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fore commencing a civil action with respect to such
civil penalty, clean-up costs, and damages under
paragraph (1).
‘‘(g) CIVIL JUDICIAL PENALTIES.—
‘‘(1) IN GENERAL.—At the request of the Postal
Service, the Attorney General may bring a civil ac-
tion in an appropriate district court of the United
States to enforce this section or a regulation pre-
scribed under this section.
‘‘(2) RELIEF.—The court in a civil action under
paragraph (1) may award appropriate relief, includ-
ing a temporary or permanent injunction, civil pen-
alties as determined in accordance with this section,
or punitive damages.
‘‘(3) CONSTRUCTION.—A civil action under this
subsection shall be in lieu of civil penalties for the
same violation under subsection (c)(1)(A).
‘‘(h) DEPOSIT OF AMOUNTS COLLECTED.—Amounts
collected under this section shall be deposited into the Postal
Service Fund under section 2003 of this title.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 30 of title 39, United States
Code, is amended by adding at the end the following:
‘‘3018. Hazardous material.’’.
(c) CONFORMING AMENDMENT.—Section 2003(b) of
title 39, United States Code, is amended—
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(1) by striking ‘‘and’’ after the semicolon in
paragraph (7);
(2) by striking ‘‘purposes.’’ in paragraph (8)
and inserting ‘‘purposes; and’’; and
(3) by adding at the end the following:
‘‘(9) any amounts collected under section 3018 of
this title.’’.
SEC. 7363. CRIMINAL MATTERS.
Section 845(a)(1) of title 18, United States Code, is
amended by striking ‘‘which are regulated’’ and all that fol-
lows and inserting ‘‘that is subject to the authority of the
Departments of Transportation and Homeland Security;’’.
SEC. 7364. CARGO INSPECTION PROGRAM.
(a) IN GENERAL.—The Secretary of Transportation
may establish a program of random inspections of cargo
at points of entry into the United States for the purpose
of determining the extent to which undeclared hazardous
material is being offered for transportation in commerce
through such points of entry.
(b) INSPECTIONS.—Under the program under sub-
section (a)—
(1) an officer of the Department of Transpor-
tation who is not located at a point of entry into the
United States may select at random cargo shipments
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at points of entry into the United States for inspec-
tion; and
(2) an officer or employee of the Department
may open and inspect each cargo shipment so selected
for the purpose described in subsection (a).
(c) COORDINATION.—The Secretary of Transportation
shall coordinate any inspections under the program under
subsection (a) with the Secretary of Homeland Security.
(d) DISPOSITION OF HAZARDOUS MATERIALS.—The
Secretary of Transportation shall provide for the appro-
priate handling and disposition of any hazardous material
discovered pursuant to inspections under the program
under subsection (a).
SEC. 7365. INFORMATION ON HAZMAT REGISTRATIONS.
The Administrator of the Department of Transpor-
tation’s Research and Special Programs Administration
shall—
(1) transmit current hazardous material reg-
istrant information to the Federal Motor Carrier
Safety Administration to cross reference the reg-
istrant’s Federal motor carrier registration number;
and
(2) notify the Federal Motor Carrier Safety Ad-
ministration immediately, and provide a registrant’s
United States Department of Transportation identi-
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fication number to the Administration, whenever a
new registrant registers to transport hazardous mate-
rials as a motor carrier.
SEC. 7366. REPORT ON APPLYING HAZARDOUS MATERIALS
REGULATIONS TO PERSONS WHO REJECT
HAZARDOUS MATERIALS.
Within 6 months after the date of enactment of this
Act, the Secretary of Transportation shall complete an as-
sessment of the costs and benefits of subjecting persons who
reject hazardous material for transportation in commerce
to the hazardous materials laws and regulations. In com-
pleting this assessment, the Secretary shall—
(1) estimate the number of affected employers
and employees;
(2) determine what actions would be required by
them to comply with such laws and regulations; and
(3) consider whether and to what extent the ap-
plication of Federal hazardous materials laws and
regulations should be limited to—
(A) particular modes of transportation;
(B) certain categories of employees; or
(C) certain classes or categories of haz-
ardous materials.
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SEC. 7367. NATIONAL FIRST RESPONDER TRANSPORTATION
INCIDENT RESPONSE SYSTEM.
(a) IN GENERAL.—The Secretary of Transportation
shall provide funding to the Operation Respond Institute
to design, build, and operate a seamless first responder haz-
ardous materials incident detection, preparedness, and re-
sponse system.
(b) OREIS EXPANSION.—
(1) IN GENERAL.—The system designed, built,
and operated by the Institute shall include an expan-
sion of the Operation Respond Emergency Informa-
tion System.
(2) FUNCTIONALITY.—The Secretary may require
that the system designed by the Operation Respond
Institute function across multiple transportation
modes.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section $5,000,000 for each of fiscal years 2005 through
2009.
SEC. 7368. HAZARDOUS MATERIAL TRANSPORTATION PLAN
REQUIREMENT.
(a) IN GENERAL.—Subpart I of part 172 of the De-
partment of Transportation’s regulations (49 C.F.R.
172.800 et seq.), or any subsequent Department of Trans-
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portation 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 op-
erations; 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 com-
modities; and
(2) whose gross receipts from the sale of such ag-
ricultural commodities or products do not exceed
$500,000 annually.
SEC. 7369. WELDED RAIL AND TANK CAR SAFETY IMPROVE-
MENTS.
(a) TRACK STANDARDS.—
(1) IN GENERAL.—Within 90 days after the date
of enactment of this Act, the Federal Railroad Ad-
ministration shall—
(A) require each track owner using contin-
uous welded rail track to include procedures (in
its procedures filed with the Administration pur-
suant to section 213.119 of title 49, Code of Fed-