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(B) In subsection (b), by striking ‘‘LIABILITY 
AND DAMAGES’’ and all that follows through ‘‘A car-
rier’’ and substitute ‘‘LIABILITY AND DAMAGES.—
(1) A carrier’’. 
(2) Section 14705(c) is amended by striking 
‘‘14704(b)’’ and substituting ‘‘14704(b)(2)’’. 
(g)(1) Subsection (c)(3) of section 24307 (Special 
transportation) is amended by striking ‘‘Interstate Com-
merce Commission’’ and substituting ‘‘Surface Transpor-
tation Board’’. 
(2) Section 24308 (Use of facilities and providing 
services to Amtrak) is amended by striking ‘‘Interstate 
Commerce Commission’’ and ‘‘Commission’’ each place 
the words appear and substituting ‘‘Surface Transpor-
tation Board’’ and ‘‘Board’’, respectively. 
(3) Section 24311 (Acquiring interests in property by 
eminent domain) is amended by striking ‘‘Interstate Com-
merce Commission’’ and ‘‘Commission’’ each place the 
words appear and substituting ‘‘Surface Transportation 
Board’’ and ‘‘Board’’, respectively. 
(4) Section 24902 (Goals and requirements) is 
amended by striking ‘‘Interstate Commerce Commission’’ 
and ‘‘Commission’’ each place the words appear and sub-
stituting ‘‘Surface Transportation Board’’ and ‘‘Board’’, 
respectively.
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(5) Section 24904 (General authority) is amended by 
striking ‘‘Interstate Commerce Commission’’ and ‘‘Com-
mission’’ each place the words appear and substituting 
‘‘Surface Transportation Board’’ and ‘‘Board’’, respec-
tively. 
Subtitle C—Hazardous Material 
Transportation 
SEC. 7301. DEFINITIONS. 
Section 5102 of title 49, United States Code, is 
amended by revising paragraph (1) to read as follows: 
‘‘(1) ‘commerce’ means trade or transportation 
in the jurisdiction of the United States— 
‘‘(A) between a place in a State and a 
place outside of the State; 
‘‘(B) that affects trade or transportation 
between a place in a State and a place outside 
of the State; or 
‘‘(C) on a United States-registered air-
craft.’’. 
SEC. 7302. REPRESENTATIONS AND TAMPERING WITH HAZ-
ARDOUS MATERIAL PACKAGING. 
Section 5103(b)(1) of title 49, United States Code, 
is amended by revising subparagraph (A) to read as fol-
lows: 
‘‘(A) apply to a person that—
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‘‘(i) transports a hazardous material 
in commerce; 
‘‘(ii) causes a hazardous material to 
be transported in commerce; 
‘‘(iii) manufactures, designs, inspects, 
tests, reconditions, marks, or repairs a 
packaging or packaging component rep-
resented as qualified for use in trans-
porting hazardous material in commerce; 
‘‘(iv) prepares, accepts, or rejects haz-
ardous material for transportation in com-
merce;
‘‘(v) is responsible for the safety of 
transporting hazardous material in com-
merce; 
‘‘(vi) certifies compliance with any re-
quirement issued under this chapter; 
‘‘(vii) misrepresents whether it is en-
gaged in any of the above activities; or 
‘‘(viii) performs any other act or func-
tion relating to the transportation in com-
merce of a hazardous material; and’’.
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SEC. 7303. HAZARDOUS MATERIAL TRANSPORTATION SAFE-
TY AND SECURITY. 
(a) ENHANCED AUTHORITY TO DISCOVER HIDDEN 
SHIPMENTS OF HAZARDOUS MATERIAL.—Section 5121 of 
title 49, United States Code, is amended by revising sub-
section (c) to read as follows: 
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) A designated officer or employee of the 
Secretary may—
‘‘(A) inspect and investigate, at a reason-
able time and in a reasonable way, records and 
property related to a function described in sec-
tion 5103(b)(1) of this chapter; 
‘‘(B) except for the packaging immediately 
adjacent to its hazardous material contents, 
gain access to, open, and examine a package of-
fered for, or in, transportation when the officer 
or employee has an objectively reasonable and 
articulable belief that the package may contain 
a hazardous material; 
‘‘(C) remove from transportation a pack-
age or related packages in a shipment offered 
for or in transportation, and for which such of-
ficer or employee has an objectively reasonable 
and articulable belief that the package or pack-
ages may pose an imminent hazard, and for
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which the officer or employee contempora-
neously documents that belief in accordance 
with procedures established by the Secretary; 
‘‘(D) gather information from the offeror, 
carrier, packaging manufacturer or retester, or 
other person responsible for the package or 
packages, to ascertain the nature and hazards 
of the contents of the package or packages; 
‘‘(E) as necessary, under terms and condi-
tions specified by the Secretary, order the offer-
or, carrier, packaging manufacturer or retester, 
or other person responsible for the package or 
packages to have the package or packages 
transported to, opened and the contents exam-
ined and analyzed at a facility appropriate for 
the conduct of this activity; and 
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel 
to assist in the activities conducted under this 
subsection. 
‘‘(2) An officer or employee acting under this 
subsection shall display proper credentials when re-
quested. 
‘‘(3) For instances when, as a result of the in-
spection or investigation, an imminent hazard is not
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found to exist, the Secretary shall develop proce-
dures to assist in the safe resumption of transpor-
tation of the package or transport unit.’’. 
