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(1) CONFORMING AMENDMENT.—The heading of
section 5117 is amended to read as follows:
‘‘§ 5117. Special permits and exclusions’’
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for chapter 51 is amended by striking the item
relating to section 5117 and inserting the following:
‘‘5117. Special permits and exclusions.’’.
(3) SUBSECTION
HEADING.—The heading for
subsection (a) of section 5117 is amended by striking
‘‘EXEMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’.
(d) REPEAL OF SECTION 5118.—
(1) Section 5118 is repealed.
(2) The chapter analysis for chapter 51 is
amended by striking the item relating to section 5118
and inserting the following:
‘‘5118. Repealed.’’.
SEC. 7336. UNIFORM FORMS AND PROCEDURES.
The text of section 5119 is amended to read as follows:
‘‘(a) IN GENERAL.—The Secretary may prescribe regu-
lations to establish uniform forms and regulations for
States on the following:
‘‘(1) To register and issue permits to persons
that transport or cause to be transported hazardous
material by motor vehicles in a State.
‘‘(2) To permit the transportation of hazardous
material in a State.
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‘‘(b) UNIFORMITY IN FORMS AND PROCEDURES.—In
prescribing regulations under subsection (a) of this section,
the Secretary shall develop procedures to eliminate discrep-
ancies among the States in carrying out the activities cov-
ered by the regulations.
‘‘(c) LIMITATION.—The regulations prescribed under
subsection (a) of this section may not define or limit the
amount of any fees imposed or collected by a State for any
activities covered by the regulations.
‘‘(d) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) of this subsection, the regulations prescribed
under subsection (a) of this section shall take effect 1
year after the date on which prescribed.
‘‘(2) EXTENSION.—The Secretary may extend the
1-year period in subsection (a) for an additional year
for good cause.
‘‘(e) STATE REGULATIONS.—After the regulations pre-
scribed under subsection (a) of this section take effect under
subsection (d) of this section, a State may establish, main-
tain, or enforce a requirement relating to the same subject
matter only if the requirement is consistent with applicable
requirements with respect to such activity in the regula-
tions.
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‘‘(f) INTERIM STATE PROGRAMS.—Pending the pre-
scription of regulations under subsection (a) of this section,
States may participate in the program of uniform forms
and procedures recommended by the Alliance for Uniform
Hazmat Transportation Procedures.’’.
SEC. 
7337. 
HAZARDOUS 
MATERIALS 
TRANSPORTATION
SAFETY AND SECURITY.
The text of section 5121 is amended to read as follows:
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) To carry out this chapter, the Secretary
may investigate, conduct tests, make reports, issue
subpoenas, conduct hearings, require the production of
records and property, take depositions, and conduct
research, development, demonstration, and training
activities.
‘‘(2) Except as provided in subsections (c) and
(d) of this section, the Secretary shall provide notice
and an opportunity for a hearing before issuing an
order directing compliance with this chapter, a regu-
lation prescribed under this chapter, or an order, spe-
cial permit, or approval issued under this chapter.
‘‘(b) RECORDS, REPORTS, PROPERTY, AND INFORMA-
TION.—A person subject to this chapter shall—
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‘‘(1) maintain records, make reports, and pro-
vide property and information that the Secretary by
regulation or order requires; and
‘‘(2) make the records, reports, property, and in-
formation available for inspection when the Secretary
undertakes an inspection or investigation.
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) A designated officer or employee of the Sec-
retary may—
‘‘(A) inspect and investigate, at a reason-
able time and in a reasonable way, records and
property relating to a function described in sec-
tion 5103(b)(1) of this title;
‘‘(B) except for packaging immediately ad-
jacent to the hazardous material contents, gain
access to, open, and examine a package offered
for or in transportation when the officer or em-
ployees has an objectively reasonable and
articulable belief that the package may contain
hazardous material;
‘‘(C) remove from transportation a package
or related packages in a shipment offered for or
in transportation for which—
‘‘(i) such officer or employee has an ob-
jectively reasonable and articulable belief
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that the package may pose an imminent
hazard; and
‘‘(ii) such officer or employee contem-
poraneously documents such belief in ac-
cordance with procedures set forth in regu-
lations prescribed under subsection (e) of
this section;
‘‘(D) gather information from the offeror,
carrier, packaging manufacturer or tester, or
other person responsible for a package or pack-
ages to ascertain the nature and hazards of the
contents of the package or packages;
‘‘(E) as necessary under terms and condi-
tions prescribed by the Secretary, order the offer-
or, carrier, or other person responsible for a
package or packages to have the package or pack-
ages transported to an appropriate facility,
opened, examined, and analyzed; and
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel
to assist in activities carried out under this
paragraph.
