secretary of Transportation with 
        preemption authority to achieve uniform regulation of hazardous 
        material transportation, eliminate inconsistent rules that 
        apply differently than rules issued by the Secretary, ensure 
        efficient movement of hazardous material in commerce, and 
        promote the national health, welfare, and safety; and
            ``(3) provide adequate training for public sector emergency 
        response teams and hazmat employees to ensure safe responses to 
        hazardous material transportation accidents and incidents.''.
    (b) Conforming Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by striking the item relating to section 
5101 and inserting the following:

``5101. Purposes.''.

SEC. 3. DEFINITIONS.

    Section 5102 of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) on a United States-registered aircraft.''; 
                and
            (2) in paragraph (3)--
                    (A) in subparagraph (A)(i) by inserting ``or self-
                employed'' after ``employer'';
                    (B) in subparagraph (B) by striking ``vehicle'' and 
                inserting ``vehicle, vessel, or aircraft''; and
                    (C) in subparagraph (C)(ii)--
                            (i) by inserting ``designs, inspects,'' 
                        after ``manufactures,''; and
                            (ii) by striking ``and packagings'' and 
                        inserting ``or other packagings, or a component 
                        thereof,''; and
                    (D) in subparagraph (C)(iii) by inserting ``or 
                rejects'' after ``prepares'';
            (3) by striking paragraph (4) and inserting the following:
            ``(4) `hazmat employer' means a person who--
                    ``(A) either--
                            ``(i) is self-employed;
                            ``(ii) is an owner-operator of a motor 
                        vehicle, vessel, or aircraft; or
                            ``(iii) has at least one employee; and
                    ``(B) performs, or uses at least one employee to 
                perform, a function in connection with--
                            ``(i) transporting hazardous material in 
                        commerce;
                            ``(ii) causing hazardous material to be 
                        transported in commerce;
                            ``(iii) rejecting hazardous material for 
                        transportation in commerce; or
                            ``(iv) designing, manufacturing, 
                        reconditioning, inspecting, or testing 
                        containers, drums, other packagings, or a 
                        component thereof, represented as qualified for 
                        use in transporting hazardous material.'';
            (4) in paragraph (7) by striking ``title'' and inserting 
        ``title, except that a freight forwarder is included only if 
        performing a function related to highway transportation'';
            (5) by redesignating paragraphs (9) through (13) as 
        paragraphs (12) through (16), respectively;
            (6) by inserting after paragraph (8) the following:
            ``(9) `out-of-service order' means a mandate that an 
        aircraft, vessel, motor vehicle, train, railcar, other vehicle, 
        transport unit, transport vehicle, freight container, portable 
        tank, or other package not be moved until specified conditions 
        have been met.
            ``(10) `package' or `outside package' means a packaging and 
        its contents.
            ``(11) `packaging' means a receptacle and any other 
        components or materials necessary for the receptacle to perform 
        its containment function in conformance with the minimum 
        packaging requirements established by the Secretary of 
        Transportation.''; and
            (7) in paragraph (12)(A) (as redesignated by paragraph (5) 
        of this section) by striking ``commerce or transporting 
        hazardous material to further a commercial enterprise'' and 
        inserting ``commerce, transporting hazardous material to 
        further a commercial enterprise, or manufacturing, 
        reconditioning, or testing containers, drums, or other 
        packagings, or a component thereof, represented as qualified 
        for use in transporting hazardous material''.

SEC. 4. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

    Section 5107 of title 49, United States Code, is amended--
            (1) in subsection (d) by striking ``or duplicate'' in the 
        matter preceding paragraph (1);
            (2) in subsection (d)(2) by striking ``Agency'' and 
        inserting ``Administrator of the Environmental Protection 
        Agency'' ; and
            (3) in subsection (e) by striking section ``5127(c)(3)'' 
        and inserting ``section 5129(b)(1)''.

SEC. 5. REGISTRATION.

