A Bill
To authorize appropriations for hazardous material
transportation safety, and for other purposes.
Be it enacted by the Senate and the House of
Representatives of the United States of America
in Congress assembled,
SEC. 1. SHORT TITLE. This act may be cited as the
"Hazardous Material Transportation Safety
Reauthorization Act of 1999".
SEC. 2. PURPOSES.
(a) PURPOSES.--Section 5101 of title 49, United
States Code, is amended to read as follows:
"Sec. 5101. Purposes
" PURPOSES.--The purposes of this chapter are to-
"(1) ensure the safe and efficient
transportation of hazardous material in intrastate,
interstate, and foreign commerce, including the
loading, unloading, and incidental storage of
hazardous material;
"(2) provide the Secretary of Transportation
with preemption authority to achieve uniform
regulation of hazardous material transportation,
eliminate inconsistent rules that apply differently
than rules issued by the Secretary, ensure efficient
movement of hazardous material in commerce, and
promote the national health, welfare, and safety;
and
"(3) provide adequate training for public sector
emergency response teams and hazmat employees to
ensure safe responses to hazardous material
transportation accidents and incidents.".
(b) CLERICAL AMENDMENT.--The chapter analysis of
chapter 51, title 49, United States Code, is amended
by striking the item relating to section 5101 and
inserting the following:
"5101. Purposes.".
SEC. 3. DEFINITIONS.
Section 5102 of title 49, United States Code,
is amended--
(1) in paragraph (1), by--
(a) striking "or" at the end of subparagraph
(A);
(b) striking the period at the end of
subparagraph (B) and inserting
"; or"; and
(c) adding a new subparagraphas follows: "(C) on
a United States-registered aircraft.";
(2) in paragraph (3) by-
(a) in subparagraph (A)(i), inserting "or self-
employed" after "employer";
(b) in subparagraph (B), striking "vehicle" and
inserting "vehicle, vessel or aircraft" after
"vehicle"; and
(c) in subparagraph (C)(ii)--
(i) inserting "designs, inspects," after
"manufactures,"; and
(ii) deleting "and packagings" and
inserting "or other packagings, or a component
thereof,"; and
(d) in subparagraph (C)(iii), inserting "or
rejects" after "prepares".
(3) by striking paragraph (4) and inserting the
following:
"(4) 'hazmat employer' means a person who--
"(A) either--
"(i) is self-employed,
"(ii) is an owner-operator
of a motor vehicle, vessel, or
aircraft, or
"(iii) has at least one employee; and
"(B) performs, or uses at least one
employee to perform, a function in
connection with--
"(i) transporting hazardous
material in commerce;
"(ii) causing hazardous
material to be transported in
commerce;
"(iii) rejecting hazardous material
for transportation in commerce, or
"(iv) designing, manufacturing,
reconditioning, inspecting, or
testing containers, drums, other
packagings, or a component thereof,
represented as qualified for use in
transporting hazardous material.";
(4) in paragraph (7), by striking
"title " and inserting "title, except that a freight
forwarder is included only if performing a function
related to highway transportation";
(5) by redesignating paragraphs (9)
through (13) as paragraphs (12) through (16);
(6) by inserting after paragraph (8) the
following:
"(9) 'out-of-service order' means a mandate that
an aircraft, vessel, motor vehicle, train, railcar,
other vehicle, transport unit, transport vehicle,
freight container, portable tank, or other package
not be moved until specified conditions have been
met.
"(10) 'package' or 'outside package' means a
packaging and its contents.
"(11) 'packaging' means a receptacle and any
other components or materials necessary for the
receptacle to perform its containment function in
conformance with the minimum packaging requirements
established by the Secretary of Transportation.";
and
(7) in paragraph (12)(A), as redesignated by
paragraph (4) of this section, by striking "commerce
or transporting hazardous material to further a
commercial enterprise", and inserting "commerce,
transporting hazardous material to further a
commercial enterprise, or manufacturing,
reconditioning, or testing containers, drums, or
other packagings, or a component thereof,
represented as qualified for use in transporting
hazardous material".
SEC. 4. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.
