Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

    ``(2) WRITTEN ORDERS.--The action of the Secretary under paragraph (1) shall be in a written emergency order that--

    ``(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;

    ``(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and

    ``(C) describes the standards and procedures for obtaining relief from the order.

    ``(3) OPPORTUNITY FOR REVIEW.--After taking action under paragraph (1), 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 date of issuance of the order for the action.

    ``(4) EXPIRATION OF EFFECTIVENESSS OF ORDER.--If a petition for review of an action is

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filed under paragraph (3) 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) OUT OF SERVICE ORDER DEFINED.--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.

    ``(e) Regulations.--

    ``(1) TEMPORARY REGULATIONS.--Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2).

    ``(2) FINAL REGULATIONS.--Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.''.

    (e) Grants and Cooperative Agreements.--Section 5121 is amended by inserting after subsection (f) (as redesignated by subsection (d)(1) of this section) the following:

    ``(g) Grants and Cooperative Agreements.--The Secretary may enter into grants and cooperative agreements 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 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 capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;

    ``(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or

    ``(4) to otherwise carry out this chapter.''.

    (f) Report.--Section 5121(h) (as redesignated by subsection (d)(1) of this section) is amended--

    (1) in the matter preceding paragraph (1) by striking ``submit to the President for transmittal to the Congress'' and inserting ``transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate''; and

    (2) in paragraph (4) by inserting ``relating to a function regulated by the Secretary under section 5103(b)(1)'' after ``activities''.

   SEC. 7119. ENFORCEMENT.

    (a) In General.--Section 5122(a) is amended--

    (1) in the first sentence by striking ``chapter or a regulation prescribed or order'' and inserting ``chapter or a regulation prescribed or order, special permit, or approval''; and

    (2) by striking the second sentence and inserting the following: ``The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.''.

    (b) Imminent Hazards.--Section 5122(b)(1)(B) is amended by striking ``or ameliorate the'' and inserting ``or mitigate the''.

   SEC. 7120. CIVIL PENALTY.

    (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 ``$50,000'';

    (2) by redesignating paragraph (2) as paragraph (4); and

    (3) by inserting after paragraph (1) the following:

    ``(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, 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) Hearing Requirement.--Section 5123(b) is amended by striking ``regulation prescribed'' and inserting ``regulation prescribed or order, special permit, or approval issued''.

    (c) 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.''.

    (d) Effective Dates.--

    (1) HEARING REQUIREMENT.--The amendment made by subsection (b) shall take effect on the date of 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) CIVIL ACTIONS TO COLLECT.--The amendment made by subsection (c) 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), that occur on or after the date of enactment of this Act.

   SEC. 7121. CRIMINAL PENALTY.

    Section 5124 is amended to read as follows:``§5124. Criminal penalty

    ``(a) In General.--A person knowingly violating section 5104(b) or willfully or recklessly 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; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.

    ``(b) Knowing Violations.--For purposes of this section--

    ``(1) a person acts knowingly when--

    ``(A) the person has actual knowledge of the facts giving rise to the violation; or

    ``(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and

    ``(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.

    ``(c) Willful Violations.--For purposes of this section, a person acts willfully when--

    ``(1) the person has knowledge of the facts giving rise to the violation; and

    ``(2) the person has knowledge that the conduct was unlawful.

    ``(d) Reckless Violations.--For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person's conduct.''.

   SEC. 7122. PREEMPTION.

    (a) Substantive Differences.--Section 5125(b) is amended--

    (1) by striking subparagraph (E) of paragraph (1) and inserting the following:

    ``(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.''; and

    (2) by striking ``prescribes after November 16, 1990. However, the'' in paragraph (2) and inserting ``prescribes. The''.

    (b) Decisions on Preemption.--Section 5125(d)(1) is amended in the first sentence by inserting before the period at the end ``or section 5119(e)''.

    (c) Waiver of Preemption.--Section 5125(e) is amended in the first sentence by inserting before the period at the end ``or section 5119(b)''.

    (d) Standards.--Section 5125 is amended by adding at the end the following:

    ``(h) Application of Each Preemption Standard.--Each standard for preemption in subsection (b), (c)(1), or (d), and in section 5119(b), 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, required 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. 7123. JUDICIAL REVIEW.

