[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4016 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4016

 To reauthorize the hazardous material safety program, ensure the safe 
  transport of hazardous material in all modes of transportation, and 
   reduce the risks to life and property inherent in the commercial 
     transportation of hazardous material, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2009

 Mr. Oberstar introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the hazardous material safety program, ensure the safe 
  transport of hazardous material in all modes of transportation, and 
   reduce the risks to life and property inherent in the commercial 
     transportation of hazardous material, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hazardous Material 
Transportation Safety Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. General definitions.
 TITLE I--STRENGTHENING EMERGENCY RESPONSE CAPABILITIES AND INFORMATION

Sec. 101. Minimum standards for emergency response information 
                            services.
Sec. 102. Training for emergency responders.
Sec. 103. Assessment of volunteer firefighter training capabilities.
Sec. 104. National hazardous materials fusion center.
Sec. 105. Paperless hazard communications pilot program.
           TITLE II--STRENGTHENING HAZARDOUS MATERIAL SAFETY

Sec. 201. Transportation of lithium cells and batteries on board 
                            aircraft.
Sec. 202. Requirements relating to external product piping on cargo 
                            tanks transporting flammable liquid.
Sec. 203. Improving data collection, analysis, and reporting.
                  TITLE III--STRENGTHENING ENFORCEMENT

Sec. 301. Hazardous material enforcement training program.
Sec. 302. Inspections and investigations.
Sec. 303. Civil penalties.
Sec. 304. Additional resources.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Special permits, approvals, and exclusions.
Sec. 402. Uniform hazardous material State registration and permit 
                            program.
Sec. 403. Regular reporting on use of fees.
Sec. 404. Implementation of the hazardous material safety permit 
                            program.
Sec. 405. Authorization of appropriations.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. GENERAL DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

 TITLE I--STRENGTHENING EMERGENCY RESPONSE CAPABILITIES AND INFORMATION

SEC. 101. MINIMUM STANDARDS FOR EMERGENCY RESPONSE INFORMATION 
              SERVICES.

    (a) In General.--Not later than 24 months after the date of 
enactment of this Act, the Secretary shall prescribe, by regulation, 
minimum standards for persons who provide hazardous material 
transportation emergency response information services required or 
governed by regulations prescribed under chapter 51 of title 49, United 
States Code.
    (b) Authority.--Section 5103(b)(1)(A) is amended--
            (1) in clause (vi) by striking ``or'' after the semicolon;
            (2) by redesignating clause (vii) as clause (viii);
            (3) in clause (viii), as so redesignated, by striking 
        ``through (vi)'' and inserting ``through (vii)''; and
            (4) by inserting after clause (vi) the following:
                            ``(vii) provides hazardous material 
                        transportation emergency response information 
                        services required or governed by regulations 
                        prescribed under this chapter; or''.

SEC. 102. TRAINING FOR EMERGENCY RESPONDERS.

    (a) Operations Level Training.--Section 5116 is amended--
            (1) in subsection (b)(1) by adding at the end the 
        following: ``To the extent that a grant is used to train 
        emergency responders, the State or Indian tribe shall certify, 
        in writing, to the Secretary that the emergency responders who 
        receive training under the grant, at a minimum, will have the 
        ability to protect nearby persons, property, and the 
        environment from the effects of accidents or incidents 
        involving the transportation of hazardous material in 
        accordance with existing regulations or National Fire 
        Protection Association Standard 472.'';
            (2) in subsection (i)(4) by striking ``2 percent'' and 
        inserting ``4 percent'';
            (3) in subsection (j)--
                    (A) by redesignating paragraph (5) as paragraph 
                (7); and
                    (B) by inserting after paragraph (4) the following:
            ``(5) The Secretary may make a grant to an organization 
        under this subsection only if the organization ensures that 
        emergency responders who receive training under the grant, at a 
        minimum, will have the ability to protect nearby persons, 
        property, and the environment from the effects of accidents or 
        incidents involving the transportation of hazardous material in 
        accordance with existing regulations or National Fire 
        Protection Association Standard 472.
            ``(6) Notwithstanding paragraphs (1) and (3), to the extent 
        determined appropriate by the Secretary, a grant made by the 
        Secretary to an organization under this subsection to conduct 
        hazardous material response training programs may be used to 
        train individuals with statutory responsibility to respond to 
        accidents and incidents involving hazardous material.''; and
            (4) in subsection (k)--
                    (A) by striking ``The Secretary shall submit 
                annually'' and inserting ``Not later than March 1, 
                2010, and every 2 years thereafter, the Secretary shall 
                submit''; and
                    (B) by striking the second sentence and inserting 
                the following: ``The report shall identify the ultimate 
                recipients of such grants and include--
            ``(1) a detailed accounting and description of each grant 
        expenditure by each grant recipient, including the amount of 
        and purpose for each expenditure;
            ``(2) the number of persons trained under the grant program 
        by training level;
            ``(3) an evaluation of the efficacy of such training; and
            ``(4) any recommendations the Secretary may have for 
        improving such grant programs.''.
    (b) Training Curriculum.--Section 5115 is amended in each of 
subsections (b)(1)(B), (b)(2), and (c) by striking ``basic''.

SEC. 103. ASSESSMENT OF VOLUNTEER FIREFIGHTER TRAINING CAPABILITIES.

