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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-