PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1905
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’’.
Deadline.
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)—
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