    (a) Assessment.--
            (1) In general.--The Secretary may conduct an assessment of 
        the existing training capabilities of, and delivery methods 
        available for the preparedness and training of, volunteer fire 
        services personnel to safely respond to accidents and incidents 
        involving the transportation of hazardous material.
            (2) Consultation.--In carrying out the assessment, the 
        Secretary may collaborate with the national hazardous materials 
        fusion center established under section 5128 of title 49, 
        United States Code, (as added by section 104 of this Act) and 
        organizations representing volunteer fire services personnel.
    (b) Pilot Program.--
            (1) In general.--Upon completion of the assessment, the 
        Secretary may carry out a volunteer firefighter hazardous 
        material training pilot program based on the results of the 
        assessment.
            (2) Activities.--Under the pilot program, the Secretary, in 
        order to assist volunteer fire services personnel in safely 
        responding to accidents and incidents involving the 
        transportation of hazardous material, may--
                    (A) develop innovative measures for delivering 
                training;
                    (B) determine authorized training programs that are 
                eligible for reimbursement from the Secretary;
                    (C) provide assistance to volunteer fire services 
                personnel to enable the acquisition of training 
                materials and supplies and to support preparedness 
                training and exercises; and
                    (D) coordinate with Federal, State, and local 
                agencies to foster the exchange of fire-related 
                training information and resources.
    (c) Report.--Upon completion of the assessment and, if applicable, 
the pilot program, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the assessment and pilot program, including 
any recommendations for strengthening training for volunteer 
firefighters to safely respond to accidents and incidents involving the 
transportation of hazardous material.

SEC. 104. NATIONAL HAZARDOUS MATERIALS FUSION CENTER.

    (a) In General.--Chapter 51 is amended by redesignating section 
5128 as section 5129 and by inserting after section 5127 the following:
``Sec. 5128. National hazardous materials fusion center
    ``(a) In General.--The Secretary shall establish and maintain a 
national hazardous materials fusion center to serve as a data and 
information network for emergency response providers, Federal, State, 
and local government agencies, and for-profit and nonprofit 
organizations that are engaged in hazardous material response.
    ``(b) Duties.--The center shall--
            ``(1) enhance emergency response provider communication and 
        safety with respect to accidents and incidents involving the 
        transportation of hazardous material;
            ``(2) improve decisionmaking for the prevention and 
        mitigation of such accidents and incidents;
            ``(3) establish and operate regional incident survey teams 
        to--
                    ``(A) determine lessons learned from emergency 
                response providers involved in such accidents or 
                incidents;
                    ``(B) develop best practices for responding to such 
                accidents or incidents; and
                    ``(C) improve curricula and training materials for 
                emergency response providers in responding to such 
                accidents and incidents; and
            ``(4) collect and analyze data from the responses to 
        accidents and incidents involving the transportation of 
        hazardous material in order to understand accident and incident 
        trends and patterns and develop recommendations for performance 
        measures for the safe response to hazardous material accidents 
        and incidents, including the safety of emergency response 
        providers and the public.
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) Emergency response provider.--The term `emergency 
        response provider' includes Federal, State, and local 
        governmental and nongovernmental emergency public safety, fire, 
        law enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities.
            ``(2) Regional incident survey team.--The term `regional 
        incident survey team' means a team that is established by the 
        national hazardous materials fusion center and that is composed 
        of persons who are skilled by reason of education, training, or 
        experience in responding to hazardous material accidents and 
        incidents.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2011, 2012, 2013, and 2014.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by striking the item relating to section 5128 and inserting after the 
item relating to section 5127 the following:

``5128. National hazardous materials fusion center.
``5129. Authorization of appropriations.''.

SEC. 105. PAPERLESS HAZARD COMMUNICATIONS PILOT PROGRAM.

    (a) In General.--The Secretary may conduct 3 pilot projects, at 
least 1 of which shall be in a rural area, to evaluate the feasibility 
and effectiveness of using paperless hazard communications systems.
    (b) Requirements.--In conducting the pilot projects, the 
Secretary--
            (1) may not waive the requirements of section 5110 of title 
        49, United States Code; and
            (2) shall consult with organizations representing--
                    (A) fire services personnel;
                    (B) law enforcement and other appropriate 
                enforcement personnel;
                    (C) other emergency response providers;
                    (D) persons who offer hazardous material for 
                transportation;
                    (E) persons who transport hazardous material by 
                air, highway, rail, and water; and
                    (F) employees of persons who transport or offer for 
                transportation hazardous material by air, highway, 
                rail, and water.
    (c) Reports.--
            (1) Interim report.--Not later than 3 years after the date 
        of enactment of this Act, the Secretary shall--
                    (A) prepare an interim report on the results of the 
                pilot projects carried out under this section, 
                including--
                            (i) a detailed description of the pilot 
                        projects;
                            (ii) an evaluation of each pilot project, 
                        including an evaluation of the performance of 
                        each paperless hazard communications system in 
                        such project;
                            (iii) an assessment of the safety and 
                        security impact of using paperless hazard 
                        communications systems, including any impact on 
                        the public, emergency response, law 
                        enforcement, and the conduct of inspections and 
                        investigations; and
                            (iv) a recommendation on whether paperless 
                        hazard communications systems should be 
                        incorporated into the Federal hazardous 
                        material transportation safety program under 
                        chapter 51 of title 49, United States Code, on 
                        a permanent basis; and
                    (B) transmit such interim report to the 
                organizations consulted under subsection (b)(2) and 
                request that such organizations provide written 
                comments in response to the interim report within 60 
                days.
            (2) Final report.--Not later than 120 days after 
        transmitting the interim report to the organizations consulted 
        under subsection (b)(2), the Secretary shall transmit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a final report on the results of 
        the pilot projects carried out under this section, including 
        the matter described in paragraph (1)(A) and any written 
        comments received pursuant to paragraph (1)(B).
    (d) Paperless Hazard Communications System Defined.--In this 
section, the term ``paperless hazard communications system'' means the 
use of advanced communications methods, such as wireless communications 
devices, to convey hazard information between all parties in the 
transportation chain, including emergency responders and law 
enforcement personnel.