Section 5107 of title 49, United States Code, is
amended by--
(1) striking "or duplicate" in subsection (d);
and
(2) striking "Agency" and inserting
"Administrator of the Environmental Protection
Agency" in subsection (d)(2); and
(3) striking section "5127(c)(3)" in subsection
(e) and inserting "section 5129(b)(1)".
SEC. 5. REGISTRATION.
Section 5108 of title 49, United States Code, is
amended-
(1) by striking subsection (b)(1)(C) and
inserting --
"(C) each State in which the person
carries out any of the activities.";
(2) by striking subsection (c) and inserting --
"(c) FILING SCHEDULE.--Each person required to
file a registration statement under subsection (a)
of this section shall file that statement in
accordance with regulations issued by the
Secretary.";
(3) in subsection (g)(1), by striking "may" and
inserting "shall";
(4) in subsection (g)(2)(A), by striking "$250
but not more than $5,000" and inserting "$500";
(5) in subsection (g)(2)(A), by striking
"subparagraph (B)" and inserting "subparagraph (E)";
(6) in subsection (g)(2)(A)(viii), by striking
"sections 5108(g)(2), 5115, and 5116" and inserting
"chapter 51 (except sections 5109, 5112, and 5119)";
(7) by striking subsections (g)(2)(B) and
(g)(2)(C) and inserting:
"(B) At the beginning of each fiscal year, the
Secretary shall publish a fee schedule for the fee
established under this paragraph. The fee schedule
shall be designed to collect the following amounts:
"(i) amounts authorized for that fiscal
year under subsections 5129(b), 5129(d),
5129(e), and 5129(f);
"(ii) amounts appropriated to the Research
and Special Programs Administration (RSPA)
for that fiscal year under subsection
5129(a)(2); and
"(iii) amounts appropriated to RSPA for
that fiscal year under subsections 5129(c)
and 5129(g).
"(C) The Secretary shall transfer to the
Secretary of the Treasury all funds received by the
Secretary under this paragraph, except the amounts
appropriated to RSPA pursuant to subsection
5129(a)(2), for deposit in the account the Secretary
of the Treasury established under section 5116(i) of
this title.
"(D) Fees authorized under subsection
(g)(2)(B)(ii) shall be collected and available for
obligation only to the extent and in the amount
provided in advance in appropriations acts. Such
fees are authorized to remain available until
expended.
"(E) The Secretary shall adjust the amount being
collected under subsection (g)(2)(B) to reflect any
unexpended balance in the account established under
section 5116(i) of this title. However, the
Secretary is not required to refund any fee
collected under this paragraph."; and
(8) in subsection (i)(2)(B), by striking
"State," and inserting "State, Indian tribe,".
SEC. 6. MOTOR CARRIER SAFETY.
(a) Section 5109(h) of title 49, United States
Code, is amended by striking "not later than
November 16, 1991" and inserting "based upon the
findings of the study required by section 5128(a) of
this title".
(b) The text of section 5113 of title 49, United
States Code, is amended to read as follows:
"A violation of section 31144(c)(3) of this
title shall be considered a violation of this
chapter and shall be subject to the penalties
in sections 5123 and 5124 of this chapter."
(c) Section 31144(c) of title 49, United States
Code, is amended -
(1) in paragraph (1) by striking "sections
521(b)(5)(A) and 5113" and inserting "section
521(b)(5)(A)"; and
(2) in paragraph (3) by adding at the end the
following: "A violation of this paragraph shall be
considered a violation of chapter 51, and shall be
subject to the penalties in sections 5123 and 5124
of this title.".
SEC. 7. SHIPPING PAPER RETENTION.
Section 5110(e) of title 49, United States Code,
is amended by striking the first sentence and
inserting "The person who provided the shipping
paper and the carrier required to maintain it under
subsection (a) of this section shall retain the
paper, or an electronic image of it, for a period of
1 year after the shipping paper was provided to the
carrier, to be accessible through their respective
principal places of business.".
SEC. 8. PUBLIC SECTOR TRAINING CURRICULUM.
