1051
‘‘(c) AUTHORITY OF COURT.—The court has exclu-
sive jurisdiction, as provided in subchapter II of chapter
5 of title 5, to affirm or set aside any part of the Sec-
retary’s final action and may order the Secretary to con-
duct further proceedings. Findings of fact by the Sec-
retary, if supported by substantial evidence, are conclu-
sive.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final action under this section, the court may
consider an objection to a final action of the Secretary
only if the objection was made in the course of a pro-
ceeding or review conducted by the Secretary or if there
was a reasonable ground for not making the objection in
the proceeding.’’.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 51 is amended by striking the item relating to
section 5127 and inserting the following:
‘‘5127. Judicial review.
‘‘5128. Authorization of appropriations.’’.
SEC. 7024. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 (as redesignated by section 7024) is
amended to read as follows:
‘‘§ 5128. Authorizations of appropriations
‘‘(a) IN GENERAL.—In order to carry out this chap-
ter (except sections 5107(e), 5108(g)(2), 5113, 5115,
1052
5116, and 5119), the following amounts are authorized
to be appropriated to the Secretary:
‘‘(1) For fiscal year 2005, $27,000,000.
‘‘(2) For fiscal year 2006, $29,000,000.
‘‘(3) For fiscal year 2007, $30,000,000.
‘‘(b) EMERGENCY PREPAREDNESS FUND.—There
shall be available to the Secretary, from the account estab-
lished pursuant to section 5116(i), for each of fiscal years
2005 through 2007 the following:
‘‘(1) To carry out section 5115, $200,000.
‘‘(2) To carry out section 5116(a), $8,000,000.
‘‘(3) 
To 
carry 
out 
section 
5116(b),
$13,800,000.
‘‘(4) To carry out section 5116(f), $150,000.
‘‘(5) To publish and distribute the Emergency
Response Guidebook under section 5116(i)(3),
$500,000.
‘‘(6) To pay administrative expenses in accord-
ance with section 5116(i)(4), $150,000.
‘‘(7) To carry out section 5116(j), $1,000,000.
‘‘(c) TRAINING OF HAZMAT EMPLOYEE INSTRUC-
TORS.—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
2005 through 2007.
1053
‘‘(d) UNIFORM FORMS AND PROCEDURES.—There is
authorized to be appropriated to the Secretary for making
grants to States participating in the working group estab-
lished under section 5119 $1,000,000 for each of the fiscal
years 2005 and 2006.
‘‘(e) ISSUANCE OF HAZMAT LICENSES.—There are
authorized to be appropriated for the Department of
Transportation such amounts as may be necessary to
carry out section 5103a.
‘‘(f) 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 Sec-
retary incurs in providing training to the State, authority,
or entity.
‘‘(g) AVAILABILITY OF AMOUNTS.—Amounts made
available by or under this section remain available until
expended.’’.
SEC. 7025. DETERMINING AMOUNT OF UNDECLARED SHIP-
MENTS OF HAZARDOUS MATERIALS ENTER-
ING THE UNITED STATES.
(a) STUDY.—The Comptroller General shall conduct
a study to propose methods of determining the amount
of undeclared shipments of hazardous materials (as de-
1054
fined in section 5101 of title 49, United States Code) en-
tering the United States.
(b) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
SEC. 7026. CONFORMING AMENDMENTS.
Chapter 51 is amended by striking ‘‘Secretary of
Transportation’’ each place it appears (other than the sec-
ond place it appears in section 5108(g)(2)(C), the first
place it appears in section 5115(a), and in sections
5116(g), 5116(i), and 5120(a)) and inserting ‘‘Secretary’’.
SEC. 7027. NATIONAL FIRST RESPONDER TRANSPORTATION
INCIDENT RESPONSE SYSTEM.
(a) IN GENERAL.—The Secretary shall provide fund-
ing to the Operation Respond Institute to design, build,
and operate a seamless first responder hazardous mate-
rials incident detection, preparedness, and response sys-
tem.
(b) EXPANSION.—This system shall include an ex-
pansion of the Operation Respond Emergency Information
System (OREIS).
1055
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $2,500,000 for each of fiscal years 2005
through 2007.
SEC. 7028. COMMON CARRIER PIPELINE SYSTEM.
(a) STUDY.—The Secretary shall conduct a study of
the economic, environmental, and homeland security ad-
vantages and disadvantages of operating a common carrier
pipeline system in the States of Texas, Louisiana, Mis-
sissippi, and Alabama for the transportation of aromatic
chemicals.
(b) EVALUATION.—In conducting the study, the Sec-
retary shall evaluate the appropriateness of different Fed-
eral incentives for the construction and operation of such
a pipeline system, including loan guarantees, other types
of financial assistance, and various types of tax incentives.
(c) REPORT.—Not later than December 31, 2005, the
Secretary shall transmit to Congress a report on the re-
sults of the study, including recommendations, if any, for
legislation.