           TITLE II--STRENGTHENING HAZARDOUS MATERIAL SAFETY

SEC. 201. TRANSPORTATION OF LITHIUM CELLS AND BATTERIES ON BOARD 
              AIRCRAFT.

    (a) In General.--Chapter 51 is amended by inserting after section 
5110 the following:
``Sec. 5111. Transportation of lithium cells and batteries on board 
              aircraft
    ``(a) Revisions to Current Regulations.--Not later than 24 months 
after the date of enactment of the Hazardous Material Transportation 
Safety Act of 2009, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration, in coordination with the Administrator 
of the Federal Aviation Administration, shall issue regulations in 
accordance with this section to provide for the safe transportation of 
lithium cells and batteries on board aircraft.
    ``(b) Requirements.--In carrying out subsection (a), the 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration, at a minimum, shall--
            ``(1) require packages containing lithium cells and 
        batteries to be identified as hazardous material in a manner 
        that clearly conveys the properties, hazards, and dangers of 
        such cells and batteries on such packages and in shipping 
        documents;
            ``(2) establish requirements for testing and re-testing 
        lithium cells and batteries that, at a minimum, are equivalent 
        to the United Nations testing regime;
            ``(3) provide for an appropriate marking or other measure 
        that indicates that lithium cells and batteries are in 
        compliance with the requirements established under paragraph 
        (2);
            ``(4) adopt a watt-hours requirement in lieu of equivalent 
        lithium content to provide a more easily understood measure of 
        the hazard posed by lithium-ion cells and batteries;
            ``(5) establish appropriate packaging performance 
        requirements, including outer packaging performance 
        requirements, for lithium cells and batteries to minimize risk 
        during transportation on board aircraft, including the 
        prevention of short-circuiting, overheating, initiation of 
        fires, and fire propagation;
            ``(6) establish limits on the number of packages containing 
        lithium cells and batteries that may be transported in a unit 
        load device, pallet, or container on board an aircraft based on 
        the watt-hour rating of the total number of lithium cells and 
        batteries in a package;
            ``(7) limit the stowage of lithium cells and batteries to 
        crew accessible locations on aircraft, unless such cells and 
        batteries are transported in a fire-resistant container or the 
        aircraft contains a fire suppression system capable of 
        extinguishing or controlling a fire involving a lithium cell or 
        battery; and
            ``(8) require reporting of all accidents and incidents 
        involving lithium cells and batteries that occur on board an 
        aircraft or during loading or unloading operations or storage 
        incidental to movement and require retention of the failed 
        cells and batteries for evaluation purposes.
    ``(c) Batteries Shipped for Personal Use.--The Administrator, in 
coordination with the Administrator of the Federal Aviation 
Administration, shall except from the regulations established under 
subsection (a) small quantities of lithium cells or batteries that are 
shipped on board aircraft for the personal use of the receiver of the 
shipment.
    ``(d) Review of Exemptions.--The Administrator of the Pipeline and 
Hazardous Materials Safety Administration, in coordination with the 
Administrator of the Federal Aviation Administration, shall review all 
special permits and approvals issued by the Administrator that allow 
holders of and parties to such special permits and approvals to deviate 
from requirements for the transportation of lithium cells or batteries 
on board aircraft to determine if such special permits and approvals 
should be terminated or modified to reflect regulations established 
pursuant to this section.
    ``(e) Transportation of Defective or Damaged Batteries.--
            ``(1) In general.--The Administrator of the Pipeline and 
        Hazardous Materials Safety Administration, in coordination with 
        the Administrator of the Federal Aviation Administration, shall 
        prohibit the transportation on board aircraft of lithium cells 
        and batteries identified by the manufacturer or a Federal 
        Government entity as being defective for safety reasons or 
        damaged and that have the potential of producing heat or fire 
        or short-circuiting on board aircraft. The Administrator of the 
        Pipeline and Hazardous Materials Safety Administration shall 
        establish appropriate safety measures for transporting (other 
        than on board aircraft) such defective or damaged lithium cells 
        and batteries.
            ``(2) Recalls.--When such lithium cells or batteries are 
        recalled for safety reasons, the Administrator of the Pipeline 
        and Hazardous Materials Safety Administration, in consultation 
        with the Consumer Product Safety Commission, shall establish a 
        mechanism for appropriate notification to the manufacturer and 
        consumers that these items are prohibited from being 
        transported on board aircraft.
    ``(f) Simplification and Consolidation of Requirements.--
            ``(1) In general.--The Administrator of the Pipeline and 
        Hazardous Materials Safety Administration, in coordination with 
        the Administrator of the Federal Aviation Administration, shall 
        consolidate and simplify for clarity, ease of understanding, 
        and use the regulations of the Department of Transportation 
        governing requirements for the transportation of lithium cells 
        and batteries on board aircraft.
            ``(2) Education.--The Administrator of the Pipeline and 
        Hazardous Materials Safety Administration, in coordination with 
        the Administrator of the Federal Aviation Administration, shall 
        review and modify, as necessary, the existing program to 
        educate and provide guidance to the air traveling public, 
        including flight crews, about how to safely carry authorized 
        lithium cells or batteries or electronic devices containing 
        such cells or batteries on board an aircraft and shall 
        establish a process to periodically measure the effectiveness 
        of efforts to educate the air traveling public, including 
        flight crews.
    ``(g) Nonpreemption of Certain Regulations.--
            ``(1) Primary lithium batteries.--The Secretary shall 
        continue in effect the prohibition on the transportation of 
        primary lithium batteries and cells on board passenger-carrying 
        aircraft, unless the Secretary issues, through publication in 
        the Federal Register, a determination that such prohibition 
        must be modified or withdrawn.
            ``(2) Passenger exception.--Notwithstanding paragraph (1), 
        the exceptions provided for passengers, crew members, and air 
        operators in section 175.10 of title 49, Code of Federal 
        Regulations, shall remain in effect unless the Secretary 
        issues, through publication in the Federal Register, a 
        determination that the regulation in such section must be 
        modified or withdrawn for safety reasons.
    ``(h) Definitions.--In this section:
            ``(1) Battery.--The term `battery' means 1 or more cells 
        that are electrically connected by permanent means and includes 
        the case, terminals, and markings.
            ``(2) Cell.--The term `cell' means a single encased 
        electrochemical unit (1 positive and 1 negative electrode) that 
        exhibits a voltage differential across its 2 terminals.
            ``(3) Lithium cell or battery.--The term `lithium cell or 
        battery' means a primary lithium cell or battery or a lithium-
        ion cell or battery.
            ``(4) Lithium-ion cell or battery.--The term `lithium-ion 
        cell or battery' means a rechargeable electrochemical cell or 
        battery in which the positive and negative electrodes are both 
        intercalation compounds constructed with no metallic lithium in 
        either electrode. A lithium polymer cell or battery that uses 
        lithium-ion chemistries shall be considered to be a lithium-ion 
        cell or battery.
            ``(5) Primary lithium cell or battery.--The term `primary 
        lithium cell or battery' means a lithium metal cell or battery 
        that is not designed to be electrically charged or 
        recharged.''.
    (b) Clerical Amendment.--The analysis for chapter 51 is amended by 
inserting after the item relating to section 5110 the following:

``Sec. 5111. Transportation of lithium cells and batteries on board 
                            aircraft.''.

SEC. 202. REQUIREMENTS RELATING TO EXTERNAL PRODUCT PIPING ON CARGO 
              TANKS TRANSPORTING FLAMMABLE LIQUID.

    (a) In General.--Chapter 51 is amended by inserting after section 
5117 the following:
``Sec. 5118. Requirements relating to external product piping on cargo 
              tanks transporting flammable liquid
    ``(a) In General.--
            ``(1) Prohibition for new cargo tank motor vehicles.--
        Subject to subsection (b), the Secretary shall prohibit the 
        transportation of a Class 3 flammable liquid in the external 
        product piping of a cargo tank motor vehicle manufactured on or 
        after the 2-year period beginning on the date of enactment of 
        the Hazardous Material Transportation Safety Act of 2009.
            ``(2) Prohibition for existing cargo tank motor vehicles.--
        Subject to subsection (b), no person may offer for 
        transportation or transport a Class 3 flammable liquid in the 
        external product piping of a cargo tank motor vehicle on or 
        after December 31, 2020.
    ``(b) Limitation on Applicability.--Subsection (a) does not apply--
            ``(1) to a cargo tank motor vehicle designed and 
        constructed with engine, body, and cargo tank permanently 
        mounted on the same chassis with product piping protected from 
        impact by another motor vehicle by the structural components of 
        the cargo tank motor vehicle, such as damage protection guards, 
        framing members, or wheel assemblies; or
            ``(2) to a minimal amount, as determined by the Secretary 
        by regulation, of hazardous material residue that remains in 
        the external product piping after the piping is drained.
    ``(c) Enforcement Personnel.--
            ``(1) In general.--The Secretary shall issue guidance to 
        motor carrier safety enforcement personnel on how to conduct 
        inspections of cargo tank motor vehicles in a manner that 
        ensures safety. The guidance shall prohibit such enforcement 
        personnel from opening valves of external product piping during 
        inspections or conducting any other activity that could cause 
        the release of hazardous material at the inspection site.
            ``(2) Consultation.--In developing the guidance under 
        paragraph (1), the Secretary shall consult with a nonprofit 
        organization comprised of Federal, State, and local motor 
        carrier safety enforcement personnel.
    ``(d) Worker Safety.--
            ``(1) In general.--The Secretary and the Secretary of Labor 
        shall each review and update, as appropriate, existing 
        standards of the Secretary to ensure that personnel who conduct 
        any activities pursuant to this section, including welding, are 
        adequately protected.
            ``(2) Consultation.--In conducting the review and update 
        under paragraph (1), the Secretary and the Secretary of Labor 
        shall each consult, as appropriate, with a nonprofit 
        organization representing employees of cargo tank motor vehicle 
        operators and a nonprofit organization representing cargo tank 
        motor vehicle owners and operators.
    ``(e) Definitions.--In this section:
            ``(1) Cargo tank motor vehicle.--The term `cargo tank motor 
        vehicle' has the meaning given such term in part 171 of title 
        49, Code of Federal Regulations, as in effect on the date of 
        enactment of the Hazardous Material Transportation Safety Act 
        of 2009.
            ``(2) Class 3 flammable liquid.--The term `Class 3 
        flammable liquid' has the meaning given such term in section 
        173.120(a) of title 49, Code of Federal Regulations, as in 
        effect on the date of enactment of the Hazardous Material 
        Transportation Safety Act of 2009.''.
    (b) Clerical Amendment.--The analysis for chapter 51 is amended by 
inserting after the item relating to section 5117 the following:

``5118. Requirements relating to external product piping on cargo tanks 
                            transporting flammable liquid.''.

SEC. 203. IMPROVING DATA COLLECTION, ANALYSIS, AND REPORTING.

