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‘‘(B) states the restrictions, prohibitions, re-
calls, or out-of-service orders issued or imposed;
and
‘‘(C) describes the standards and procedures
for obtaining relief from the order.
‘‘(3) After taking action under paragraph (1) of
this subsection, the Secretary shall provide for review
of the action under section 554 of title 5 if a petition
for review is filed within 20 calendar days of the
issuance of the order for the action.
‘‘(4) If a petition for review of an action is filed
under paragraph (3) of this subsection and the review
under that paragraph is not completed by the end of
the 30-day period beginning on the date the petition
is filed, the action shall cease to be effective at the end
of such period unless the Secretary determines, in
writing, that the imminent hazard providing a basis
for the action continues to exist.
‘‘(5) In this subsection, the term ‘out-of-service
order’ means a requirement that an aircraft, vessel,
motor vehicle, train, railcar, locomotive, other vehicle,
transport unit, transport vehicle, freight container,
potable tank, or other package not be moved until
specified conditions have been met.
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‘‘(e) REGULATIONS.—The Secretary shall prescribe in
accordance with section 553 of title 5 regulations to carry
out the authority in subsections (c) and (d) of this section.
‘‘(f) FACILITY, STAFF, AND REPORTING SYSTEM ON
RISKS, EMERGENCIES, AND ACTIONS.—
‘‘(1) The Secretary shall—
‘‘(A) maintain a facility and technical staff
sufficient to provide, within the United States
Government, the capability of evaluating a risk
relating to the transportation of hazardous mate-
rial and material alleged to be hazardous;
‘‘(B) maintain a central reporting system
and information center capable of providing in-
formation and advice to law enforcement and
firefighting personnel, and other interested indi-
viduals, and officers and employees of the United
States Government and State and local govern-
ments on meeting an emergency relating to the
transportation of hazardous material; and
‘‘(C) conduct a continuous review on all as-
pects of transporting hazardous material to de-
cide on and take appropriate actions to ensure
safe transportation of hazardous material.
‘‘(2) Paragraph (1) of this subsection shall not
prevent the Secretary from making a contract with a
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private entity for use of a supplemental reporting sys-
tem and information center operated and maintained
by the contractor.
‘‘(g) GRANTS, COOPERATIVE
AGREEMENTS, 
AND
OTHER TRANSACTIONS.—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 for-
eign government (in coordination with the Department of
State), an educational institution, or other appropriate
entity—
‘‘(1) to expand risk assessment and emergency
response capabilities with respect to the security of
transportation of hazardous material;
‘‘(2) to enhance emergency communications ca-
pacity as deemed necessary by the Secretary, includ-
ing the use of integrated, interoperable emergency
communications technologies where appropriate;
‘‘(3) to conduct research, development, dem-
onstration, risk assessment and emergency response
planning and training activities; or
‘‘(4) to otherwise carry out this chapter.
‘‘(h) REPORTS.—
‘‘(1) The Secretary shall, once every 2 years, sub-
mit to the Senate Committee on Commerce, Science,
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and Transportation and the House of Representatives
Committee on Transportation and Infrastructure a
comprehensive report on the transportation of haz-
ardous material during the preceding 2 calendar
years. Each report shall include, for the period cov-
ered by such report—
‘‘(A) a statistical compilation of the acci-
dents, incidents, and casualties related to the
transportation of hazardous material during
such period;
‘‘(B) a list and summary of applicable Gov-
ernment regulations, criteria, orders, and special
permits;
‘‘(C) a summary of the basis for each spe-
cial permit issued;
‘‘(D) an evaluation of the effectiveness of en-
forcement activities relating to the transpor-
tation of hazardous material during such period,
and of the degree of voluntary compliance with
regulations;
‘‘(E) a summary of outstanding problems in
carrying out this chapter, set forth in order of
priority; and
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‘‘(F) any recommendations for legislative or
administrative action that the Secretary con-
siders appropriate.