‘‘(2) An officer or employee acting under the au-
thority of the Secretary under this subsection shall
display proper credentials when requested.
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‘‘(3) In instances when, as a result of an inspec-
tion or investigation under this subsection, an immi-
nent hazards is not found to exist, the Secretary shall,
in accordance with procedures set forth in regulations
prescribed under subsection (e) of this section, assist
the safe resumption of transportation of the package,
packages, or transport unit concerned.
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) If, upon inspection, investigation, testing,
or research, the Secretary determines that a violation
of a provision of this chapter, or a regulation pre-
scribed under this chapter, or an unsafe condition or
practice, constitutes or is causing an imminent haz-
ard, the Secretary may issue or impose emergency re-
strictions, prohibitions, recalls, or out-of-service or-
ders, without notice or an opportunity for a hearing,
but only to the extent necessary to abate the imminent
hazard.
‘‘(2) The action of the Secretary under para-
graph (1) of this subsection shall be in a written
emergency order that—
‘‘(A) describes the violation, condition, or
practice that constitutes or is causing the immi-
nent hazard;
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‘‘(B) states the restrictions, prohibitions, re-
calls, or out-of-service orders issued or imposed;
and
‘‘(C) describes the standards and procedures
for obtaining relief from the order.
‘‘(3) After taking action under paragraph (1) of
this subsection, 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
issuance of the order for the action.
‘‘(4) If a petition for review of an action is filed
under paragraph (3) of this subsection 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) 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.
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‘‘(e) REGULATIONS.—The Secretary shall prescribe in
accordance with section 553 of title 5 regulations to carry
out the authority in subsections (c) and (d) of this section.
‘‘(f) FACILITY, STAFF, AND REPORTING SYSTEM ON
RISKS, EMERGENCIES, AND ACTIONS.—
‘‘(1) The Secretary shall—
‘‘(A) maintain a facility and technical staff
sufficient to provide, within the United States
Government, the capability of evaluating a risk
relating to the transportation of hazardous mate-
rial and material alleged to be hazardous;
‘‘(B) maintain a central reporting system
and information center capable of providing in-
formation and advice to law enforcement and
firefighting personnel, and other interested indi-
viduals, and officers and employees of the United
States Government and State and local govern-
ments on meeting an emergency relating to the
transportation of hazardous material; and
‘‘(C) conduct a continuous review on all as-
pects of transporting hazardous material to de-
cide on and take appropriate actions to ensure
safe transportation of hazardous material.
‘‘(2) Paragraph (1) of this subsection shall not
prevent the Secretary from making a contract with a
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private entity for use of a supplemental reporting sys-
tem and information center operated and maintained
by the contractor.
‘‘(g) GRANTS, COOPERATIVE
AGREEMENTS, 
AND
OTHER TRANSACTIONS.—The Secretary may enter into
grants, cooperative agreements, and other transactions with
a person, agency, or instrumentality of the United States,
a unit of State or local government, an Indian tribe, a for-
eign 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 ca-
pacity as deemed necessary by the Secretary, includ-
ing the use of integrated, interoperable emergency
communications technologies where appropriate;
‘‘(3) to conduct research, development, dem-
onstration, risk assessment and emergency response
planning and training activities; or
‘‘(4) to otherwise carry out this chapter.