    (a) Establishment of Working Group.--Not later than 60 days after 
the date of enactment of this Act, the Secretary shall establish a 
working group for the purpose of improving the collection, analysis, 
reporting, and use of data related to accidents and incidents involving 
the transportation of hazardous material.
    (b) Membership.--The working group shall consist of the following:
            (1) At least 1 representative of each of the following 
        agencies, to be appointed by the head of the agency:
                    (A) The Federal Aviation Administration.
                    (B) The Federal Motor Carrier Safety 
                Administration.
                    (C) The Federal Railroad Administration.
                    (D) The Coast Guard.
                    (E) The Pipeline and Hazardous Materials Safety 
                Administration.
            (2) Such other officers or employees of the Department as 
        the Secretary may appoint.
    (c) Duties.--The working group shall--
            (1) review the Pipeline and Hazardous Materials Safety 
        Administration's methods for collecting, analyzing, and 
        reporting accidents and incidents involving the transportation 
        of hazardous material, including the adequacy of--
                    (A) information requested on the accident and 
                incident reporting forms required to be submitted to 
                the Administration;
                    (B) methods used by the Administration to verify 
                that the information provided on such forms is accurate 
                and complete;
                    (C) resources of the Administration related to data 
                collection, analysis, and reporting, including staff 
                and information technology; and
                    (D) the database used by the Administration for 
                recording and reporting such accidents and incidents, 
                including the ability of users to adequately search the 
                database and find information;
            (2) make recommendations to the Administration for 
        improving the collection, analysis, reporting, and use of such 
        data; and
            (3) such other duties as the Secretary determines are 
        appropriate.
    (d) Development of Action Plan.--Not later than 90 days after the 
date of enactment of this Act, taking into consideration the 
recommendations made by the working group, the Secretary shall develop 
an action plan and timeline for improving the collection, analysis, 
reporting, and use of data by the Administration, including revising 
the database of the Administration, as appropriate.
    (e) Submission to Congress.--Not later than 15 days after the date 
of development of the action plan and timeline under subsection (d), 
the Secretary shall submit the action plan and timeline to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

                  TITLE III--STRENGTHENING ENFORCEMENT

SEC. 301. HAZARDOUS MATERIAL ENFORCEMENT TRAINING PROGRAM.

    (a) In General.--The Secretary shall carry out a hazardous material 
enforcement training program--
            (1) to develop uniform performance standards for training 
        hazardous material inspectors and investigators;
            (2) to train hazardous material inspectors and 
        investigators on how to collect, analyze, and publish findings 
        from inspections and investigations of accidents or incidents 
        involving the transportation of hazardous material; and
            (3) to train hazardous material inspectors and 
        investigators on how to identify noncompliance with regulations 
        issued under chapter 51 of title 49, United States Code, and 
        take appropriate enforcement action.
    (b) Standards and Guidelines.--Under the program, the Secretary may 
develop--
            (1) guidelines for hazardous material inspector and 
        investigator qualifications;
            (2) best practices and standards for hazardous material 
        inspector and investigator training programs; and
            (3) standard protocols to coordinate investigation efforts 
        among Federal, State, and local jurisdictions on accidents or 
        incidents involving the transportation of hazardous material.
    (c) Availability.--The Secretary may make the standards, protocols, 
and findings of the program described in this section available to 
Federal, State, and local hazardous material safety enforcement 
personnel.

SEC. 302. INSPECTIONS AND INVESTIGATIONS.

    (a) Notice of Enforcement Measures.--Section 5121(c)(1) is 
amended--
            (1) in subparagraph (E) by striking ``and'' at the end;
            (2) in subparagraph (F) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) shall provide to the affected offeror, 
                carrier, packaging manufacturer or tester, or other 
                person responsible for the package reasonable notice of 
                any findings made and actions being taken as a result 
                of a finding of noncompliance.''.
    (b) Regulations.--Section 5121(e) is amended by adding at the end 
the following:
            ``(3) Matters to be addressed.--In issuing the regulations 
        to carry out subsections (c) and (d), the Secretary shall 
        address, at a minimum, the following:
                    ``(A) Safe and expeditious resumption of 
                transportation of perishable hazardous material, 
                including radiopharmaceuticals and other medical 
                products, that may require timely delivery due to life-
                threatening situations.
                    ``(B) Appropriate training and equipment for 
                inspectors.
                    ``(C) The proper closure of packaging in accordance 
                with the hazardous material regulations.''.
    (c) Grants and Cooperative Agreements.--Section 5121(g)(1) is 
amended by striking ``security'' and inserting ``safety and security''.
    (d) Authority To Conduct Investigations.--Section 5121 is amended 
by adding at the end the following:
    ``(i) Accident or Incident Investigations.--
            ``(1) In general.--A designated officer, employee, or agent 
        of the Secretary may investigate an accident or incident 
        involving the transportation of hazardous material.
            ``(2) Authorities in conducting investigations.--In 
        conducting an investigation of an accident or incident 
        involving the transportation of hazardous material, a 
        designated officer, employee, or agent of the Secretary may--
                    ``(A) enter property;
                    ``(B) subpoena witnesses;
                    ``(C) require the production of records, exhibits, 
                and other evidence;
                    ``(D) administer oaths; and
                    ``(E) take testimony.
            ``(3) Coordination with state investigations.--If an 
        accident or incident involving the transportation of hazardous 
        material is investigated by the State in which such accident or 
        incident occurred, the Secretary, to the extent practicable, 
        shall coordinate any investigation conducted by the Secretary 
        with respect to such accident or incident with the State's 
        investigation.
            ``(4) Authority of national transportation safety board.--
        Pursuant to chapter 11, the National Transportation Safety 
        Board retains authority to lead the investigation into an 
        accident or incident involving the transportation of hazardous 
        material. The Secretary shall use the Secretary's authority 
        under this paragraph to support any investigation the Board 
        undertakes.
            ``(5) Reports.--When the Secretary determines it to be in 
        the public interest, the Secretary shall make available to the 
        public the results of an investigation conducted by the 
        Secretary with respect to an accident or incident involving the 
        transportation of hazardous material, including a statement of 
        the cause of the accident or incident and such recommendations 
        as the Secretary considers appropriate.''.