    Section 5108 of title 49, United States Code, is amended--
            (1) by striking subsection (b)(1)(C) and inserting the 
        following:
            ``(C) each State in which the person carries out any of the 
        activities.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Filing Schedule.--Each person required to file a registration 
statement under subsection (a) of this section shall file that 
statement in accordance with regulations issued by the Secretary.'';
            (3) in subsection (g)(1) by striking ``may'' and inserting 
        ``shall'';
            (4) in subsection (g)(2)(A) by striking ``$250 but not more 
        than $5,000'' and inserting ``$500'';
            (5) in subsection (g)(2)(A) by striking ``subparagraph 
        (B)'' and inserting ``subparagraph (E)'';
            (6) in subsection (g)(2)(A)(viii) by striking ``sections 
        5108(g)(2), 5115, and 5116'' and inserting ``chapter 51 (except 
        sections 5109, 5112, and 5119)'';
            (7) by striking subparagraphs (B) and (C) of subsection 
        (g)(2) and inserting the following:
    ``(B) At the beginning of each fiscal year, the Secretary shall 
publish a fee schedule for the fee established under this paragraph. 
The fee schedule shall be designed to collect the following amounts:
            ``(i) Amounts authorized for that fiscal year under 
        sections 5129(b), 5129(d), 5129(e), and 5129(f).
            ``(ii) Amounts appropriated to the Research and Special 
        Programs Administration (RSPA) for that fiscal year under 
        subsection 5129(a)(2).
            ``(iii) Amounts appropriated to RSPA for that fiscal year 
        under subsections 5129(c) and 5129(g).
    ``(C) The Secretary shall transfer to the Secretary of the Treasury 
all funds received by the Secretary under this paragraph, except the 
amounts appropriated to RSPA pursuant to subsection 5129(a)(2), for 
deposit in the account the Secretary of the Treasury established under 
section 5116(i) of this title.
    ``(D) Fees authorized under subsection (g)(2)(B)(ii) shall be 
collected and available for obligation only to the extent and in the 
amount provided in advance in appropriations Acts. Such fees are 
authorized to remain available until expended.
    ``(E) The Secretary shall adjust the amount being collected under 
subparagraph (B) 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.''; 
and
            (8) in subsection (i)(2)(B) by striking ``State,'' and 
        inserting ``State, Indian tribe,''.

SEC. 6. MOTOR CARRIER SAFETY.

    (a) Motor Carrier Safety Permits.--Section 5109(h) of title 49, 
United States Code, is amended by striking ``not later than November 
16, 1991'' and inserting ``based upon the findings of the study 
required by section 5128(a) of this title''.
    (b) Unsatisfactory Safety Rating.--Section 5113 of title 49, United 
States Code, is amended by striking subsections (a) through (d) and 
inserting the following:
    ``A violation of section 31144(c)(3) of this title shall be 
considered a violation of this chapter and shall be subject to the 
penalties in sections 5123 and 5124 of this chapter.''.
    (c) Safety Fitness of Owners and Operators.--Section 31144(c) of 
title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``sections 521(b)(5)(A) 
        and 5113'' and inserting ``section 521(b)(5)(A)''; and
            (2) in paragraph (3) by adding at the end the following: 
        ``A violation of this paragraph shall be considered a violation 
        of chapter 51, and shall be subject to the penalties in 
        sections 5123 and 5124 of this title.''.

SEC. 7. SHIPPING PAPER RETENTION.

    Section 5110(e) of title 49, United States Code, is amended by 
striking the first sentence and inserting the following: ``The person 
who provided the shipping paper and the carrier required to maintain it 
under subsection (a) of this section shall retain the paper, or an 
electronic image of it, for a period of 1 year after the shipping 
paper was provided to the carrier, to be accessible through their 
respective principal places of business.''.

SEC. 8. PUBLIC SECTOR TRAINING CURRICULUM.