Section 5115 of title 49, United States Code,
is amended --
(1) in subsection (a) by--
(A) striking "DEVELOPMENT AND UPDATING.-- Not
later than November 16, 1992, in" and inserting
"UPDATING.--In";
(B) striking "national response team" and
inserting "National Response Team for Oil and
Hazardous Substances" in the first sentence;
(C) striking "develop and" in the first
sentence; and
(D) striking the second sentence;
(2) in subsection (b) by--
(A) striking "developed" and inserting
"maintained" in the first sentence;
(B) inserting "or involving an alternative fuel
vehicle" after "material" in subparagraphs (A)
and (B) of subsection (b)(1); and
(C) striking "under other United States
Government grant programs, including those developed
with grants made under section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986
(42 U.S.C. 9660a)" and inserting "with Federal
financial assistance" in subparagraph (C) of
subsection (b)(1);
(3) in subsection (c)(3) by striking "the
National Fire Protection Association" and inserting
"such voluntary consensus standard-setting
organizations as the Secretary deems appropriate";
and
(4) by striking subsection (d) and inserting the
following:
"(d) DISTRIBUTION AND PUBLICATION.-With the
National Response Team for Oil and Hazardous
Substances, the Secretary of Transportation may
publish a list of programs that use a course
developed under this section for training public-
sector employees to respond to accidents or
incidents involving hazardous material.".
SEC. 9. PLANNING AND TRAINING GRANTS; EMERGENCY
PREPAREDNESS FUND.
Section 5116 of title 49, United States Code, is
amended by--
(1) in its caption, striking ", monitoring, and
review" and inserting "; emergency preparedness
fund";
(2) striking "of the State or tribe under
subsections (a)(2)(A) and (b)(2)(A)" in the second
sentence of subsection (e) and inserting "received
by the State or tribe under subsections (a)(1) and
(b)(1) ";
(3) striking subsection (f) and inserting the
following:
"(f) MONITORING AND TECHNICAL ASSISTANCE.--The
Secretary of Transportation shall monitor public
sector emergency response planning and training for
an accident or incident involving hazardous
material. Considering the results of the
monitoring, the Secretary shall provide technical
assistance to a State, political subdivision of a
State, or Indian tribe for carrying out emergency
response training and planning for an accident or
incident involving hazardous material and shall
coordinate the assistance using the existing
coordinating mechanisms of the National Response
Team for Oil and Hazardous Substances and, for
radioactive material, the Federal Radiological
Preparedness Coordinating Committee.";
(4) striking "Government grant" and inserting
"Federal financial assistance" in subsection (g);
(5) striking subsection (i) and inserting the
following:
"(i) EMERGENCY PREPAREDNESS FUND.-The Secretary
of the Treasury shall establish an Emergency
Preparedness Fund account in the Treasury into which
the Secretary of the Treasury shall deposit amounts
the Secretary of Transportation transfers to the
Secretary of the Treasury under section
5108(g)(2)(C) of this title. Without further
appropriation, amounts in the account are available-
"(1) to make grants under this section;
"(2) to monitor and provide technical assistance
under subsection (f) of this section;
"(3) to publish and distribute the North
American Emergency Response Guidebook; and
"(4) to pay administrative costs of carrying out
this section and sections 5108(g)(2) and 5115 of
this title, except that not more than 10 percent of
the amounts made available from the account in a
fiscal year to carry out these sections may be used
to pay these costs."; and
(6) by deleting subsection (k) and inserting the
following:
"(k) SMALL BUSINESSES.--The Secretary may
authorize a State or Indian tribe receiving a grant
under this section to use up to 25 percent of the
amount of the grant to assist small businesses in
complying with regulations issued under this
chapter.".
SEC. 10. SPECIAL PERMITS AND EXCLUSIONS.
(a) Section 5117 of title 49, United States
Code, is amended by-
(1) striking the section heading and inserting
the following:
"Sec. 5117. Special permits and exclusions";
(2) striking "exemption" and "an exemption" each
place they appear and inserting, respectively,
"special permit" or "a special permit";
(3) inserting "authorizing variances" after
"special permit" the first place it is inserted by
this section; and
(4) striking "2" and inserting "4" in subsection
(a)(2).
(b) The chapter analysis for chapter 51 of title
49, United States Code, is amended by striking the
item related to section 5117 and inserting the
following:
"5117. Special permits and exclusions.".
SEC. 11. UNIFORM FORMS AND PROCEDURES.