‘‘(h) REPORTS.—
‘‘(1) The Secretary shall, once every 2 years, sub-
mit to the Senate Committee on Commerce, Science,
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and Transportation and the House of Representatives
Committee on Transportation and Infrastructure a
comprehensive report on the transportation of haz-
ardous material during the preceding 2 calendar
years. Each report shall include, for the period cov-
ered by such report—
‘‘(A) a statistical compilation of the acci-
dents, incidents, and casualties related to the
transportation of hazardous material during
such period;
‘‘(B) a list and summary of applicable Gov-
ernment regulations, criteria, orders, and special
permits;
‘‘(C) a summary of the basis for each spe-
cial permit issued;
‘‘(D) an evaluation of the effectiveness of en-
forcement activities relating to the transpor-
tation of hazardous material during such period,
and of the degree of voluntary compliance with
regulations;
‘‘(E) a summary of outstanding problems in
carrying out this chapter, set forth in order of
priority; and
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‘‘(F) any recommendations for legislative or
administrative action that the Secretary con-
siders appropriate.
‘‘(2) Before December 31, 2007, and every 3
years thereafter, the Secretary, through the Bureau of
Transportation Statistics and in consultation with
other appropriate Federal departments and agencies,
shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the
House of Representatives Committee on Transpor-
tation and Infrastructure on the transportation of
hazardous material in all modes of transportation
during the preceding 3 calendar years. Each report
shall include, for the period covered by such report—
‘‘(A) a summary of the hazardous material
shipments, deliveries, and movements during
such period, set forth by hazardous materials
type, by tonnage and ton-miles, and by mode,
both domestically and across United States bor-
ders; and
‘‘(B) a summary of shipment estimates dur-
ing such period as a proxy for risk.
‘‘(i) SECURITY SENSITIVE INFORMATION.—
‘‘(1) If the Secretary determines that particular
information may reveal a vulnerability of a haz-
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ardous material to attack during transportation in
commerce, or may facilitate the diversion of haz-
ardous material during transportation in commerce
for use in an attack on people or property, the Sec-
retary may disclose such information, on the condi-
tion that such information may not be released to the
public without prior authorization by the Secretary,
only—
‘‘(A) to the owner, custodian, offeror, or car-
rier of such hazardous material;
‘‘(B) to an officer, employee, or agent of the
United States Government, or a State or local
government, including volunteer fire depart-
ments, concerned with carrying out transpor-
tation safety laws, protecting hazardous material
in the course of transportation in commerce, pro-
tecting public safety or national security, or en-
forcing Federal law designed to protect public
health or the environment; or
‘‘(C) in an administrative or judicial pro-
ceeding brought under this chapter, under other
Federal law intended to protect public health or
the environment, or under other Federal law in-
tended to address terrorist actions or threats of
terrorist actions.
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‘‘(2) The Secretary may make determinations
under paragraph (1) of this subsection with respect to
categories of information in accordance with regula-
tions prescribed by the Secretary.
‘‘(3) A release of information pursuant to a de-
termination under paragraph (1) of this subsection
shall not be treated as a release of such information
to the public for purposes of section 552 of title 5.’’.
SEC. 7338. ENFORCEMENT.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5122(a) is amended by striking ‘‘of
Transportation’’.
(b) GENERAL.—Section 5122(a) is further amended—
(1) by striking ‘‘chapter or a regulation pre-
scribed or order’’ in the first sentence and inserting
‘‘chapter, a regulation prescribed under this chapter,
or an order, special permit, or approval’’; and
(2) by striking the second sentence and inserting
‘‘In an action under this subsection, the court may
award appropriate relief, including a temporary or
permanent injunction, civil penalties under section
5123 of this title, and punitive damages.’’.
(c) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is
amended by striking ‘‘ameliorate’’ and inserting ‘‘miti-
gate’’.
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SEC. 7339. CIVIL PENALTIES.
(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
‘‘$32,500’’;
(2) by redesignating paragraph (2) as para-
graph (4); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) If the Secretary finds that a violation under para-
graph (1) results in death, serious illness, or severe injury
to any person, 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) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5123(b) is amended by striking ‘‘of
Transportation’’.
(c) HEARING
REQUIREMENT.—Section 5123(b) is
amended by striking ‘‘chapter or a regulation prescribed’’
and inserting ‘‘chapter, a regulation prescribed under this
chapter, or an order, special permit, or approval issued’’.