    Section 5115 of title 49, United States Code, is amended---
            (1) in subsection (a)--
                    (A) by striking ``Development and Updating.--Not 
                later than November 16, 1992, in'' and inserting 
                ``Updating.--In'';
                    (B) in the first sentence by striking ``national 
                response team'' and inserting ``National Response Team 
                for Oil and Hazardous Substances'';
                    (C) in the first sentence by striking ``develop 
                and''; and
                    (D) by striking the second sentence;
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``developed'' and inserting ``maintained'';
                    (B) in paragraphs (1)(A) and (1)(B) by inserting 
                ``or involving an alternative fuel vehicle'' after 
                ``material'' ; and
                    (C) in paragraph (1)(C) by striking ``under other 
                United States Government grant programs, including 
                those developed with grants made under section 126(g) 
                of the Superfund Amendments and Reauthorization Act of 
                1986 (42 U.S.C. 9660a)'' and inserting ``with Federal 
                financial assistance'' ;
            (3) in subsection (c)(3) by striking ``the National Fire 
        Protection Association'' and inserting ``such voluntary 
        consensus standard-setting organizations as the Secretary deems 
        appropriate''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) Distribution and Publication.--With the National Response 
Team for Oil and Hazardous Substances, the Secretary of Transportation 
may publish a list of programs that use a course developed under this 
section for training public-sector employees to respond to accidents or 
incidents involving hazardous material.''.

SEC. 9. PLANNING AND TRAINING GRANTS; EMERGENCY PREPAREDNESS FUND.

    (a) In General.--Section 5116 of title 49, United States Code, is 
amended by--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 5116. Planning and training grants; emergency preparedness 
              fund'';
            (2) in the second sentence of subsection (e) by striking 
        ``of the State or tribe under subsections (a)(2)(A) and 
        (b)(2)(A)'' and inserting ``received by the State or tribe 
        under subsections (a)(1) and (b)(1)'';
            (3) by striking subsection (f) and inserting the following:
    ``(f) Monitoring and Technical Assistance.--The Secretary of 
Transportation shall monitor public sector emergency response planning 
and training for an accident or incident involving hazardous material. 
Considering the results of the monitoring, the Secretary 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 for Oil and Hazardous Substances and, for 
radioactive material, the Federal Radiological Preparedness 
Coordinating Committee.'';
            (4) in subsection (g) by striking ``Government grant'' and 
        inserting ``Federal financial assistance'';
            (5) by striking subsection (i) and inserting the following:
    ``(i) Emergency Preparedness Fund.--The Secretary of the Treasury 
shall establish an Emergency Preparedness Fund account in the Treasury 
into which the Secretary of the Treasury shall deposit amounts the 
Secretary of Transportation 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;
            ``(2) to monitor and provide technical assistance under 
        subsection (f) of this section;
            ``(3) to publish and distribute the North American 
        Emergency Response Guidebook; and
            ``(4) to pay administrative costs of carrying out this 
        section and sections 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 to carry out these sections 
        may be used to pay these costs.''; and
            (6) by striking subsection (k) and inserting the following:
    ``(k) Small Businesses.--The Secretary may authorize a State or 
Indian tribe receiving a grant under this section to use up to 25 
percent of the amount of the grant to assist small businesses in 
complying with regulations issued under this chapter.''.
    (b) Conforming Amendment.--The table of sections for chapter 51 of 
title 49, United States Code, is amended by striking the item relating 
to section 5116 and inserting the following:

``5116. Planning and training grants; emergency preparedness fund.''.

SEC. 10. SPECIAL PERMITS AND EXCLUSIONS.

    (a) In General.--Section 5117 of title 49, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 5117. Special permits and exclusions'';
            (2) in subsection (a) by striking ``Authority To Exempt'' 
        and inserting ``Authority To Issue Special Permits'';
            (3) by striking ``an exemption'' each place it appears and 
        inserting ``a special permit'';
            (4) by striking ``the exemption'' each place it appears and 
        inserting ``the special permit'';
            (5) in subsection (a)(1) by inserting ``authorizing 
        variances'' before ``from this chapter'';
            (6) in subsection (a)(2)--
                    (A) by striking ``An exemption'' and inserting ``A 
                special permit''; and
                    (B) by striking ``2 years'' and inserting ``4 
                years''.
    (b) Conforming Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by striking the item relating to section 
5117 and inserting the following:

``5117. Special permits and exclusions.''.

SEC. 11. UNIFORM FORMS AND PROCEDURES.