Section 5119 of title 49, United States Code, is
amended by-
(1) inserting "and issue permits to" after
"register" in subsection (a)(1)(A); and
(2) adding at the end of subsection (c) the
following:
"(4) Pending promulgation of regulations under
this subsection, States may participate in a program
of uniform forms and procedures recommended by the
working group under subsection (b).".
SEC. 12. ADMINISTRATION.
Section 5121 of title 49, United States Code, is
amended by --
(1) striking subsections (a), (b), and (c),
redesignating subsections (d) and (e) as subsections
(a) and (b), and adding at the end thereof:
"(c) AUTHORITY FOR GRANTS, COOPERATIVE
AGREEMENTS, AND OTHER TRANSACTIONS.--To carry out
this chapter, the Secretary may enter into grants,
cooperative agreements, and other transactions with
a person, agency or instrumentality of the United
States, a unit of State or local government, an
Indian tribe, a foreign government (in coordination
with the Department of State), an educational
institution, or other entity to further the
objectives of this chapter. The objectives of this
chapter include the conduct of research,
development, demonstration, risk assessment,
emergency response planning and training
activities."; and
(2) striking "The report shall include-" in the
second sentence of subsection (b) and inserting "The
report shall include or make appropriate reference
to--".
SEC. 13. ENFORCEMENT.
The text of Section 5122 of title 49, United
States Code, is amended to read as follows:
"(a) GENERAL AUTHORITY.-- To carry out this
chapter, the Secretary of Transportation may
investigate, make reports, issue subpoenas, conduct
hearings, require the production of records and
property, take depositions, and conduct research,
development, demonstration, and training activities.
Except as provided in subsection (d) of this
section, the Secretary shall provide notice and an
opportunity for a hearing prior to issuing an order
directing compliance with this chapter or a
regulation, order, special permit, or approval
issued under this chapter.
"(b) RECORDS, REPORTS, PROPERTY, AND
INFORMATION.--A person subject to this chapter
shall-
"(1) maintain records, make reports, and
provide information that the Secretary by
regulation or order requires, and
"(2) make the records, reports, property,
and information available for inspection when
the Secretary requests.
"(c) INSPECTIONS AND INVESTIGATIONS.--
"(1) A designated officer or employee of the
Secretary may--
"(A) inspect and investigate, at a
reasonable time and in a reasonable way,
records and property related to-
"(i) designing, manufacturing,
fabricating, marking, maintaining,
reconditioning, repairing,
inspecting, testing, or distributing
a packaging, or a component thereof,
for use by a person in transporting
hazardous materials in commerce, or
"(ii) the transportation of
hazardous material in commerce;
"(B) except for the packaging
immediately adjacent to its hazardous
material contents, open and examine a
package offered for, or in, transportation
when the officer or employee has an
objectively reasonable and articulable
belief that the package may contain a
hazardous material;
"(C) remove from transportation a
package or related packages in a shipment
offered for or in transportation, and for
which such officer or employee has an
objectively reasonable and articulable
belief that the package or packages may
pose an imminent hazard, and for which the
officer or employee contemporaneously
documents that belief in accordance with
procedures adopted under subsection (e) of
this section;
"(D) gather information from the
offeror, packaging manufacturer or
retester, or other person responsible for
the package to ascertain the nature and
hazards of the contents of the package;
"(E) as necessary, under terms and
conditions specified by the Secretary,
order the offeror, packaging manufacturer
or retester, or other person responsible
for the package to have the package
transported to, opened and the contents
examined and analyzed at a facility
appropriate for the conduct of this
activity; and
"(F) when safety might otherwise be
compromised, authorize properly qualified
personnel to assist in the activities
conducted under subsection (c)(1)(B) of
this section.
"(2) An officer or employee acting under this
subsection shall display proper credentials when
requested.
"(3) For instances when, as a result of the
inspection or investigation, an imminent hazard is
not found to exist, the Secretary shall develop
procedures to assist in the safe resumption of
transportation of the package and transport unit.
"(d) EMERGENCY ORDERS.--(1) If, upon inspection
or investigation, the Secretary determines that
either a violation of a provision of this chapter or
a regulation issued under this chapter, or an unsafe
condition or practice, is causing an imminent
hazard, the Secretary may issue or impose emergency
restrictions, prohibitions, recalls, or out-of-
service orders, without notice or the opportunity
for a hearing, but only to the extent necessary to
abate the imminent hazard.