SEC. 303. CIVIL PENALTIES.

    Section 5123 is amended by adding at the end the following:
    ``(h) Penalty for Obstruction of Inspections and Investigations.--
The Secretary may impose a penalty on a person who obstructs or 
prevents the Secretary from carrying out inspections or investigations 
under section 5121(c) or 5121(i).
    ``(i) Prohibition on Hazardous Material Operations After Nonpayment 
of Penalties.--
            ``(1) In general.--A person subject to the jurisdiction of 
        the Secretary under this chapter for whom a civil penalty is 
        assessed under this chapter and who does not pay such penalty 
        or fails to arrange and abide by an acceptable payment plan for 
        such civil penalty may not conduct any activity regulated under 
        this chapter beginning on the 91st day after the date specified 
        by order of the Secretary for payment of such penalty.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        person who is unable to pay a civil penalty because such person 
        is a debtor in a case under chapter 11 of title 11, United 
        States Code.
            ``(3) Rulemaking required.--Not later than 24 months after 
        the date of the enactment of this subsection, the Secretary, 
        after providing notice and an opportunity for public comment, 
        shall issue regulations setting forth procedures to require a 
        person who is delinquent in paying civil penalties to cease any 
        activity regulated under this chapter until payment has been 
        made or an acceptable payment plan has been arranged. The 
        regulation shall ensure that the person is notified in writing 
        and given an opportunity to respond before the person is 
        required to cease the activity.''.

SEC. 304. ADDITIONAL RESOURCES.

    (a) In General.--The Secretary shall increase the personnel of the 
Pipeline and Hazardous Materials Safety Administration by a total of 84 
full-time employees to carry out the hazardous material safety program 
and the administration of that program, of which--
            (1) 24 employees shall be added in fiscal year 2010;
            (2) 40 employees shall be added in fiscal year 2011; and
            (3) 20 employees shall be added in fiscal year 2012.
    (b) Functions.--In increasing the number of employees pursuant to 
subsection (a), the Secretary shall focus on hiring employees to--
            (1) conduct data collection, analysis, and reporting;
            (2) develop, implement, and update information technology 
        utilized by the Pipeline and Hazardous Materials Safety 
        Administration;
            (3) implement the requirements of section 5117 of title 49, 
        United States Code;
            (4) conduct routine inspections and audits of persons who 
        transport, cause to be transported, or offer for transportation 
        hazardous material;
            (5) support hazardous material enforcement activities of 
        the Pipeline and Hazardous Materials Safety Administration, 
        including training of hazardous material enforcement personnel; 
        and
            (6) support the overall hazardous material safety mission 
        of the Pipeline and Hazardous Materials Safety Administration.
    (c) Specific Duties.--Of the number of additional full-time 
employees added each fiscal year by subsection (a), not less than 10 of 
such employees each fiscal year shall be assigned to perform the 
function described in subsection (b)(4).

                        TITLE IV--MISCELLANEOUS

SEC. 401. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS.