    Section 5119 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)(A) by inserting ``and issue 
        permits to'' after ``register''; and
            (2) by adding at the end of subsection (c) the following:
    ``(4) Pending promulgation of regulations under this subsection, 
States may participate in a program of uniform forms and procedures 
recommended by the working group under subsection (b).''.

SEC. 12. ADMINISTRATION.

    Section 5121 of title 49, United States Code, is amended--
            (1) by striking subsections (a), (b), and (c);
            (2) by redesignating subsections (d) and (e) as subsections 
        (a) and (b), respectively:
            (3) in the second sentence of subsection (b) (as so 
        redesignated) by striking ``The report shall include'' and 
        inserting ``The report shall include or make appropriate 
        reference to''; and
            (4) by adding at the end the following:
    ``(c) Authority for Grants, Cooperative Agreements, and Other 
Transactions.--To carry out this chapter, the Secretary may enter into 
grants, cooperative agreements, and other transactions with a person, 
agency or instrumentality of the United States, a unit of State or 
local government, an Indian tribe, a foreign government (in 
coordination with the Department of State), an educational institution, 
or other entity to further the objectives of this chapter. The 
objectives of this chapter include the conduct of research, 
development, demonstration, risk assessment, emergency response 
planning and training activities.''.

SEC. 13. ENFORCEMENT.

    Section 5122 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5122. Enforcement
    ``(a) General Authority.--To carry out this chapter, the Secretary 
of Transportation may investigate, make reports, issue subpoenas, 
conduct hearings, require the production of records and property, take 
depositions, and conduct research, development, demonstration, and 
training activities. Except as provided in subsection (d) of this 
section, the Secretary shall provide notice and an opportunity for a 
hearing prior to issuing an order directing compliance with this 
chapter or a regulation, order, special permit, or approval issued 
under this chapter.
    ``(b) Records, Reports, Property, and Information.--A person 
subject to this chapter shall--
            ``(1) maintain records, make reports, and provide 
        information that the Secretary by regulation or order requires; 
        and
            ``(2) make the records, reports, property, and information 
        available for inspection when the Secretary requests.
    ``(c) Inspections and Investigations.--(1) A designated officer or 
employee of the Secretary may--
            ``(A) inspect and investigate, at a reasonable time and in 
        a reasonable way, records and property related to--
                    ``(i) designing, manufacturing, fabricating, 
                marking, maintaining, reconditioning, repairing, 
                inspecting, testing, or distributing a packaging, or a 
                component thereof, for use by a person in transporting 
                hazardous materials in commerce; or
                    ``(ii) the transportation of hazardous material in 
                commerce;
            ``(B) except for the packaging immediately adjacent to its 
        hazardous material contents, open and examine a package offered 
        for or in transportation when the officer or employee has an 
        objectively reasonable and articulable belief that the package 
        may contain a hazardous material;
            ``(C) remove from transportation a package or related 
        packages in a shipment offered for or in transportation, and 
        for which such officer or employee has an objectively 
        reasonable and articulable belief that the package or packages 
        may pose an imminent hazard, and for which the officer or 
        employee contemporaneously documents that belief in accordance 
        with procedures adopted under subsection (e) of this section;
            ``(D) gather information from the offeror, packaging 
        manufacturer or retester, or other person responsible for the 
        package to ascertain the nature and hazards of the contents of 
        the package;
            ``(E) as necessary, under terms and conditions specified by 
        the Secretary, order the offeror, packaging manufacturer or 
        retester, or other person responsible for the package to have 
        the package transported to, opened, and the contents examined 
        and analyzed at a facility appropriate for the conduct of this 
        activity; and
            ``(F) when safety might otherwise be compromised, authorize 
        properly qualified personnel to assist in the activities 
        conducted under subsection (c)(1)(B) of this section.
    ``(2) An officer or employee acting under this subsection shall 
display proper credentials when requested.
    ``(3) For instances when, as a result of the inspection or 
investigation, an imminent hazard is not found to exist, the Secretary 
shall develop procedures to assist in the safe resumption of 
transportation of the package and transport unit.
    ``(d) Emergency Orders.--(1) If, upon inspection or investigation, 
the Secretary determines that either a violation of a provision of this 
chapter or a regulation issued under this chapter, or an unsafe 
condition or practice, is causing an imminent hazard, the Secretary may 
issue or impose emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or the opportunity for a hearing, but 
only to the extent necessary to abate the imminent hazard.
    ``(2) The Secretary's action under subsection (d)(1) must be in a 
written order describing the violation, condition or practice that is 
causing the imminent hazard, and stating the restrictions, 
prohibitions, recalls, or out-of-service orders issued or imposed. The 
order also shall describe the standards and procedures for obtaining 
relief from the emergency order.
    ``(3) After taking action under subsection (d)(1), the Secretary 
shall provide an opportunity for review of that action under section 
554 of title 5, and such review shall occur no later than 20 days after 
issuance of such order.
    ``(e) Regulations.--The Secretary shall issue regulations with 
notice and comment, including an opportunity for informal hearing, to 
implement the authority in subsections (c) and (d) of this section.
    ``(f) Enforcement by the Attorney General.--At the request of the 
Secretary, 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.
    ``(g) Imminent Hazard.--If the Secretary has reason to believe that 
an imminent hazard exists, the Secretary may request the Attorney 
General to bring a civil action in an appropriate district court of the 
United States--
            ``(1) to suspend or restrict the transportation of the 
        hazardous material responsible for the hazard; or
            ``(2) to eliminate or mitigate the hazard.
    ``(h) Withholding of Clearance.--(1) If an owner, operator, or 
individual in charge of a vessel is liable for a civil penalty under 
section 5123 of this title or for a fine under section 5124 of this 
title, or if reasonable cause exists to believe that the owner, 
operator, or individual in charge may be subject to penalty or fine, 
the Secretary of the Treasury, upon request of the Secretary of 
Transportation, shall with respect to such vessel refuse or revoke any 
clearance required by section 4197 of the revised Statutes of the 
United States (46 U.S.C. App. 91).
    ``(2) Clearance refused or revoked under this subsection may be 
granted upon the filing of a bond or other surety satisfactory to the 
Secretary of the Treasury.''.

