[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1952 Reported in Senate (RS)]

                                                       Calendar No. 368
112th CONGRESS
  2d Session
                                S. 1952

                          [Report No. 112-162]

  To improve hazardous materials transportation safety and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2011

    Mr. Lautenberg (for himself and Mr. Rockefeller) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             April 25, 2012

             Reported by Mr. Rockefeller, without amendment

_______________________________________________________________________

                                 A BILL


 
  To improve hazardous materials 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 Materials Transportation 
Safety Improvement Act of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definition.
Sec. 4. References to title 49, United States Code.
Sec. 5. Training for emergency responders.
Sec. 6. Paperless Hazard Communications Pilot Program.
Sec. 7. Improving data collection, analysis, and reporting.
Sec. 8. Loading and unloading of hazardous materials.
Sec. 9. Hazardous material technical assessment, research and 
                            development, and analysis program.
Sec. 10. Hazardous Material Enforcement Training Program.
Sec. 11. Inspections.
Sec. 12. Civil penalties.
Sec. 13. Reporting of fees.
Sec. 14. Special permits, approvals, and exclusions.
Sec. 15. Highway routing disclosures.
Sec. 16. Authorization of appropriations.

SEC. 3. DEFINITION.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.

SEC. 4. REFERENCES 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 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. 5. TRAINING FOR EMERGENCY RESPONDERS.

    (a) Training Curriculum.--Section 5115 is amended--
            (1) in subsection (b)(1)(B), by striking ``basic'';
            (2) in subsection (b)(2), by striking ``basic''; and
            (3) in subsection (c), by striking ``basic''.
    (b) 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 provide 
        written certification to the Secretary that the emergency 
        responders who receive training under the grant 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 standards for competence of responders 
        to hazardous materials.'';
            (2) in subsection (j)--
                    (A) by redesignating paragraph (5) as paragraph 
                (7); and
                    (B) by inserting after paragraph (4) the following:
            ``(5) The Secretary may not award a grant to an 
        organization under this subsection unless the organization 
        ensures that emergency responders who receive training under 
        the grant 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 standards for competence of responders 
        to hazardous materials.
            ``(6) Notwithstanding paragraphs (1) and (3), to the extent 
        determined appropriate by the Secretary, a grant awarded by the 
        Secretary to an organization under this subsection to conduct 
        hazardous material response training programs may be used to 
        train individuals with responsibility to respond to accidents 
        and incidents involving hazardous material.''; and
            (3) in subsection (k)--
                    (A) by striking ``annually'' and inserting ``an 
                annual report'';
                    (B) by inserting ``the report'' after ``make 
                available'';
                    (C) by striking ``information'' and inserting ``. 
                The report submitted under this subsection shall 
                include information''; and
                    (D) by striking ``The report shall identify'' and 
                all that follows and inserting the following: ``The 
                report submitted under this subsection shall identify 
                the ultimate recipients of such grants and include--
                    ``(A) a detailed accounting and description of each 
                grant expenditure by each grant recipient, including 
                the amount of, and purpose for, each expenditure;
                    ``(B) the number of persons trained under the grant 
                program, by training level;
                    ``(C) an evaluation of the efficacy of such 
                planning and training programs; and
                    ``(D) any recommendations the Secretary may have 
                for improving such grant programs.''.

SEC. 6. PAPERLESS HAZARD COMMUNICATIONS PILOT PROGRAM.

    (a) In General.--The Secretary may conduct pilot projects to 
evaluate the feasibility and effectiveness of using paperless hazard 
communications systems. At least 1 of the pilot projects under this 
section shall take place in a rural area.
    (b) Requirements.--In conducting pilot projects under this section, 
the Secretary--
            (1) may not waive the requirements under 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) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall--
            (1) prepare a report on the results of the pilot projects 
        carried out under this section, including--
                    (A) a detailed description of the pilot projects;
                    (B) an evaluation of each pilot project, including 
                an evaluation of the performance of each paperless 
                hazard communications system in such project;
                    (C) 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
                    (D) a recommendation on whether paperless hazard 
                communications systems should be permanently 
                incorporated into the Federal hazardous material 
                transportation safety program under chapter 51 of title 
                49, United States Code; and
            (2) submit a final report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives that contains the results of the pilot projects 
        carried out under this section, including the matters described 
        in paragraph (1).
    (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. The format of communication may be equivalent to 
that used by the carrier.