    (a) In General.--Section 5117 is amended to read as follows:
``Sec. 5117. Special permits, approvals, and exclusions
    ``(a) Authority To Issue Special Permits.--
            ``(1) Conditions.--As provided under procedures prescribed 
        by regulation, the Secretary may issue, modify, or terminate a 
        special permit authorizing a variance from this chapter or a 
        regulation prescribed under section 5103(b), 5104, 5110, or 
        5112 to a person performing a function regulated by the 
        Secretary under section 5103(b)(1) in a way that achieves a 
        safety level--
                    ``(A) at least equal to the safety level required 
                under this chapter; or
                    ``(B) consistent with the public interest and this 
                chapter, if a required safety level does not exist.
            ``(2) Findings required.--
                    ``(A) In general.--Prior to issuing, renewing, or 
                modifying a special permit or granting party status to 
                a special permit, the Secretary shall determine that 
                the person is fit, willing, and able to conduct the 
                activity authorized by such permit in a manner that 
                achieves the level of safety required under paragraph 
                (1).
                    ``(B) Considerations.--In making the determination 
                under subparagraph (A), the Secretary shall consider 
                the person's safety history (including prior compliance 
                history), accident and incident history, and any other 
                information the Secretary considers appropriate to make 
                such a determination.
            ``(3) Effective period.--A special permit issued under this 
        section shall be effective for an initial period of not more 
        than 2 years and may be renewed by the Secretary upon 
        application for successive periods of not more than 4 years 
        each or, in the case of a special permit relating to section 
        5112, for an additional period of not more than 2 years.
    ``(b) Applications.--
            ``(1) Required documentation.--When applying for a special 
        permit or renewal or modification of a special permit or 
        requesting party status to a special permit under this section, 
        the Secretary shall require the person to submit an application 
        that contains, at a minimum, a detailed description of the 
        person's request, a listing of the person's facilities and 
        addresses where the special permit will be utilized, a safety 
        analysis prescribed by the Secretary that justifies the special 
        permit, documentation to support the safety analysis, and, if 
        applicable, verification of registration as required by section 
        5108.
            ``(2) Public notice.--The Secretary shall publish in the 
        Federal Register notice that an application for a special 
        permit has been filed and shall provide the public an 
        opportunity to inspect and comment on the application.
            ``(3) Savings clause.--This subsection does not require the 
        release of information protected by law from public disclosure.
    ``(c) Coordination With Modal Contact Officials.--
            ``(1) In general.--In evaluating applications under 
        subsection (b) and making the findings and determinations under 
        subsections (a), (e), and (h), the Administrator of the 
        Pipeline and Hazardous Materials Safety Administration shall 
        consult and coordinate with the modal contact official 
        responsible for the mode of transportation that will be 
        utilized under a special permit or approval prior to issuing, 
        modifying, or renewing the special permit, granting party 
        status to the special permit, or issuing or renewing the 
        approval.
            ``(2) Dispute resolution.--The Secretary shall develop a 
        procedure for resolving a dispute between the Administrator and 
        a modal contact official to ensure that any concern raised by 
        such official is appropriately addressed and resolved.
            ``(3) Modal contact official defined.--In this section, the 
        term `modal contact official' means--
                    ``(A) the Administrator of the Federal Aviation 
                Administration;
                    ``(B) the Administrator of the Federal Motor 
                Carrier Safety Administration;
                    ``(C) the Administrator of the Federal Railroad 
                Administration; or
                    ``(D) the Commandant of the Coast Guard.
    ``(d) Applications To Be Dealt With Promptly.--The Secretary shall 
issue, modify, renew, or grant party status to a special permit for 
which a request was filed in accordance with this section, or deny such 
issuance, modification, renewal, or grant, on or before the last day of 
the 180-day period beginning on the first day of the month following 
the date of the filing of such request, or the Secretary shall publish 
a statement in the Federal Register of the reason why the Secretary's 
decision on the special permit is delayed, along with an estimate of 
the additional time necessary before the decision is made.
    ``(e) Emergency Processing of Special Permits.--
            ``(1) Findings required.--The Secretary may grant a request 
        for emergency processing of a special permit only if the 
        Secretary finds--
                    ``(A) it is necessary for immediate national 
                security purposes;
                    ``(B) that processing on a routine basis under this 
                section would result in significant injury to persons 
                or property; or
                    ``(C) it is necessary to prevent significant 
                economic loss that could not be prevented if the 
                application were processed on a routine basis.
            ``(2) Waiver of fitness test.--The Secretary may waive the 
        requirement under subsection (a)(2) for a request for which the 
        Secretary makes a finding under paragraph (1)(A) or (1)(B).
            ``(3) Notification.--Not later than 90 days after the date 
        of issuance of a special permit under this subsection, the 
        Secretary shall publish in the Federal Register a notice of 
        issuance with a statement of the basis for the finding of 
        emergency and the scope and duration of the special permit.
            ``(4) Effective period.--A special permit issued under this 
        subsection shall be effective for a period of not to exceed 30 
        days.
    ``(f) Exclusions.--
            ``(1) In general.--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 or 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) Firearms.--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.
    ``(g) Limitation on Authority.--Unless the Secretary decides that 
an emergency exists, a special permit or renewal granted under this 
section is the only way a person subject to this chapter may be granted 
a variance from this chapter.
    ``(h) Approvals.--
            ``(1) Findings required.--
                    ``(A) In general.--Prior to issuing an approval or 
                granting renewal of an approval pursuant to part 107 of 
                title 49, Code of Federal Regulations, the Secretary 
                shall determine that the person is fit, willing, and 
                able to conduct the activity authorized by the approval 
                in a manner that achieves the level of safety required 
                under subsection (a)(1).
                    ``(B) Considerations.--In making the determination 
                under subparagraph (A), the Secretary shall consider 
                the person's safety history (including prior compliance 
                history), accident and incident history, and any other 
                information the Secretary considers appropriate to make 
                such a determination.
            ``(2) Public notice.--The Secretary shall publish in the 
        Federal Register notice that an application for an approval or 
        renewal of an approval has been filed and shall give the public 
        an opportunity to inspect and comment on the application prior 
        to issuance.
            ``(3) Savings clause.--This subsection does not require the 
        release of information protected by law from public disclosure.
    ``(i) Noncompliance.--The Secretary shall immediately modify, 
suspend, or terminate a special permit or approval if the Secretary 
finds that the person who was granted such special permit or approval 
has violated such special permit or approval or the regulations issued 
under this chapter in a manner demonstrating that the person is not fit 
to conduct the activity authorized by the special permit or approval.
    ``(j) Procedures.--Not later than 120 days after the date of 
enactment of this subsection, the Secretary shall--
            ``(1) develop and implement written standard operating 
        procedures to support administration of the special permit and 
        approval programs;
            ``(2) update such procedures periodically; and
            ``(3) make such procedures available to the public on the 
        Department of Transportation's Internet Web site.
    ``(k) Fees.--
            ``(1) Authorization.--The Secretary shall establish a 
        reasonable fee for processing applications for, and ensuring 
        compliance with the terms of, special permits and approvals.
            ``(2) Limitation on collection.--No fee may be collected 
        under this subsection unless the expenditure of the fee to pay 
        the costs of activities and services for which the fee is 
        imposed is provided for in advance in an appropriations Act.
            ``(3) Fees credited as offsetting collections.--
                    ``(A) In general.--Notwithstanding section 3302 of 
                title 31, any fee authorized to be collected under this 
                subsection shall--
                            ``(i) be credited as offsetting collections 
                        to the account that finances the activities and 
                        services for which the fee is imposed;
                            ``(ii) be available for expenditure only to 
                        pay the costs of activities and services for 
                        which the fee is imposed; and
                            ``(iii) remain available until expended.
            ``(4) Regulations.--Not later than 12 months after the date 
        of enactment of this subsection, the Secretary, after providing 
        notice and an opportunity for public comment, shall issue 
        regulations to implement this subsection.''.
    (b) Rulemaking Required.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall complete all actions 
necessary to adopt a regulation to define the term ``public interest'' 
for the purposes of section 5117(a)(1)(B) of title 49, United States 
Code.
    (c) Clerical Amendment.--The analysis for chapter 51 is amended by 
striking the item relating to section 5117 and inserting the following:

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

SEC. 402. UNIFORM HAZARDOUS MATERIAL STATE REGISTRATION AND PERMIT 
              PROGRAM.