‘‘(2) Before December 31, 2007, and every 3
years thereafter, the Secretary, through the Bureau of
Transportation Statistics and in consultation with
other appropriate Federal departments and agencies,
shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the
House of Representatives Committee on Transpor-
tation and Infrastructure on the transportation of
hazardous material in all modes of transportation
during the preceding 3 calendar years. Each report
shall include, for the period covered by such report—
‘‘(A) a summary of the hazardous material
shipments, deliveries, and movements during
such period, set forth by hazardous materials
type, by tonnage and ton-miles, and by mode,
both domestically and across United States bor-
ders; and
‘‘(B) a summary of shipment estimates dur-
ing such period as a proxy for risk.
‘‘(i) SECURITY SENSITIVE INFORMATION.—
‘‘(1) If the Secretary determines that particular
information may reveal a vulnerability of a haz-
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ardous material to attack during transportation in
commerce, or may facilitate the diversion of haz-
ardous material during transportation in commerce
for use in an attack on people or property, the Sec-
retary may disclose such information, on the condi-
tion that such information may not be released to the
public without prior authorization by the Secretary,
only—
‘‘(A) to the owner, custodian, offeror, or car-
rier of such hazardous material;
‘‘(B) to an officer, employee, or agent of the
United States Government, or a State or local
government, including volunteer fire depart-
ments, concerned with carrying out transpor-
tation safety laws, protecting hazardous material
in the course of transportation in commerce, pro-
tecting public safety or national security, or en-
forcing Federal law designed to protect public
health or the environment; or
‘‘(C) in an administrative or judicial pro-
ceeding brought under this chapter, under other
Federal law intended to protect public health or
the environment, or under other Federal law in-
tended to address terrorist actions or threats of
terrorist actions.
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‘‘(2) The Secretary may make determinations
under paragraph (1) of this subsection with respect to
categories of information in accordance with regula-
tions prescribed by the Secretary.
‘‘(3) A release of information pursuant to a de-
termination under paragraph (1) of this subsection
shall not be treated as a release of such information
to the public for purposes of section 552 of title 5.’’.
SEC. 7338. ENFORCEMENT.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5122(a) is amended by striking ‘‘of
Transportation’’.
(b) GENERAL.—Section 5122(a) is further amended—
(1) by striking ‘‘chapter or a regulation pre-
scribed or order’’ in the first sentence and inserting
‘‘chapter, a regulation prescribed under this chapter,
or an order, special permit, or approval’’; and
(2) by striking the second sentence and inserting
‘‘In an action under this subsection, the court may
award appropriate relief, including a temporary or
permanent injunction, civil penalties under section
5123 of this title, and punitive damages.’’.
(c) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is
amended by striking ‘‘ameliorate’’ and inserting ‘‘miti-
gate’’.
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SEC. 7339. CIVIL PENALTIES.
(a) PENALTY.—Section 5123(a) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘regulation prescribed or
order issued’’ and inserting ‘‘regulation, order,
special permit, or approval issued’’; and
(B) by striking ‘‘$25,000’’ and inserting
‘‘$32,500’’;
(2) by redesignating paragraph (2) as para-
graph (4); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) If the Secretary finds that a violation under para-
graph (1) results in death, serious illness, or severe injury
to any person, the Secretary may increase the amount of
the civil penalty for such violation to not more than
$100,000.
‘‘(3) If the violation is related to training, paragraph
(1) shall be applied by substituting ‘$450’ for ‘$250’.’’.
(b) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5123(b) is amended by striking ‘‘of
Transportation’’.
(c) HEARING
REQUIREMENT.—Section 5123(b) is
amended by striking ‘‘chapter or a regulation prescribed’’
and inserting ‘‘chapter, a regulation prescribed under this
chapter, or an order, special permit, or approval issued’’.