SEC. 14. PENALTIES.

    (a) Civil Penalty.--Section 5123 of title 49, United States Code, 
is amended--
            (1) in subsection (a)(1) by striking the first sentence and 
        inserting the following: ``A person that knowingly violates 
        this chapter or a regulation, order, special permit, or 
        approval issued under this chapter is liable to the United 
        States Government for a civil penalty of at least $250 but not 
more than $27,500 for each violation.''; and
            (2) by striking subsection (c)(2) and inserting the 
        following:
    ``(2) with respect to the violator, the degree of culpability, any 
good-faith efforts to comply with the applicable requirements, any 
history of prior violations, any economic benefit resulting from the 
violation, the ability to pay, and any effect on the ability to 
continue to do business; and''.
    (b) Criminal Penalty.--Section 5124 of title 49, United States 
Code, is amended to read as follows:
``Sec. 5124. Criminal penalty
    ``(a) General.--A person knowingly violating section 5104(b) of 
this title or willfully violating this chapter or a regulation, order, 
special permit, or approval issued under this chapter, shall be fined 
under title 18, imprisoned for not more than 5 years, or both. 
Knowledge by the person of the existence of a regulation or requirement 
prescribed by the Secretary is not an element of an offense under this 
section.
    ``(b) Aggravated Violations.-- A person knowingly violating section 
5104(b) of this title or willfully violating this chapter or a 
regulation, order, special permit, or approval issued under this 
chapter, and thereby causing the release of a hazardous material, shall 
be fined under title 18, imprisoned for not more than 20 years, or 
both.''.

SEC. 15. PREEMPTION.

    Section 5125 of title 49, United States Code, is amended--
            (1) in subsection (a)(2) by striking ``chapter'' the first 
        place it appears and inserting ``chapter, the purposes of this 
        chapter,'';
            (2) in subsection (b)(2) by striking ``after November 16, 
        1990''; and
            (3) by adding at the end the following:
    ``(h) Independent Application of Each Standard.--Each preemption 
standard in subsections (a), (b)(1), (c), and (g) of this section and 
section 5119(c)(2) of this title is independent in its application to a 
requirement of any State, political subdivision of a State, or Indian 
tribe.''.