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(d) 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.’’.
(e) EFFECTIVE DATE.—(1) The amendments made by
subsections (b) and (c) of this section shall take effect on
the date of the 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) The amendment made by subsection (d) of this sec-
tion 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), which violations
occur on or after the date of the enactment of this Act.
SEC. 7340. CRIMINAL PENALTIES.
(a) IN GENERAL.—Section 5124 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A
person’’; and
(2) by striking ‘‘chapter or a regulation pre-
scribed or order’’ and inserting ‘‘chapter, a regulation
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prescribed under this chapter, or an order, special
permit, or approval’’.
(b) ADDITIONAL MATTERS.—Section 5124 is further
amended by adding at the end the following:
‘‘(b) AGGRAVATED VIOLATIONS.—A person knowingly
violating section 5104(b) of this title or willfully violating
this chapter or a regulation prescribed, or an order, special
permit, or approval issued, under this chapter, who thereby
causes the release of hazardous material shall be fined under
title 18, imprisoned for not more than 20 years, or both.
‘‘(c) SEPARATE VIOLATIONS.—A separate violation oc-
curs for each day the violation, committed by a person who
transports or causes to be transported hazardous material,
continues.’’.
SEC. 7341. PREEMPTION.
(a) REFERENCE
TO
SECRETARY
OF
TRANSPOR-
TATION.—Section 5125(b)(2) is amended by striking ‘‘of
Transportation’’.
(b) PURPOSES.—Section 5125 is amended—
(1) by redesignating subsections (a), (b), (c), (d),
(e), (f), and (g) as subsections (b), (c), (d), (e), (f),
(g), and (h), respectively;
(2) by inserting before subsection (b), as so redes-
ignated, the following:
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‘‘(a) PURPOSES.—The Secretary shall exercise the au-
thority in this section—
‘‘(1) to achieve uniform regulation of the trans-
portation of hazardous material;
‘‘(2) to eliminate rules that are inconsistent with
the regulations prescribed under this chapter; and
‘‘(3) to otherwise promote the safe and efficient
movement of hazardous material in commerce.’’;
(3) by striking subsection (g), as redesignated;
and
(4) by redesignating subsection (h), as redesig-
nated, as subsection (g).
(c) GENERAL PREEMPTION.—Section 5125(b), as re-
designated by subsection (b)(1) of this section, is further
amended by striking ‘‘GENERAL.—Except as provided in
subsection (b), (c), and (e)’’ and inserting ‘‘PREEMPTION
GENERALLY.—Except as provided in subsections (c), (d),
and (f)’’.
(d) SUBSTANTIVE DIFFERENCES.—Section 5125(c), as
so redesignated, is further amended—
(1) in the matter preceding subparagraph (A) of
paragraph (1), by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (d)’’;
(2) by striking subparagraph (E) of paragraph
(1) and inserting the following:
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‘‘(E) the designing, manufacturing, fabricating,
inspecting, marking, maintaining, reconditioning, re-
pairing, or testing a package, container, or packaging
component that is represented, marked, certified, or
sold by that person as qualified for use in trans-
porting hazardous material in commerce.’’; and
(3) by striking ‘‘prescribes after November 16,
1990. However, the’’ in paragraph (2) and inserting
‘‘prescribes. The’’.
(e) DECISIONS ON PREEMPTION.—Section 5125(e), as
so redesignated, is further amended by striking ‘‘subsection
(a), (b)(1), or (c) of this section.’’ in the first sentence and
inserting ‘‘subsection (b), (c)(1), or (d) of this section or
section 5119(b) of this title.’’.
(f) WAIVER OF PREEMPTION.—Section 5125(f), as so
redesignated, is further amended by striking ‘‘subsection
(a), (b)(1), or (c) of this section.’’ and inserting ‘‘subsection
(b), (c)(1), or (d) of this section or section 5119(b) of this
title.’’.