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(d) CIVIL ACTIONS TO COLLECT.—Section 5123(d) is
amended by striking ‘‘section.’’ and inserting ‘‘section and
any accrued interest on the civil penalty as calculated in
accordance with section 1005 of the Oil Pollution Act of
1990 (33 U.S.C. 2705). In the civil action, the amount and
appropriateness of the civil penalty shall not be subject to
review.’’.
(e) EFFECTIVE DATE.—(1) The amendments made by
subsections (b) and (c) of this section shall take effect on
the date of the enactment of this Act, and shall apply with
respect to violations described in section 5123(a) of title 49,
United States Code (as amended by this section), that occur
on or after that date.
(2) The amendment made by subsection (d) of this sec-
tion shall apply with respect to civil penalties imposed on
violations described in section 5123(a) of title 49, United
States Code (as amended by this section), which violations
occur on or after the date of the enactment of this Act.
SEC. 7340. CRIMINAL PENALTIES.
(a) IN GENERAL.—Section 5124 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A
person’’; and
(2) by striking ‘‘chapter or a regulation pre-
scribed or order’’ and inserting ‘‘chapter, a regulation
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prescribed under this chapter, or an order, special
permit, or approval’’.
(b) ADDITIONAL MATTERS.—Section 5124 is further
amended by adding at the end the following:
‘‘(b) AGGRAVATED VIOLATIONS.—A person knowingly
violating section 5104(b) of this title or willfully violating
this chapter or a regulation prescribed, or an order, special
permit, or approval issued, under this chapter, who thereby
causes the release of hazardous material shall be fined under
title 18, imprisoned for not more than 20 years, or both.
‘‘(c) SEPARATE VIOLATIONS.—A separate violation oc-
curs for each day the violation, committed by a person who
transports or causes to be transported hazardous material,
continues.’’.
SEC. 7341. PREEMPTION.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5125(b)(2) is amended by striking ‘‘of
Transportation’’.
(b) PURPOSES.—Section 5125 is amended—
(1) by redesignating subsections (a), (b), (c), (d),
(e), (f), and (g) as subsections (b), (c), (d), (e), (f),
(g), and (h), respectively;
(2) by inserting before subsection (b), as so redes-
ignated, the following:
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‘‘(a) PURPOSES.—The Secretary shall exercise the au-
thority in this section—
‘‘(1) to achieve uniform regulation of the trans-
portation of hazardous material;
‘‘(2) to eliminate rules that are inconsistent with
the regulations prescribed under this chapter; and
‘‘(3) to otherwise promote the safe and efficient
movement of hazardous material in commerce.’’;
(3) by striking subsection (g), as redesignated;
and
(4) by redesignating subsection (h), as redesig-
nated, as subsection (g).
(c) GENERAL PREEMPTION.—Section 5125(b), as re-
designated by subsection (b)(1) of this section, is further
amended by striking ‘‘GENERAL.—Except as provided in
subsection (b), (c), and (e)’’ and inserting ‘‘PREEMPTION
GENERALLY.—Except as provided in subsections (c), (d),
and (f)’’.
(d) SUBSTANTIVE DIFFERENCES.—Section 5125(c), as
so redesignated, is further amended—
(1) in the matter preceding subparagraph (A) of
paragraph (1), by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (d)’’;
(2) by striking subparagraph (E) of paragraph
(1) and inserting the following:
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‘‘(E) the designing, manufacturing, fabricating,
inspecting, marking, maintaining, reconditioning, re-
pairing, or testing a package, container, or packaging
component that is represented, marked, certified, or
sold by that person as qualified for use in trans-
porting hazardous material in commerce.’’; and
(3) by striking ‘‘prescribes after November 16,
1990. However, the’’ in paragraph (2) and inserting
‘‘prescribes. The’’.
(e) DECISIONS ON PREEMPTION.—Section 5125(e), as
so redesignated, is further amended by striking ‘‘subsection
(a), (b)(1), or (c) of this section.’’ in the first sentence and
inserting ‘‘subsection (b), (c)(1), or (d) of this section or
section 5119(b) of this title.’’.