SEC. 16. JUDICIAL REVIEW.

    (a) In General.--Chapter 51 of title 49, United States Code, is 
amended--
            (1) by redesignating section 5127 as section 5129; and
            (2) by inserting after section 5126 the following:
``Sec. 5127. Judicial review
    ``(a) Filing and Venue.--Except as provided in section 20114(c) of 
this title, a person disclosing a substantial interest in a final order 
issued, under the authority of section 5122 or 5123 of this title, by 
the Secretary of Transportation, with respect to the duties and powers 
designated to be carried out by the Secretary under this chapter, may 
apply for review of the order in the United States Court of Appeals for 
the District of Columbia or in the court of appeals for the United 
States for the circuit in which the person resides or has its principal 
place of business. The petition must be filed not more than 60 days 
after the order is issued. The court may allow the petition to be filed 
after the 60th day only if there are reasonable grounds for not filing 
by the 60th day.
    ``(b) Judicial Procedures.--When a petition is filed under 
subsection (a) of this section, the clerk of the court immediately 
shall send a copy of the petition to the Secretary. The Secretary shall 
file with the court a record of any proceeding in which the order was 
issued, as provided in section 2112 of title 28, United States Code.
    ``(c) Authority of Court.--When the petition is sent to the 
Secretary, the court has exclusive jurisdiction to affirm, amend, 
modify, or set aside any part of the order and may order the Secretary 
to conduct further proceedings. Findings of fact by the Secretary, if 
supported by substantial evidence, are conclusive.
    ``(d) Requirement for Prior Objection.--In reviewing a final order 
under this section, the court may consider an objection to a final 
order of the Secretary only if the objection was made in the course of 
a proceeding or review conducted by the Secretary or if there was a 
reasonable ground for not making the objection in the proceeding.
    ``(e) Supreme Court Review.--A decision by a court under this 
section may be reviewed only by the Supreme Court under section 1254 of 
title 28, United States Code.''.
    (b) Conforming Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by striking the item related to section 
5127 and inserting the following:

``5127. Judicial review.''

SEC. 17. SAFETY STUDY.

    (a) In General.--Chapter 51 of title 49, United States Code (as 
amended by section 16 of this Act) is amended by inserting after 
section 5127 the following:
``Sec. 5128. High-risk hazardous material; motor carrier safety study
    ``(a) Study.--The Secretary of Transportation shall conduct a study 
to--
            ``(1) determine the safety benefits and administrative 
        efficiency of implementing a Federal permit program for high-
        risk hazardous material carriers;
            ``(2) identify and evaluate alternative regulatory methods 
        and procedures that may improve the safety of high-risk 
        hazardous material carriers;
            ``(3) examine the safety benefits of increased monitoring 
        of high-risk hazardous material carriers, and the costs, 
        benefits, and procedures of existing State permit programs;
            ``(4) make such recommendations as may be appropriate for 
        the improvement of uniformity among existing State permit 
        programs; and
            ``(5) assess the potential of advanced technologies for 
        improving the assessment of high-risk hazardous material 
        carriers'' compliance with motor carrier safety regulations.
    ``(b) Time Frame.--The Secretary shall begin the study required by 
subsection (a) within 6 months after the date of enactment of this 
section and complete it within 30 months.
    ``(c) Report.--The Secretary shall report the findings of the study 
required by subsection (a), together with such recommendations as may 
be appropriate, within 36 months after the date of enactment of this 
section.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 51 of 
title 49, United States Code, is amended by adding at the end the 
following:

``5128. High-risk hazardous material; motor carrier safety study.
``5129. Authorization of appropriations.''.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 5129 of title 49, United States Code, as 
redesignated by section 16 of this Act, is amended to read as follows:
``Sec. 5129. Authorization of appropriations
    ``(a) General.--To carry out this chapter (except sections 5107(e), 
5108(g), 5109, 5112, 5113, 5115, 5116, 5119, and 5128)--
            ``(1) not more than $13,638,000 is authorized to be 
        appropriated to the Secretary of Transportation for fiscal year 
        2000; and
            ``(2) from amounts collected under section 
        5108(g)(2)(B)(ii) of this title, not more than $18,213,000 is 
        authorized to be appropriated to the Secretary for fiscal year 
        2000, and such sums as may be necessary are authorized to be 
        appropriated to the Secretary for fiscal years 2001 through 
        2005.
    ``(b) Supplemental Training Grants.--Not more than $250,000 is 
available to the Secretary for fiscal year 2000 and such amounts as are 
necessary for fiscal years 2001 through 2005, from amounts in the 
account established under section 5116(i) of this title, to carry out 
section 5116(j) of this title.
    ``(c) Training Curriculum.--Not more than $200,000 is available to 
the Secretary for fiscal year 2000 and such amounts as are necessary 
for fiscal years 2001 through 2005, from amounts in the account 
established under section 5116(i) of this title, to carry out section 
5115 of this title.
    ``(d) Planning and Training.--(1) Not more than $5,000,000 is 
available to the Secretary for fiscal year 2000 and such amounts as are 
necessary for fiscal years 2001 through 2005, from amounts in the 
account established under section 5116(i) of this title, to carry out 
section 5116(a) of this title.
    ``(2) Not more than $7,800,000 is available to the Secretary for 
fiscal year 2000 and such amounts as are necessary for fiscal years 
2001 through 2005, from amounts in the account established under 
section 5116(i) of this title, to carry out section 5116(b) of this 
title.
    ``(3) Not more than $150,000 is available to the Secretary for 
fiscal year 2000 and such amounts as are necessary for fiscal years 
2001 through 2005, from amounts in the account established under 
section 5116(i) of this title, to carry out section 5116(f) of this 
title.
    ``(e) Emergency Response Guidebook.--Not more than $600,000 is 
available to the Secretary for fiscal year 2000 and such amounts as are 
necessary for fiscal years 2001 through 2005, from amounts in the 
account established under section 5116(i) of this title, to publish and 
distribute the North American Emergency Response Guidebook.
    ``(f) Administrative Costs.--Not more than $300,000 is available to 
the Secretary for fiscal year 2000 and such amounts as are necessary 
for fiscal years 2001 through 2005, from amounts in the account 
established under section 5116(i) of this title, to carry out section 
5116(i)(4) of this title.
    ``(g) Training of Hazmat Employee Instructors.--Such amounts as 
necessary are authorized to be appropriated to the Secretary, from 
amounts in the account established under section 5116(i) of this title, 
for each of fiscal years 2001 through 2005, to carry out section 
5107(e) of this title.
    ``(h) 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.
    ``(i) Availability of Amounts.--Amounts available under this 
section remain available until expended.''.
    (b) Conforming Amendment.--Section 5107(e) of title 49, United 
States Code, is amended by striking ``section 5127(c)(3)'' and 
inserting ``section 5129''.

SEC. 19. INTERMODAL CONTAINER PILOT PROGRAM.

    The Secretary of Transportation, through the Commandant of the 
Coast Guard, shall conduct a two-year pilot program to randomly inspect 
intermodal containers in coastal port areas in order to determine the 
extent to which undeclared hazardous material is being offered for 
transportation in commerce. Under this program, Coast Guard inspection 
personnel may open and inspect any intermodal container on a vessel or 
marine terminal or elsewhere in a port area on the Atlantic, Pacific, 
or Gulf of Mexico coasts if that container has been randomly selected 
for inspection by a supervisor who is not on site. The Secretary shall 
initiate such program within 1 year after the date of enactment of this 
Act. Within 6 months after completion of this program, the Secretary 
shall report to Congress on the results of this program. That report 
shall contain the number of containers inspected, the number of 
containers containing undeclared hazardous material, a description of 
the safety hazards posed by the undeclared hazardous material, and a 
recommendation for any legislation necessary to address those safety 
hazards.

SEC. 20. MODES AND ROUTES STUDY.

    Section 5105 of title 49, United States Code, is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsection (e) as subsection (d).
                                 <all>