SEC. 7. IMPROVING DATA COLLECTION, ANALYSIS, AND REPORTING.

    (a) Assessment.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary, in coordination with 
        the Secretary of Homeland Security, as appropriate, shall 
        conduct an assessment to improve the collection, analysis, 
        reporting, and use of data related to accidents and incidents 
        involving the transportation of hazardous material.
            (2) Review.--The assessment conducted under this subsection 
        shall review the methods used by the Pipeline and Hazardous 
        Materials Safety Administration (referred to in this section as 
        the ``Administration'') 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) accident and incident reporting requirements, 
                including whether such requirements should be expanded 
                to include shippers and consignees of hazardous 
                materials;
                    (D) resources of the Administration related to data 
                collection, analysis, and reporting, including staff 
                and information technology; and
                    (E) 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.
    (b) Development of Action Plan.--Not later than 9 months after the 
date of the enactment of this Act, 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.
    (c) Submission to Congress.--Not later than 15 days after the 
completion of the action plan and timeline under subsection (c), the 
Secretary shall submit the action plan and timeline to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.
    (d) Reporting Requirements.--Section 5125(b)(1)(D) is amended by 
inserting ``and other hazardous materials transportation incident 
reporting to the 9-1-1 emergency system or involving State or local 
emergency responders in the initial response to the incident'' before 
the period at the end.

SEC. 8. LOADING AND UNLOADING OF HAZARDOUS MATERIALS.

    (a) Rulemaking.--Not later than 2 years after date of the enactment 
of this Act, the Secretary, after consultation with the Department of 
Labor and the Environmental Protection Agency, as appropriate, and 
after providing notice and an opportunity for public comment shall 
prescribe regulations establishing uniform procedures among facilities 
for the safe loading and unloading of hazardous materials on and off 
tank cars and cargo tank trucks.
    (b) Inclusion.--The regulations prescribed under subsection (a) may 
include procedures for equipment inspection, personnel protection, and 
necessary safeguards.
    (c) Consideration.--In prescribing regulations under subsection 
(a), the Secretary shall give due consideration to carrier rules and 
procedures that produce an equivalent level of safety.

SEC. 9. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, RESEARCH AND 
              DEVELOPMENT, AND ANALYSIS PROGRAM.

    (a) In General.--Chapter 51 is amended by inserting after section 
5117 the following:
``Sec. 5118. Hazardous material technical assessment, research and 
              development, and analysis program
    ``(a) Risk Reduction.--
            ``(1) Program authorized.--The Secretary of Transportation 
        may develop and implement a hazardous material technical 
        assessment, research and development, and analysis program for 
        the purpose of--
                    ``(A) reducing the risks associated with the 
                transportation of hazardous material; and
                    ``(B) identifying and evaluating new technologies 
                to facilitate the safe, secure, and efficient 
                transportation of hazardous material.
            ``(2) Coordination.--In developing the program under 
        paragraph (1), the Secretary shall--
                    ``(A) utilize information gathered from other modal 
                administrations with similar programs; and
                    ``(B) coordinate with other modal administrations, 
                as appropriate.
    ``(b) Cooperation.--In carrying out subsection (a), the Secretary 
may work cooperatively with regulated and other entities, including 
shippers, carriers, emergency responders, State and local officials, 
and academic institutions.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 51 is 
amended by inserting after the item relating to section 5117 the 
following:

``5118. Hazardous material technical assessment, research and 
                            development, and analysis program.''.

SEC. 10. HAZARDOUS MATERIAL ENFORCEMENT TRAINING PROGRAM.

    (a) In General.--The Secretary shall establish a multimodal 
hazardous material enforcement training program for government 
hazardous materials inspectors and investigators--
            (1) to develop uniform performance standards for training 
        hazardous material inspectors and investigators; and
            (2) to train hazardous material inspectors and 
        investigators on--
                    (A) how to collect, analyze, and publish findings 
                from inspections and investigations of accidents or 
                incidents involving the transportation of hazardous 
                material; and
                    (B) 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 established under 
this section, 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 standards, protocols, and findings of the 
program established under this section--
            (1) shall be mandatory for--
                    (A) the Department of Transportation's multimodal 
                personnel conducting hazardous material enforcement 
                inspections or investigations; and
                    (B) State employees who conduct federally funded 
                compliance reviews, inspections, or investigations; and
            (2) shall be made available to Federal, State, and local 
        hazardous materials safety enforcement personnel.