(f) WAIVER OF PREEMPTION.—Section 5125(f), as so
redesignated, is further amended by striking ‘‘subsection
(a), (b)(1), or (c) of this section.’’ and inserting ‘‘subsection
(b), (c)(1), or (d) of this section or section 5119(b) of this
title.’’.
(g) STANDARDS.—Section 5125 is further amended by
adding at the end the following:
‘‘(h) APPLICATION
OF EACH PREEMPTION STAND-
ARD.—Each standard for preemption in subsection (b),
(c)(1), or (d) of this section, and in section 5119(b) of this
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title, is independent in its application to a requirement of
a State, political subdivision of a State, or Indian tribe.
‘‘(i) NON-FEDERAL
ENFORCEMENT
STANDARDS.—
This section does not apply to any procedure, penalty, re-
quired mental state, or other standard utilized by a State,
political subdivision of a State, or Indian tribe to enforce
a requirement applicable to the transportation of hazardous
material.’’.
SEC. 7342. RELATIONSHIP TO OTHER LAWS.
Section 5126 is amended—
(1) by striking ‘‘or causes to be transported haz-
ardous material,’’ in subsection (a) and inserting
‘‘hazardous material, or causes hazardous material to
be transported,’’;
(2) by striking ‘‘manufactures,’’ and all that fol-
lows through ‘‘or sells’’ in subsection (a) and inserting
‘‘designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs, or tests a package,
container, or packaging component that is rep-
resented’’;
(3) by striking ‘‘must’’ in subsection (a) and in-
serting ‘‘shall’’;
(4) by striking ‘‘manufacturing,’’ in subsection
(a) and all that follows through ‘‘testing’’ and insert-
ing ‘‘designing, manufacturing, fabricating, inspect-
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ing, marking, maintaining, reconditioning, repairing,
or testing’’; and
(5) by striking ‘‘39.’’ in subsection (b)(2) and in-
serting ‘‘39, except in the case of an imminent haz-
ard.’’.
SEC. 7343. JUDICIAL REVIEW.
(a) IN GENERAL.—Chapter 51 is amended—
(1) by redesignating section 5127 as section
5128; and
(2) by inserting after section 5126 the following:
‘‘§ 5127. Judicial review
‘‘(a) FILING AND VENUE.—Except as provided in sec-
tion 20114(c) of this title, a person adversely affected or
aggrieved by a final action of the Secretary under this chap-
ter may petition for review of the final action in the United
States Court of Appeals for the District of Columbia or in
the court of appeals of the United States for the circuit in
which the person resides or has a principal place of busi-
ness. The petition shall be filed not more than 60 days after
the action of the Secretary becomes final.
‘‘(b) PROCEDURES.—When a petition on a final action
is filed under subsection (a) of this section, the clerk of the
court shall immediately send a copy of the petition to the
Secretary. The Secretary shall file with the court a record
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of any proceeding in which the final action was issued as
provided in section 2112 of title 28.
‘‘(c) AUTHORITY OF COURT.—The court in which a pe-
tition on a final action is filed under subsection (a) of this
section has exclusive jurisdiction, as provided in subchapter
II of chapter 5 of title 5 to affirm or set aside any part
of the final action and may order the Secretary to conduct
further proceedings.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTIONS.—In re-
viewing a final action under this section, the court may
consider an objection to the final action only if—
‘‘(1) the objection was made in the course of a
proceeding or review conducted by the Secretary; or
‘‘(2) there was a reasonable ground for not mak-
ing the objection in the proceeding.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 51 is amended by striking the item relating to sec-
tion 5127 and inserting the following:
‘‘5127. Judicial review.
‘‘5128. Authorization of appropriations.’’.
SEC. 7344. AUTHORIZATION OF APPROPRIATIONS.