(g) STANDARDS.—Section 5125 is further amended by
adding at the end the following:
‘‘(h) APPLICATION
OF EACH PREEMPTION STAND-
ARD.—Each standard for preemption in subsection (b),
(c)(1), or (d) of this section, and in section 5119(b) of this
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title, 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, re-
quired 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. 7342. RELATIONSHIP TO OTHER LAWS.
Section 5126 is amended—
(1) by striking ‘‘or causes to be transported haz-
ardous material,’’ in subsection (a) and inserting
‘‘hazardous material, or causes hazardous material to
be transported,’’;
(2) by striking ‘‘manufactures,’’ and all that fol-
lows through ‘‘or sells’’ in subsection (a) and inserting
‘‘designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs, or tests a package,
container, or packaging component that is rep-
resented’’;
(3) by striking ‘‘must’’ in subsection (a) and in-
serting ‘‘shall’’;
(4) by striking ‘‘manufacturing,’’ in subsection
(a) and all that follows through ‘‘testing’’ and insert-
ing ‘‘designing, manufacturing, fabricating, inspect-
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ing, marking, maintaining, reconditioning, repairing,
or testing’’; and
(5) by striking ‘‘39.’’ in subsection (b)(2) and in-
serting ‘‘39, except in the case of an imminent haz-
ard.’’.
SEC. 7343. JUDICIAL REVIEW.
(a) IN GENERAL.—Chapter 51 is amended—
(1) by redesignating section 5127 as section
5128; and
(2) by inserting after section 5126 the following:
‘‘§ 5127. Judicial review
‘‘(a) FILING AND VENUE.—Except as provided in sec-
tion 20114(c) of this title, a person adversely affected or
aggrieved by a final action of the Secretary under this chap-
ter 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 of the United States for the circuit in
which the person resides or has a principal place of busi-
ness. The petition shall be filed not more than 60 days after
the action of the Secretary becomes final.
‘‘(b) PROCEDURES.—When a petition on a final action
is filed under subsection (a) of this section, the clerk of the
court shall immediately send a copy of the petition to the
Secretary. The Secretary shall file with the court a record
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of any proceeding in which the final action was issued as
provided in section 2112 of title 28.
‘‘(c) AUTHORITY OF COURT.—The court in which a pe-
tition on a final action is filed under subsection (a) of this
section has exclusive jurisdiction, as provided in subchapter
II of chapter 5 of title 5 to affirm or set aside any part
of the final action and may order the Secretary to conduct
further proceedings.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTIONS.—In re-
viewing a final action under this section, the court may
consider an objection to the final action only if—
‘‘(1) the objection was made in the course of a
proceeding or review conducted by the Secretary; or
‘‘(2) there was a reasonable ground for not mak-
ing the objection in the proceeding.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 51 is amended by striking the item relating to sec-
tion 5127 and inserting the following:
‘‘5127. Judicial review.
‘‘5128. Authorization of appropriations.’’.
SEC. 7344. AUTHORIZATION OF APPROPRIATIONS.
Section 5128, as redesignated by section 7343 of this
chapter, is amended to read as follows:
‘‘§ 5128. Authorization of appropriations
‘‘(a) GENERAL.—In order to carry out this chapter
(except sections 5107(e), 5108(g), 5112, 5113, 5115, 5116,
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and 5119 of this title), the following amounts are authorized
to be appropriated to the Secretary:
‘‘(1) For fiscal year 2005, not more than
$24,940,000.
‘‘(2) For fiscal year 2006, not more than
$29,000,000.
‘‘(3) For each of fiscal years 2007 through 2009,
not more than $30,000,000.
‘‘(b) EMERGENCY PREPAREDNESS FUND.—There shall
be available from the Emergency Preparedness Fund under
section 5116(i) of this title, amounts as follows:
‘‘(1) To carry out section 5107(e) of this title,
$4,000,000 for each of fiscal years 2005 through 2009.
‘‘(2) To carry out section 5115 of this title,
$200,000 for each of fiscal years 2005 through 2009.
‘‘(3) To carry out sections 5116(a) and (b) of
this title, $21,800,000 for each of fiscal years 2005
through 2009, 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 in excess of the suballocations in sub-
paragraphs (A) and (B)—
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‘‘(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 pro-
portion 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 sub-
mitted by States and Indian tribes.