SEC. 11. INSPECTIONS.

    (a) Notice of Enforcement Measures.--Section 5121(c)(1) is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) shall provide to the affected offeror, 
                carrier, packaging manufacturer or tester, or other 
                person responsible for the package reasonable notice 
                of--
                            ``(i) his or her decision to exercise his 
                        or her authority under paragraph (1);
                            ``(ii) any findings made; and
                            ``(iii) any actions being taken as a result 
                        of a finding of noncompliance.''.
    (b) Regulations.--Section 5121(e) is amended by adding at the end 
the following:
            ``(3) Matters to be addressed.--The regulations issued 
        under this subsection shall address--
                    ``(A) the safe and expeditious resumption of 
                transportation of perishable hazardous material, 
                including radiopharmaceuticals and other medical 
                products, that may require timely delivery due to life-
                threatening situations;
                    ``(B) the means by which--
                            ``(i) noncompliant packages that present an 
                        imminent hazard are placed out-of-service until 
                        the condition is corrected; and
                            ``(ii) noncompliant packages that do not 
                        present a hazard are moved to their final 
                        destination;
                    ``(C) appropriate training and equipment for 
                inspectors; and
                    ``(D) the proper closure of packaging in accordance 
                with the hazardous material regulations.''.
    (c) Grants and Cooperative Agreements.--Section 5121(g)(1) is 
amended by inserting ``safety and'' before ``security''.

SEC. 12. CIVIL PENALTIES.

    Section 5123 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``$50,000'' and 
                inserting ``$75,000''; and
                    (B) in paragraph (2), by striking ``$100,000'' and 
                inserting ``$175,000''; and
            (2) 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 subsection (c) or (i) of section 5121.
    ``(i) Prohibition on Hazardous Material Operations After Nonpayment 
of Penalties.--
            ``(1) In general.--Except as provided under paragraph (2), 
        a person subject to the jurisdiction of the Secretary under 
        this chapter who fails to pay a civil penalty assessed under 
        this chapter, or fails to arrange and abide by an acceptable 
        payment plan for such civil penalty, may not conduct any 
        activity regulated under this chapter beginning on the 91st day 
        after the date specified by order of the Secretary for payment 
        of such penalty unless the person has filed a formal 
        administrative or judicial appeal of the penalty.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        person who is unable to pay a civil penalty because such person 
        is a debtor in a case under chapter 11 of title 11.
            ``(3) Rulemaking.--Not later than 2 years after the date of 
        the enactment of this subsection, the Secretary, after 
        providing notice and an opportunity for public comment, shall 
        issue regulations that--
                    ``(A) set forth procedures to require a person who 
                is delinquent in paying civil penalties to cease any 
                activity regulated under this chapter until payment has 
                been made or an acceptable payment plan has been 
                arranged; and
                    ``(B) ensures that the person described in 
                subparagraph (A)--
                            ``(i) is notified in writing; and
                            ``(ii) is given an opportunity to respond 
                        before the person is required to cease the 
                        activity.''.

SEC. 13. REPORTING OF FEES.