    (a) Repeal.--Section 5125 (as amended by section 7122 of this Act) is further amended--

    (1) by striking subsection (f);

    (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; 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 inserting 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 business. 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 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 final action was issued, as provided in section 2112 of title 28.

    ``(c) Authority of Court.--The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary's final action and may order the Secretary to conduct further proceedings.

    ``(d) Requirement for Prior Objection.--In reviewing 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 proceeding 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. 7124. RELATIONSHIP TO OTHER LAWS.

    Section 5126(a) is amended--

    (1) by striking ``or causes to be transported hazardous material,'' and inserting ``hazardous material, or causes hazardous material to be transported,'';

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    (2) by striking ``manufactures,'' and all that follows through ``or sells'' and inserting ``designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented'';

    (3) by striking ``must'' and inserting ``shall''; and

    (4) by striking ``manufacturing,'' and all that follows through ``testing'' and inserting ``designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing''.

   SEC. 7125. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128 (as redesignated by section 7123(b) of this Act) is amended to read as follows:``§5128. Authorizations of appropriations

    ``(a) In General.--In order to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the following amounts are authorized to be appropriated to the Secretary:

    ``(1) For fiscal year 2005, $24,940,000.

    ``(2) For fiscal year 2006, $29,000,000.

    ``(3) For fiscal year 2007, $30,000,000.

    ``(4) For fiscal year 2008, $30,000,000.

    ``(b) Hazardous Materials Emergency Preparedness Fund.--There shall be available to the Secretary, from the account established pursuant to section 5116(i), for each of fiscal years 2005 through 2008 the following:

    ``(1) To carry out section 5115, $200,000.

    ``(2) To carry out sections 5116(a) and (b), $21,800,000 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 for a fiscal year in excess of the suballocations in subparagraphs (A) and (B)--

    ``(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 proportion 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 submitted by States and Indian tribes.

    ``(3) To carry out section 5116(f), $150,000.

    ``(4) To publish and distribute the Emergency Response Guidebook under section 5116(i)(3), $625,000.

    ``(5) To carry out section 5116(j), $1,000,000.

    ``(c) Hazmat Training Grants.--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 2008.

    ``(d) 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.

    ``(e) 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 Secretary incurs in providing training to the State, authority, or entity.

    ``(f) Availability of Amounts.--Amounts made available by or under this section remain available until expended.''.

   SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.

    Chapter 51 is amended by striking ``Secretary of Transportation'' each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting ``Secretary''.

   SEC. 7127. CRIMINAL MATTERS.

    Section 845(a)(1) of title 18, United States Code, is amended to read as follows:

    ``(1) aspects of the transportation of explosive materials via railroad, water, highway, or air that pertain to safety, including security, and are regulated by the Department of Transportation or the Department of Homeland Security;''.

   SEC. 7128. ADDITIONAL CIVIL AND CRIMINAL PENALTIES.

    (a) Title 49 Penalties.--Section 46312 is amended--

    (1) by striking ``part--'' in subsection (a) and inserting ``part or chapter 51--''; and

    (2) by inserting ``or chapter 51'' 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. 7129. HAZARDOUS MATERIAL TRANSPORTATION PLAN REQUIREMENT.

    (a) In General.--Subpart I of part 172 of the Department of Transportation's regulations (49 C.F.R. 172.800 et seq.), or any subsequent Department of Transportation regulation in pari materia, does not apply to the surface transportation activities of a farmer that are--

    (1) in direct support of the farmer's farming operations; and

    (2) conducted within a 150-mile radius of those operations.

    (b) Farmer Defined.--In this section, the term ``farmer'' means a person--

    (1) actively engaged in the production or raising of crops, poultry, livestock, or other agricultural commodities; and

    (2) whose gross receipts from the sale of such agricultural commodities or products do not exceed $500,000 annually.

   SEC. 7130. DETERMINING AMOUNT OF UNDECLARED SHIPMENTS OF HAZARDOUS MATERIALS ENTERING THE UNITED STATES.