‘‘(4) To carry out section 5116(f) of this title,
$150,000 for each of fiscal years 2005 through 2009.
‘‘(5) To carry out section 5116(i)(4) of this title,
$150,000 for each of fiscal years 2005 through 2009.
‘‘(6) To carry out section 5116(j) of this title,
$1,000,000 for each of fiscal years 2005 through 2009.
‘‘(7) To publish and distribute an emergency re-
sponse guidebook under section 5116(i)(3) of title 49,
United States Code, $750,000 for each of fiscal years
2005 through 2009.
‘‘(c) SECTION 5121 REPORTS.—There are authorized to
be appropriated to the Secretary of Transportation for the
use of the Bureau of Transportation Statistics such sums
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as may be necessary to carry out section 5121(h) of this
title.’’.
‘‘(d) CREDIT
TO APPROPRIATIONS.—The Secretary
may credit to any appropriation to carry out this chapter
an amount received from a State, political subdivision of
a State, Indian tribe, or other public authority or private
entity for expenses the Secretary incurs in providing train-
ing to the State, political subdivision, Indian tribe, or other
authority or entity.
‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts available
under subsections (a) and (b) of this section shall remain
available until expended.’’.
SEC. 7345. ADDITIONAL CIVIL AND CRIMINAL PENALTIES.
(a) 
TITLE
PENALTIES.—Section 
46312 
is
amended—
(1) by striking ‘‘part—’’ in subsection (a) and
inserting ‘‘part or chapter 51 of this title—’’; and
(2) by inserting ‘‘or chapter 51 of this title’’ 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. 7346. TECHNICAL CORRECTIONS.
(a) HIGHWAY ROUTING OF HAZARDOUS MATERIAL.—
The second sentence of section 5112(a)(1) is amended by
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striking ‘‘However, the Secretary of Transportation’’ and
inserting ‘‘The Secretary’’.
(b) AIR TRANSPORTATION OF IONIZING RADIATION
MATERIAL.—Section 5114(b) is amended by striking ‘‘of
Transportation’’.
(c) INTERNATIONAL UNIFORMITY OF STANDARDS AND
REQUIREMENTS.—Section 5120 is amended by striking ‘‘of
Transportation’’ each place it appears in subsections (a),
(b), and (c)(1).
CHAPTER 2—OTHER MATTERS
SEC. 7361. ADMINISTRATIVE AUTHORITY FOR PIPELINE
AND HAZARDOUS MATERIALS SAFETY ADMIN-
ISTRATION.
Section 108 is amended by adding at the end the fol-
lowing:
‘‘(h) ADMINISTRATIVE AUTHORITIES.—
‘‘(1) GRANTS, COOPERATIVE AGREEMENTS, AND
OTHER
TRANSACTIONS.—The Administrator may
enter into grants, cooperative agreements, and other
transactions with Federal agencies, State and local
government agencies, other public entities, private or-
ganizations, and other persons—
‘‘(A) to conduct research into transportation
service and infrastructure assurance; and
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‘‘(B) to carry out other research activities of
the Administration.
‘‘(2) LIMITATION ON DISCLOSURE OF CERTAIN
INFORMATION.—
‘‘(A) LIMITATION.—If the Administrator de-
termines that particular information developed
in research sponsored by the Administration
may reveal a systemic vulnerability of transpor-
tation service or infrastructure, such information
may be disclosed only to—
‘‘(i) a person responsible for the secu-
rity of the transportation service or infra-
structure;
‘‘(ii) a person responsible for pro-
tecting public safety; or
‘‘(iii) an officer, employee, or agent of
the Federal Government, or a State or local
government, who, as determined by the Ad-
ministrator, has need for such information
in the performance of official duties.
‘‘(B) TREATMENT
OF
RELEASE.—The re-
lease of information under subparagraph (A)
shall not be treated as a release to the public for
purposes of section 552 of title 5.’’.
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SEC. 7362. MAILABILITY OF HAZARDOUS MATERIALS.