"(2) The Secretary's action under subsection
(d)(1) must be in a written order describing the
violation, condition or practice that is causing the
imminent hazard, and stating the restrictions,
prohibitions, recalls, or out-of-service orders
issued or imposed. The order also shall describe
the standards and procedures for obtaining relief
from the emergency order.
"(3) After taking action under subsection
(d)(1), the Secretary shall provide an opportunity
for review of that action under section 554 of title
5, and such review shall occur no later than 20 days
after issuance of such order.
"(e) REGULATIONS.--The Secretary shall issue
regulations with notice and comment, including an
opportunity for informal hearing, to implement the
authority in subsections (c) and (d) of this
section.
"(f) ENFORCEMENT BY THE ATTORNEY GENERAL.-At the
request of the Secretary, the Attorney General may
bring a civil action in an appropriate district
court of the United States to enforce this chapter
or a regulation prescribed or order issued under
this chapter. The court may award appropriate
relief, including punitive damages.
"(g) IMMINENT HAZARD.- If the Secretary has
reason to believe that an imminent hazard exists,
the Secretary may request the Attorney General to
bring a civil action in an appropriate district
court of the United States-
"(1) to suspend or restrict the transportation
of the hazardous material responsible for the
hazard; or
"(2) to eliminate or mitigate the hazard.
"(h) WITHHOLDING OF CLEARANCE.-(1) If an owner,
operator, or individual in charge of a vessel is
liable for a civil penalty under section 5123 of
this title or for a fine under section 5124 of this
title, or if reasonable cause exists to believe that
the owner, operator, or individual in charge may be
subject to penalty or fine, the Secretary of the
Treasury, upon request of the Secretary of
Transportation, shall with respect to such vessel
refuse or revoke any clearance required by section
4197 of the revised Statutes of the United States
(46 App. U.S.C. 91).
"(2) Clearance refused or revoked under this
subsection may be granted upon the filing of a bond
or other surety satisfactory to the Secretary of the
Treasury."
SEC. 14. PENALTIES.
(a) Section 5123 of title 49, United States
Code, is amended-
(1) in subsection (a)(1), by striking the
first sentence and inserting the following: "A
person that knowingly violates this chapter or
a regulation, order, special permit, or
approval issued under this chapter is liable to
the United States Government for a civil
penalty of at least $250 but not more than
$27,500 for each violation."; and
(2) by revising subsection (c)(2) to read as
follows:
"(2) with respect to the violator, the
degree of culpability, any good-faith
efforts to comply with the applicable
requirements, any history of prior
violations, any economic benefit resulting
from the violation, the ability to pay,
and any effect on the ability to continue
to do business; and".
(b) Section 5124 of title 49, United States
Code, is amended to read as follows:
"Sec. 5124. Criminal penalty
"(a) GENERAL.-- A person knowingly violating
section 5104(b) of this title or willfully violating
this chapter or a regulation, order, special permit,
or approval issued under this chapter, shall be
fined under title 18, imprisoned for not more than 5
years, or both. Knowledge by the person of the
existence of a regulation or requirement prescribed
by the Secretary is not an element of an offense
under this section.
"(b) AGGRAVATED VIOLATIONS.-- A person knowingly
violating section 5104(b) of this title or willfully
violating this chapter or a regulation, order,
special permit, or approval issued under this
chapter, and thereby causing the release of a
hazardous material, shall be fined under title 18,
imprisoned for not more than 20 years, or both.".
SEC. 15. PREEMPTION.
Section 5125 of title 49, United States Code,
is amended-
(1) in subsection (a)(2), by striking "chapter"
the first place it appears and inserting "chapter,
the purposes of this chapter,",
(2) in subsection (b)(2), by striking "after
November 16, 1990"; and
(3) by adding at the end the following:
"(h) INDEPENDENT APPLICATION OF EACH STANDARD.-
-Each preemption standard in subsections (a),
(b)(1), (c), and (g) of this section and section
5119(c)(2) of this title is independent in its
application to a requirement of any State, political
subdivision of a State, or Indian tribe.".