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

SEC. 14. 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.--The Secretary of Transportation may 
        issue, modify, or terminate a special permit implementing new 
        technologies or authorizing a variance from a provision under 
        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) to achieve--
                    ``(A) a safety level at least equal to the safety 
                level required under this chapter; or
                    ``(B) a safety level consistent with the public 
                interest and this chapter, if a required safety level 
                does not exist.
            ``(2) Findings required.--
                    ``(A) In general.--Before issuing, renewing, or 
                modifying a special permit or granting party status to 
                a special permit, the Secretary shall determine that 
                the person is fit 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--
                            ``(i) the person's safety history 
                        (including prior compliance history);
                            ``(ii) the person's accident and incident 
                        history; and
                            ``(iii) any other information the Secretary 
                        considers appropriate to make such a 
                        determination.
            ``(3) Effective period.--A special permit issued under this 
        section--
                    ``(A) shall be for an initial period of not more 
                than 2 years;
                    ``(B) may be renewed by the Secretary upon 
                application--
                            ``(i) for successive periods of not more 
                        than 4 years each; or
                            ``(ii) 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 the 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--
                    ``(A) a detailed description of the person's 
                request;
                    ``(B) a listing of the person's current facilities 
                and addresses where the special permit will be 
                utilized;
                    ``(C) a safety analysis prescribed by the Secretary 
                that justifies the special permit;
                    ``(D) documentation to support the safety analysis;
                    ``(E) a certification of safety fitness; and
                    ``(F) proof of registration, as required under 
                section 5108.
            ``(2) Public notice.--The Secretary shall--
                    ``(A) publish notice in the Federal Register that 
                an application for a special permit has been filed; and
                    ``(B) 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) Coordinate and Communicate 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, coordinate, or notify the modal contact official 
        responsible for the specified mode of transportation that will 
        be utilized under a special permit or approval before--
                    ``(A) issuing, modifying, or renewing the special 
                permit;
                    ``(B) granting party status to the special permit; 
                or
                    ``(C) issuing or renewing the special permit or 
                approval.
            ``(2) 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;
                    ``(C) the Administrator of the Federal Railroad 
                Administration; and
                    ``(D) the Commandant of the Coast Guard.
    ``(d) Applications To Be Dealt With Promptly.--The Secretary 
shall--
            ``(1) issue, modify, renew, or grant party status to a 
        special permit or approval for which a request was filed under 
        this section, or deny the 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 the request; or
            ``(2) publish a statement in the Federal Register that--
                    ``(A) describes the reason for the delay of the 
                Secretary's decision on the special permit or approval; 
                and
                    ``(B) includes an estimate of the additional time 
                necessary before the decision is made.
    ``(e) Emergency Processing of Special Permits.--
            ``(1) Findings required.--The Secretary may not grant a 
        request for emergency processing of a special permit unless the 
        Secretary determines that--
                    ``(A) a special permit is necessary for national 
                security purposes;
                    ``(B) processing on a routine basis under this 
                section would result in significant injury to persons 
                or property; or
                    ``(C) a special permit is necessary to prevent 
                significant economic loss or damage to the environment 
                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 determination under subparagraph (A) or (B) 
        of paragraph (1).
            ``(3) Notification.--Not later than 90 days after the date 
        of issuance of a special permit under this subsection, the 
        Secretary shall publish a notice in the Federal Register of the 
        issuance that includes--
                    ``(A) a statement of the basis for the finding of 
                emergency; and
                    ``(B) the scope and duration of the special permit.
            ``(4) Effective period.--A special permit issued under this 
        subsection shall be effective for a period not to exceed 180 
        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 person subject to this chapter may only be 
granted a variance from this chapter through a special permit or 
renewal granted under this section.
    ``(h) Approvals.--
            ``(1) Findings required.--
                    ``(A) In general.--The Secretary may not issue an 
                approval or grant the renewal of an approval pursuant 
                to part 107 of title 49, Code of Federal Regulations 
                until the Secretary has determined 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 a determination 
                under subparagraph (A), the Secretary shall consider--
                            ``(i) the person's safety history 
                        (including prior compliance history);
                            ``(ii) the person's accident and incident 
                        history; and
                            ``(iii) any other information the Secretary 
                        considers appropriate to make such a 
                        determination.
            ``(2) Required documentation.--When applying for an 
        approval or renewal or modification of an approval under this 
        section, the Secretary shall require the person to submit an 
        application that contains--
                    ``(A) a detailed description of the person's 
                request;
                    ``(B) a listing of the persons current facilities 
                and addresses where the approval will be utilized;
                    ``(C) a safety analysis prescribed by the Secretary 
                that justifies the approval;
                    ``(D) documentation to support the safety analysis;
                    ``(E) a certification of safety fitness; and
                    ``(F) the verification of registration required 
                under section 5108.
            ``(3) Savings provision.--Nothing in this subsection may be 
        construed to require the release of information protected by 
        law from public disclosure.
    ``(i) Noncompliance.--The Secretary may modify, suspend, or 
terminate a special permit or approval if the Secretary determines 
that--
            ``(1) the person who was granted the special permit or 
        approval has violated the special permit or approval or the 
        regulations issued under this chapter in a manner that 
        demonstrates that the person is not fit to conduct the activity 
        authorized by the special permit or approval; or
            ``(2) the special permit or approval is unsafe.
    ``(j) Rulemaking.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary, after providing notice and an 
opportunity for public comment, shall issue regulations that 
establish--
            ``(1) standard operating procedures to support 
        administration of the special permit and approval programs; and
            ``(2) objective criteria to support the evaluation of 
        special permit and approval applications.
    ``(k) Annual Review of Certain Special Permits.--
            ``(1) Review.--The Secretary shall conduct an annual review 
        and analysis of special permits--
                    ``(A) to identify consistently used and 
                longstanding special permits with an established safety 
                record; and
                    ``(B) to determine whether such permits may be 
                converted into the hazardous materials regulations.
            ``(2) Factors.--In conducting the review and analysis under 
        paragraph (1), the Secretary may consider--
                    ``(A) the safety record for hazardous materials 
                transported under the special permit;
                    ``(B) the application of a special permit;
                    ``(C) the suitability of provisions in the special 
                permit for incorporation into the hazardous materials 
                regulations; and
                    ``(D) rulemaking activity in related areas.
            ``(3) Rulemaking.--After completing the review and analysis 
        under paragraph (1) and providing notice and opportunity for 
        public comment, the Secretary shall issue regulations, as 
        needed.''.
    (b) Conforming 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. 15. HIGHWAY ROUTING DISCLOSURES.

