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SEC. 7021. PREEMPTION. 
(a) DUAL COMPLIANCE AND OBSTACLE TESTS.—
Section 5125(a) is amended by striking the subsection 
heading and inserting ‘‘DUAL COMPLIANCE AND OBSTA-
CLE TESTS.—’’. 
(b) SUBSTANTIVE DIFFERENCES.—The second sen-
tence of section 5125(b)(2) is amended by striking ‘‘after 
November 16, 1990’’. 
(c) DECISIONS ON PREEMPTION.—The third sentence 
of section 5125(d)(1) is amended by inserting ‘‘and pub-
lish in the Federal Register’’ after ‘‘issue’’. 
(d) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Section 5125 is amended by inserting after sub-
section (f), as redesignated by section 7023(a)(2) of this 
Act, the following: 
‘‘(g) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Subsections (b), (c)(1), (d), and (g) are inde-
pendent in their application to a requirement of any State, 
political subdivision of a State, or Indian tribe and shall 
be reviewed independently.’’. 
SEC. 7022. RELATIONSHIP TO OTHER LAWS. 
Section 5126(a) is amended by striking ‘‘must com-
ply’’ and inserting ‘‘shall comply’’. 
SEC. 7023. JUDICIAL REVIEW. 
(a) REPEAL.—Section 5125 is amended—
(1) by striking subsection (f);
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(2) by redesignating subsection (g) as sub-
section (f); and 
(3) in subsection (f) (as so redesignated) by 
moving paragraph (2) (including subparagraphs (A) 
through (D)) 2 ems to the left. 
(b) JUDICIAL REVIEW.—Chapter 51 is amended by 
redesignating section 5127 as section 5128 and by insert-
ing after section 5126 the following: 
‘‘§ 5127. Judicial review 
‘‘(a) FILING AND VENUE.—Except as provided in 
section 20114(c), a person adversely affected or aggrieved 
by a final action of the Secretary under this chapter 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 for the United States for the circuit in 
which the person resides or has its principal place of busi-
ness. The petition must be filed not more than 60 days 
after the Secretary’s action becomes final. 
‘‘(b) JUDICIAL PROCEDURES.—When a petition is 
filed under subsection (a), the clerk of the court imme-
diately 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 final action was issued, as pro-
vided in section 2112 of title 28.
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‘‘(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,
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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.
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‘‘(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-