SEC. 16. JUDICIAL REVIEW.
(a) Chapter 51 of title 49, United States Code,
is amended by redesignating section 5127 as section
5129, and by inserting after section 5126 the
following new section:
"Sec. 5127. Judicial review
"(a) FILING AND VENUE.--Except as provided in
section 20114(c) of this title, a person disclosing
a substantial interest in a final order issued,
under the authority of section 5122 or 5123 of this
title, by the Secretary of Transportation, with
respect to the duties and powers designated to be
carried out by the Secretary under this chapter, may
apply for review of the order in the United States
Court of Appeals for the District of Columbia or in
the court of appeals for the United States for the
circuit in which the person resides or has its
principal place of business. The petition must be
filed not more than 60 days after the order is
issued. The court may allow the petition to be
filed after the 60th day only if there are
reasonable grounds for not filing by the 60th day.
"(b) JUDICIAL PROCEDURES.--When a petition is
filed under subsection (a) of this section, the
clerk of the court immediately shall send a copy of
the petition to the Secretary. The Secretary shall
file with the court a record of any proceeding in
which the order was issued, as provided in section
2112 of title 28, United States Code.
"(c) AUTHORITY OF COURT.--When the petition is
sent to the Secretary, the court has exclusive
jurisdiction to affirm, amend, modify, or set aside
any part of the order and may order the Secretary to
conduct further proceedings. Findings of fact by
the Secretary, if supported by substantial evidence,
are conclusive.
"(d) REQUIREMENT FOR PRIOR OBJECTION.--In
reviewing a final order under this section, the
court may consider an objection to a final order of
the Secretary only if the objection was made in the
course of a proceeding or review conducted by the
Secretary or if there was a reasonable ground for
not making the objection in the proceeding.
"(e) SUPREME COURT REVIEW.--A decision by a
court under this section may be reviewed only by the
Supreme Court under section 1254 of title 28, United
States Code.".
(b) The chapter analysis for chapter 51 of title
49, United States Code, is amended by striking the
item related to section 5127 and inserting the
following:
"5127. Judicial review."
SEC. 17. SAFETY STUDY.
(a) Chapter 51 of title 49, United States Code,
as amended by section 16 of this Act, is further
amended by inserting after section 5127 the
following:
"Sec. 5128. High-risk hazardous material; motor
carrier safety study
"(a) STUDY.--The Secretary of Transportation
shall conduct a study to-
"(1) determine the safety benefits and
administrative efficiency of implementing a
federal permit program for high-risk hazardous
material carriers;
"(2) identify and evaluate alternative
regulatory methods and procedures that may
improve the safety of high-risk hazardous
material carriers;
"(3) examine the safety benefits of
increased monitoring of high-risk hazardous
material carriers, and the costs, benefits, and
procedures of existing State permit programs;
"(4) make such recommendations as may
be appropriate for the improvement of
uniformity among existing State permit
programs; and
"(5) assess the potential of advanced
technologies for improving the assessment of
high-risk hazardous material carriers'
compliance with motor carrier safety
regulations.
"(b) TIME FRAME.--The Secretary shall begin the
study required by subsection (a) within 6 months
after the date of enactment of this section and
complete it within 30 months.
"(c) REPORT.-The Secretary shall report the
findings of the study required by subsection (a),
together with such recommendations as may be
appropriate, within 36 months after the date of
enactment of this section.".
(b) CONFORMING AMENDMENT.--The chapter analysis
for chapter 51 of title 49, United States Code, is
amended by adding the following:
"5128. High-risk hazardous material; motor carrier
safety study.
"5129. Authorization of appropriations.".
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) Section 5129 of title 49, United States
Code, as redesignated by section 16 of this Act, is
amended to read as follows:
"Sec. 5129. Authorization of appropriations
"(a) GENERAL.-To carry out this chapter (except
sections 5107(e), 5108(g), 5109, 5112, 5113, 5115,
5116, 5119, and 5128), (1) not more than $13,638,000
is authorized to be appropriated to the Secretary of
Transportation for fiscal year 2000, and (2) from
amounts collected under section 5108(g)(2)(B)(ii) of
this title, not more than $18,213,000 is authorized
to be appropriated to the Secretary for fiscal year
2000, and such sums as may be necessary are
authorized to be appropriated to the Secretary for
fiscal years 2001 through 2005.