(a) NONMAILABILITY GENERALLY.—Section 3001 of
title 39, United States Code, is amended—
(1) by redesignating subsection (n) as subsection
(o); and
(2) by inserting after subsection (m) the fol-
lowing:
‘‘(n)(1) Except as otherwise authorized by law or regu-
lations of the Postal Service under section 3018 of this title,
hazardous material is nonmailable.
‘‘(2) In this subsection, the term ‘hazardous material’
means a substance or material designated by the Secretary
of Transportation as hazardous material under section
5103(a) of title 49.’’.
(b) MAILABILITY.—
(1) IN GENERAL.—Chapter 30 of title 39, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 3018. Hazardous material
‘‘(a) IN GENERAL.—The Postal Service shall prescribe
regulations for the safe transportation of hazardous mate-
rial in the mails.
‘‘(b) PROHIBITIONS.—No person may—
‘‘(1) mail or cause to be mailed hazardous mate-
rial that has been declared by statute or Postal Serv-
ice regulation to be nonmailable;
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‘‘(2) mail or cause to be mailed hazardous mate-
rial in violation of any statute or Postal Service reg-
ulation restricting the time, place, or manner in
which hazardous material may be mailed; or
‘‘(3) manufacture, distribute, or sell any con-
tainer, packaging kit, or similar device that—
‘‘(A) is represented, marked, certified, or
sold by such person for use in the mailing of
hazardous material; and
‘‘(B) fails to conform with any statute or
Postal Service regulation setting forth standards
for a container, packaging kit, or similar device
used for the mailing of hazardous material.
‘‘(c) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—A person who knowingly vio-
lates this section or a regulation prescribed under this
section shall be liable to the Postal Service for—
‘‘(A) a civil penalty of at least $250, but
not more than $100,000, for each violation;
‘‘(B) the costs of any clean-up associated
with such violation; and
‘‘(C) damages.
‘‘(2) KNOWING
ACTION.—A person acts know-
ingly for purposes of paragraph (1) when—
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‘‘(A) the person has actual knowledge of the
facts giving rise to the violation; or
‘‘(B) a reasonable person acting in the cir-
cumstances and exercising reasonable care would
have had that knowledge.
‘‘(3) KNOWLEDGE OF STATUTE OR REGULATION
NOT ELEMENT OF OFFENSE.—Knowledge of the exist-
ence of a statutory provision or Postal Service regula-
tion is not an element of an offense under this sub-
section.
‘‘(4) SEPARATE VIOLATIONS.—
‘‘(A) VIOLATIONS OVER TIME.—A separate
violation under this subsection occurs for each
day hazardous material, mailed or cause to be
mailed in noncompliance with this section, is in
the mail.
‘‘(B) SEPARATE ITEMS.—A separate viola-
tion under this subsection occurs for each item
containing hazardous material that is mailed or
caused to be mailed in noncompliance with this
section.
‘‘(d) HEARINGS.—The Postal Service may determine
that a person has violated this section or a regulation pre-
scribed under this section only after notice and an oppor-
tunity for a hearing.
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‘‘(e) PENALTY CONSIDERATIONS.—In determining the
amount of a civil penalty for a violation of this section,
the Postal Service shall consider—
‘‘(1) the nature, circumstances, extent, and grav-
ity of the violation;
‘‘(2) with respect to the person who committed
the violation, the degree of culpability, any history of
prior violations, the ability to pay, and any effect on
the ability to continue in business;
‘‘(3) the impact on Postal Service operations;
and
‘‘(4) any other matters that justice requires.
‘‘(f) CIVIL ACTIONS TO COLLECT.—
‘‘(1) IN GENERAL.—In accordance with section
4409(d) of this title, a civil action may be commenced
in an appropriate district court of the United States
to collect a civil penalty, clean-up costs, and damages
assessed under subsection (c).
‘‘(2) LIMITATION.—In a civil action under para-
graph (1), the validity, amount, and appropriateness
of the civil penalty, clean-up costs, and damages cov-
ered by the civil action shall not be subject to review.
‘‘(3) COMPROMISE.—The Postal Service may
compromise the amount a civil penalty, clean-up
costs, and damages assessed under subsection (c) be-