Section 5128, as redesignated by section 7343 of this
chapter, is amended to read as follows:
‘‘§ 5128. Authorization of appropriations
‘‘(a) GENERAL.—In order to carry out this chapter
(except sections 5107(e), 5108(g), 5112, 5113, 5115, 5116,
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and 5119 of this title), the following amounts are authorized
to be appropriated to the Secretary:
‘‘(1) For fiscal year 2005, not more than
$24,940,000.
‘‘(2) For fiscal year 2006, not more than
$29,000,000.
‘‘(3) For each of fiscal years 2007 through 2009,
not more than $30,000,000.
‘‘(b) EMERGENCY PREPAREDNESS FUND.—There shall
be available from the Emergency Preparedness Fund under
section 5116(i) of this title, amounts as follows:
‘‘(1) To carry out section 5107(e) of this title,
$4,000,000 for each of fiscal years 2005 through 2009.
‘‘(2) To carry out section 5115 of this title,
$200,000 for each of fiscal years 2005 through 2009.
‘‘(3) To carry out sections 5116(a) and (b) of
this title, $21,800,000 for each of fiscal years 2005
through 2009, to be allocated as follows:
‘‘(A) $5,000,000 to carry out section
5116(a).
‘‘(B) $7,800,000 to carry out section
5116(b).
‘‘(C) Of the amount provided for by this
paragraph in excess of the suballocations in sub-
paragraphs (A) and (B)—
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‘‘(i) 35 percent shall be used to carry
out section 5116(a), and
‘‘(ii) 65 percent shall be used to carry
out section 5116(b),
except that the Secretary may increase the pro-
portion to carry out section 5116(b) and decrease
the proportion to carry out section 5116(a) if the
Secretary determines that such reallocation is
appropriate to carry out the intended uses of
these funds as described in the applications sub-
mitted by States and Indian tribes.
‘‘(4) To carry out section 5116(f) of this title,
$150,000 for each of fiscal years 2005 through 2009.
‘‘(5) To carry out section 5116(i)(4) of this title,
$150,000 for each of fiscal years 2005 through 2009.
‘‘(6) To carry out section 5116(j) of this title,
$1,000,000 for each of fiscal years 2005 through 2009.
‘‘(7) To publish and distribute an emergency re-
sponse guidebook under section 5116(i)(3) of title 49,
United States Code, $750,000 for each of fiscal years
2005 through 2009.
‘‘(c) SECTION 5121 REPORTS.—There are authorized to
be appropriated to the Secretary of Transportation for the
use of the Bureau of Transportation Statistics such sums
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as may be necessary to carry out section 5121(h) of this
title.’’.
‘‘(d) CREDIT
TO APPROPRIATIONS.—The Secretary
may credit to any appropriation to carry out this chapter
an amount received from a State, political subdivision of
a State, Indian tribe, or other public authority or private
entity for expenses the Secretary incurs in providing train-
ing to the State, political subdivision, Indian tribe, or other
authority or entity.
‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts available
under subsections (a) and (b) of this section shall remain
available until expended.’’.
SEC. 7345. ADDITIONAL CIVIL AND CRIMINAL PENALTIES.
(a) 
TITLE
PENALTIES.—Section 
46312 
is
amended—
(1) by striking ‘‘part—’’ in subsection (a) and
inserting ‘‘part or chapter 51 of this title—’’; and
(2) by inserting ‘‘or chapter 51 of this title’’ in
subsection (b) after ‘‘under this part’’.
(b) TITLE 18 PENALTIES.—Section 3663(a)(1)(A) of
title 18, United States Code, is amended by inserting
‘‘5124,’’ before ‘‘46312,’’.
SEC. 7346. TECHNICAL CORRECTIONS.
(a) HIGHWAY ROUTING OF HAZARDOUS MATERIAL.—
The second sentence of section 5112(a)(1) is amended by