"(b) SUPPLEMENTAL TRAINING GRANTS.--Not more
than $250,000 is available to the Secretary for
fiscal year 2000 and such amounts as are necessary
for fiscal years 2001 through 2005, from amounts in
the account established under section 5116(i) of
this title, to carry out section 5116(j) of this
title.
"(c) TRAINING CURRICULUM.--Not more than
$200,000 is available to the Secretary for fiscal
year 2000 and such amounts as are necessary for
fiscal years 2001 through 2005, from amounts in the
account established under section 5116(i) of this
title, to carry out section 5115 of this title.
"(d) PLANNING AND TRAINING.--(1) Not more than
$5,000,000 is available to the Secretary for fiscal
year 2000 and such amounts as are necessary for
fiscal years 2001 through 2005, from amounts in the
account established under section 5116(i) of this
title, to carry out section 5116(a) of this title.
"(2) Not more than $7,800,000 is available to
the Secretary for fiscal year 2000 and such amounts
as are necessary for fiscal years 2001 through 2005,
from amounts in the account established under
section 5116(i) of this title, to carry out section
5116(b) of this title.
"(3) Not more than $150,000 is available to the
Secretary for fiscal year 2000 and such amounts as
are necessary for fiscal years 2001 through 2005,
from amounts in the account established under
section 5116(i) of this title, to carry out section
5116(f) of this title.
"(e) EMERGENCY RESPONSE GUIDEBOOK.-Not more than
$600,000 is available to the Secretary for fiscal
year 2000 and such amounts as are necessary for
fiscal years 2001 through 2005, from amounts in the
account established under section 5116(i) of this
title, to publish and distribute the North American
Emergency Response Guidebook.
"(f) ADMINISTRATIVE COSTS.-Not more than
$300,000 is available to the Secretary for fiscal
year 2000 and such amounts as are necessary for
fiscal years 2001 through 2005, from amounts in the
account established under section 5116(i) of this
title, to carry out section 5116(i)(4) of this
title.
"(g) TRAINING OF HAZMAT EMPLOYEE
INSTRUCTORS.-Such amounts as necessary are
authorized to be appropriated to the Secretary, from
amounts in the account established under section
5116(i) of this title, for each of fiscal years 2001
through 2005, to carry out section 5107(e) of this
title.
"(h) CREDITS TO APPROPRIATIONS.-The Secretary of
Transportation may credit to any appropriation to
carry out this chapter an amount received from a
State, Indian tribe, or other public authority or
private entity for expenses the Secretary incurs in
providing training to the State, authority, or
entity.
"(i) AVAILABILITY OF AMOUNTS.-Amounts available
under this section remain available until
expended.".
(b) CONFORMING AMENDMENT.--Section 5107(e) of
title 49, United States Code, is amended by striking
"section 5127(c)(3)" and inserting "section 5129".
SEC. 19. INTERMODAL CONTAINER PILOT PROGRAM.
The Secretary of Transportation, through the
Commandant of the Coast Guard, shall conduct a two-
year pilot program to randomly inspect intermodal
containers in coastal port areas in order to
determine the extent to which undeclared hazardous
material is being offered for transportation in
commerce. Under this program, Coast Guard
inspection personnel may open and inspect any
intermodal container on a vessel or marine terminal
or elsewhere in a port area on the Atlantic, Pacific
or Gulf of Mexico coasts if that container has been
randomly selected for inspection by a supervisor who
is not on site. The Secretary shall initiate such
program within 1 year after the date of enactment of
this Act. Within 6 months after completion of this
program, the Secretary shall report to Congress on
the results of this program. That report shall
contain the number of containers inspected, the
number of containers containing undeclared hazardous
material, a description of the safety hazards posed
by the undeclared hazardous material, and a
recommendation for any legislation necessary to
address those safety hazards.
SEC. 20. MODES AND ROUTES STUDY.
Section 5105 of title 49, United States Code, is
amended by deleting subsection 5105(d) and
redesignating subsection 5105(e) as subsection
5105(d).