    (a) Uniform Forms and Procedures.--Section 5119 is amended to read 
as follows:
``Sec. 5119. Uniform hazardous material State registration and permit 
              program
    ``(a) Establishment and Conduct.--
            ``(1) In general.--The Secretary shall establish and carry 
        out a program to develop uniform forms and procedures for 
        States to register, and issue permits to, persons who 
        transport, or cause to be transported, hazardous material by 
        motor vehicle in accordance with this chapter and the 
        regulations issued to carry out this chapter.
            ``(2) Consideration of existing state alliance program.--In 
        establishing the program under this subsection, the Secretary 
        shall consider the program of uniform forms and procedures for 
        registering and issuing permits to persons who transport, or 
        cause to be transported, hazardous material by motor vehicle 
        developed by the alliance of States known as the `Alliance for 
        Uniform Hazmat Transportation Procedures'.
    ``(b) Regulations.--Not later than 6 years after the date of 
enactment of the Hazardous Material Transportation Safety Act of 2009, 
the Secretary shall issue regulations to carry out this section.
    ``(c) Financial and Technical Assistance and Support.--
            ``(1) In general.--The Secretary may provide planning and 
        transition assistance to States in order to encourage State 
        adoption of the program established by the Secretary under this 
        section.
            ``(2) Use of funds.--Assistance awarded to a State under 
        this subsection may be used only to assist the State in 
        transitioning the existing registration and permitting programs 
        of the State to the program established under this section.
    ``(d) Related Expenses.--For purposes of section 5125(f)(1), 
expenses related to transporting hazardous material may include costs 
incurred in implementing and administering the program established by 
the Secretary under this section, including costs of establishing or 
modifying forms, procedures, and systems.
    ``(e) Transition of State Programs.--Beginning on the effective 
date of the regulations issued to carry out this section, a State may 
enforce registration and permitting requirements for motor carriers 
that transport hazardous material in commerce only in accordance with 
the program established by the Secretary under this section.
    ``(f) Limitation.--Nothing in this section or the regulations 
issued by the Secretary to carry out this section shall limit the 
amount of a fee a State may impose or collect for registering and 
issuing permits to persons who transport, or cause to be transported, 
hazardous material by motor vehicle.
    ``(g) Authorization of Appropriations.--Of the amounts made 
available by section 31104(i) of title 49, United States Code, a total 
of $1,000,000 shall be available to carry out subsection (b).''.
    (b) Clerical Amendment.--The analysis for chapter 51 is amended by 
striking the item relating to section 5119 and inserting the following:

``5119. Uniform hazardous material State registration and permit 
                            program.''.

SEC. 403. REGULAR REPORTING ON USE OF FEES.

    Section 5125(f)(2) is amended by striking ``, upon the Secretary's 
request,'' and inserting ``biennially''.

SEC. 404. IMPLEMENTATION OF THE HAZARDOUS MATERIAL SAFETY PERMIT 
              PROGRAM.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall conduct a study, and transmit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report, on the implementation of the 
hazardous material safety permit program under section 5109 of title 
49, United States Code.
    (b) Matters To Be Reviewed.--In conducting the study, the 
Comptroller General shall review, at a minimum--
            (1) the list of hazardous materials requiring a safety 
        permit;
            (2) the number of permits that have been issued, denied, 
        revoked, or suspended since inception of the program and the 
        number of commercial motor carriers that have never had a 
        permit denied, revoked, or suspended since inception of the 
        program;
            (3) the reasons for such denials, revocations, or 
        suspensions;
            (4) the criteria used by the Federal Motor Carrier Safety 
        Administration to determine whether a hazardous material safety 
        permit issued by a State is equivalent to the Federal permit; 
        and
            (5) the Secretary's actions to improve the permit 
        application process.
    (c) Recommendations.--The Comptroller General shall include in the 
report any recommendations the Comptroller General has for improving 
the hazardous material safety permit program.
    (d) Technical Correction.--Section 5109(b)(1) is amended by 
striking ``a class A or B explosive'' and inserting ``a Division 1.1, 
1.2, or 1.3 explosive''.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

    Section 5129 (as redesignated by section 104 of this Act) is 
amended to read as follows:
``Sec. 5129. Authorization of appropriations
    ``(a) In General.--In order to carry out this chapter (except 
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the 
following amounts are authorized to be appropriated to the Secretary:
            ``(1) For fiscal year 2010, $39,800,000.
            ``(2) For fiscal year 2011, $51,296,000.
            ``(3) For fiscal year 2012, $58,641,920.
            ``(4) For fiscal year 2013, $61,414,758.
            ``(5) For fiscal year 2014, $62,643,054.
    ``(b) Hazardous Materials Emergency Preparedness Fund.--There shall 
be available to the Secretary, from the account established pursuant to 
section 5116(i), for each of fiscal years 2010 through 2014 the 
following:
            ``(1) To carry out section 5115, $198,000.
            ``(2) To carry out sections 5116(a) and 5116(b), 
        $21,800,000, except that no less than $13,650,000 shall be 
        available to carry out section 5116(b).
            ``(3) To carry out section 5116(f), $150,000.
            ``(4) To publish and distribute the Emergency Response 
        Guidebook under section 5116(i)(3), $625,000.
            ``(5) To carry out section 5116(j), $1,000,000.
    ``(c) Hazmat Training Grants.--There shall be available to the 
Secretary, from the account established pursuant to section 5116(i), to 
carry out section 5107(e) $4,000,000 for each of fiscal years 2010 
through 2014.
    ``(d) Credits to Appropriations.--The Secretary 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.
    ``(e) Availability of Amounts.--Amounts made available by or under 
this section shall remain available until expended.''.
                                 <all>