    (a) List of Route Designations.--Section 5112(c) is amended--
            (1) by striking ``In coordination'' and inserting the 
        following:
            ``(1) In general.--In coordination''; and
            (2) by adding at the end the following:
            ``(2) State responsibilities.--
                    ``(A) In general.--Each State shall submit to the 
                Secretary, in a form and manner to be determined by the 
                Secretary and in accordance with subparagraph (B)--
                            ``(i) the name of the State agency 
                        responsible for hazardous material highway 
                        route designations; and
                            ``(ii) a list of the State's currently 
                        effective hazardous material highway route 
                        designations.
                    ``(B) Frequency.--Each State shall submit the 
                information described in subparagraph (A)(ii)--
                            ``(i) at least once every 2 years; and
                            ``(ii) not later than 60 days after a 
                        hazardous material highway route designation is 
                        established, amended, or discontinued.''.
    (b) Compliance With Section 5112.--Section 5125(c)(1) is amended by 
inserting ``, and is published in the Department's hazardous materials 
route registry under section 5112(c)'' before the period at the end.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128 is amended to read as follows:
``Sec. 5128. Authorization of appropriations
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119)--
            ``(1) $42,338,000 for fiscal year 2012; and
            ``(2) $42,762,000 for fiscal year 2013.
    ``(b) Hazardous Materials Emergency Preparedness Fund.--From the 
Hazardous Materials Emergency Preparedness Fund established under 
section 5116(i), the Secretary may expend, during each of fiscal years 
2012 and 2013--
            ``(1) $188,000 to carry out section 5115;
            ``(2) $21,800,000 to carry out subsections (a) and (b) of 
        section 5116, of which not less than $13,650,000 shall be 
        available to carry out section 5116(b);
            ``(3) $150,000 to carry out section 5116(f);
            ``(4) $625,000 to publish and distribute the Emergency 
        Response Guidebook under section 5116(i)(3); and
            ``(5) $1,000,000 to carry out section 5116(j).
    ``(c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to section 
5116(i), the Secretary may expend $4,000,000 for each of the fiscal 
years 2012 and 2013 to carry out section 5107(e).
    ``(d) Credits to Appropriations.--
            ``(1) Expenses.--In addition to amounts otherwise made 
        available to carry out this chapter, the Secretary may credit 
        amounts 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.
            ``(2) Availability of amounts.--Amounts made available 
        under this section shall remain available until expended.''.
                                                       Calendar No. 368

112th CONGRESS

  2d Session

                                S. 1952

                          [Report No. 112-162]

_______________________________________________________________________

                                 A BILL

  To improve hazardous materials transportation safety and for other 
                               purposes.

_______________________________________________________________________

                             April 25, 2012

                       Reported without amendment