    (a) Study.--The Comptroller General shall review existing options and determine additional options for discovering the amount of undeclared shipments of hazardous materials (as defined in section 5101 of title 49, United States Code) entering 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 Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

   SEC. 7131. HAZARDOUS MATERIALS RESEARCH PROJECTS.

    (a) In General.--The Administrator of the Pipeline and Hazardous Materials Safety Administration shall enter into a contract with the National Academy of Sciences to carry out the 9 research projects called for in the 2005 Special Report 283 of the Transportation Research Board entitled ``Cooperative Research for Hazardous Materials Transportation: Defining the Need, Converging on Solutions''. In carrying out the research projects, the National Academy of Sciences shall consult with the Administrator.

    (b) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the need to establish a cooperative research program on hazardous materials transportation.

    (c) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $1,250,000 for each of fiscal years 2006 through 2009 shall be available to carry out this section.

   SEC. 7132. NATIONAL FIRST RESPONDER TRANSPORTATION INCIDENT RESPONSE SYSTEM.

    (a) In General.--The Secretary shall provide funding to the Operation Respond Institute to design, build, and operate a seamless first responder hazardous materials incident detection, preparedness, and response system.

    (b) Expansion.--This system shall include an expansion of the Operation Respond Emergency Information System (OREIS).

    (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $2,500,000 for each of fiscal years 2005 through 2008.

   SEC. 7133. COMMON CARRIER PIPELINE SYSTEM.

    (a) Study.--The Secretary shall conduct a study of the economic, environmental, and homeland security advantages and disadvantages of operating a common carrier pipeline system in the States of Texas, Louisiana, Mississippi, and Alabama for the transportation of aromatic chemicals.

    (b) Evaluation.--In conducting the study, the Secretary shall evaluate the appropriateness of different Federal 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 results of the study, including recommendations, if any, for legislation.

   Subtitle B--Sanitary Food Transportation

   SEC. 7201. SHORT TITLE.

    This subtitle may be cited as the ``Sanitary Food Transportation Act of 2005''.

   SEC. 7202. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN SERVICES.

    (a) Unsanitary Transport Deemed Adulteration.--Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following:

    ``(i) If it is transported or offered for transport by a shipper, carrier by motor vehicle or rail vehicle, receiver, or any other person engaged in the transportation of food under conditions that are not in compliance with regulations promulgated under section 416.''.

    (b) Sanitary Transportation Requirements.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:

   ``SEC. 416. SANITARY TRANSPORTATION PRACTICES.

    ``(a) Definitions.--In this section:

    ``(1) BULK VEHICLE.--The term `bulk vehicle' includes a tank truck, hopper truck, rail tank car, hopper car, cargo tank, portable tank, freight container, or hopper bin, and any other vehicle in which food is shipped in bulk, with the food coming into direct contact with the vehicle.

    ``(2) TRANSPORTATION.--The term `transportation' means any movement in commerce by motor vehicle or rail vehicle.

    ``(b) Regulations.--The Secretary shall by regulation require shippers, carriers by motor vehicle or rail vehicle, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary to ensure that food is not transported under conditions that may render the food adulterated.

    ``(c) Contents.--The regulations under subsection (b) shall--

    ``(1) prescribe such practices as the Secretary determines to be appropriate relating to--

    ``(A) sanitation;

    ``(B) packaging, isolation, and other protective measures;

    ``(C) limitations on the use of vehicles;

    ``(D) information to be disclosed--

    ``(i) to a carrier by a person arranging for the transport of food; and

    ``(ii) to a manufacturer or other person that--

    ``(I) arranges for the transportation of food by a carrier; or

    ``(II) furnishes a tank vehicle or bulk vehicle for the transportation of food; and

    ``(E) recordkeeping; and

    ``(2) include--

    ``(A) a list of nonfood products that the Secretary determines may, if shipped in a bulk vehicle, render adulterated food that is subsequently transported in the same vehicle; and

    ``(B) a list of nonfood products that the Secretary determines may, if shipped in a motor vehicle or rail vehicle (other than a tank vehicle

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or bulk vehicle), render adulterated food that is simultaneously or subsequently transported in the same vehicle.

    ``(d) Waivers.--

    ``(1)