(b) EMERGENCY AUTHORITY FOR HAZARDOUS MA-
TERIAL TRANSPORTATION.—Section 5121 is amended by 
striking subsection (e), redesignating subsection (d) as 
subsection (e), and adding a new subsection (d) to read 
as follows: 
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) If, upon inspection, investigation, testing, 
or research, the Secretary determines that either a 
violation of a provision of this chapter or a regula-
tion issued under this chapter, or an unsafe condi-
tion or practice, constitutes or is causing an immi-
nent hazard, the Secretary may issue or impose 
emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or the opportunity 
for a hearing, but only to the extent necessary to 
abate the imminent hazard. 
‘‘(2) The Secretary’s action under paragraph 
(1) of this subsection shall be in a written order de-
scribing the violation, condition or practice that is 
causing the imminent hazard, and stating the re-
strictions, prohibitions, recalls, or out-of-service or-
ders issued or imposed. The order also shall describe
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the standards and procedures for obtaining relief 
from the emergency order. 
‘‘(3) After taking action under paragraph (1) of 
this subsection, the Secretary shall provide an oppor-
tunity for review of that action under section 554 of 
title 5, if a petition for review is filed within 20 cal-
endar days after issuance of the order. 
‘‘(4) If a petition for review is filed and the re-
view is not completed by the end of the 30-day pe-
riod beginning on the date the petition was filed, the 
action will cease to be effective at the end of that 
period unless the Secretary determines in writing 
that the emergency situation still exists. 
‘‘(5) For purposes of this subsection, ‘‘out-of-
service order’’ means a mandate that an aircraft, 
vessel, motor vehicle, train, railcar, locomotive, other 
vehicle, transport unit, transport vehicle, freight con-
tainer, portable tank, or other package not be moved 
until specified conditions have been met.’’. 
(c) SECURITY-SENSITIVE
INFORMATION.—Section 
5121 is revised by adding a new subsection (f) to read 
as follows: 
‘‘(f) 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 infor-
mation may be disclosed only—
‘‘(A) to an owner, custodian, offeror or 
carrier of the hazardous material; 
‘‘(B) to an officer, employee or agent of a 
Federal, State, or local government, including a 
volunteer fire department, concerned with car-
rying out transportation safety laws, protecting 
hazardous material during the course of trans-
portation in commerce, protecting public safety, 
or national security issues, or enforcing federal 
laws designed to protect public health or the en-
vironment; or 
‘‘(C) in an administrative or judicial pro-
ceeding brought under this chapter, under other 
federal law designed to protect public health or 
the environment, or one that addresses terrorist 
actions or threats of such actions.
‘‘(2) The Secretary may make a determination 
under subsection (1) of this section with respect to 
a category of information by regulation.
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‘‘(3) A release of information pursuant to a de-
termination under subsection (1) of this section is 
not a release to the public within the meaning of 5 
U.S.C. 552.’’. 
(d) ENHANCEMENTS
TO SECURITY RISK ASSESS-
MENT AND EMERGENCY PREPAREDNESS.—Section 5121 
is amended by inserting the following after subsection (f): 
‘‘(g) 
AUTHORITY
FOR
GRANTS, 
COOPERATIVE 
AGREEMENTS, AND OTHER TRANSACTIONS.— The Sec-
retary may enter into grants, cooperative agreements, and 
other transactions with a person, agency or instrumen-
tality of the United States, a unit of State or local govern-
ment, an Indian tribe, a foreign government (in coordina-
tion with the Department of State), an educational institu-
tion, or other entity to expand the risk assessment and 
emergency response capability with respect to hazardous 
materials security issues and to carry out this chapter.’’. 
(e) CARGO INSPECTION PROGRAM.—The Secretary of 
Transportation may randomly inspect cargo at U.S. Cus-
toms ports of entry in order to determine the extent to 
which undeclared hazardous material is being offered for 
transportation in commerce. Under this program, an offi-
cer or employee of the Secretary may open and inspect 
any cargo shipment at a U.S. Customs port of entry if 
that shipment has been randomly selected for inspection
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by a Department supervisor who is not on site. The De-
partment of Transportation shall ensure that random in-
spections under this program are coordinated in advance 
with the Department of Homeland Security and provide 
for the effective handling and disposition of any violations 
found. The Secretary shall initiate such a program within 
one year after the date of enactment of this Act. 
SEC. 7304. ADMINISTRATIVE AUTHORITY FOR TRANSPOR-
TATION SERVICE AND INFRASTRUCTURE AS-
SURANCE RESEARCH. 
Section 112 of title 49, United States Code, is 
amended by adding the following new subsection to the 
end: 
‘‘(f) ADMINISTRATIVE AUTHORITY.—
‘‘(1) GRANTS, COOPERATIVE AGREEMENTS, AND 
OTHER
TRANSACTIONS.—The Administrator may 
enter into grants, cooperative agreements, and other 
transactions with Federal or other public agencies 
(including State and local governments) and private 
organizations and other persons to conduct research 
into transportation service and infrastructure assur-
ance and to carry out research activities of the Ad-
ministration. 
‘‘(2) 
PROHIBITION
ON
CERTAIN
DISCLO-
SURES.—If the Administrator determines that par-
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ticular information developed in research sponsored 
by the Administration may reveal a systemic vulner-
ability of transportation service or infrastructure, 
the information may be disclosed only to a person 
responsible for the security of the transportation 
service or infrastructure or with protecting public 
safety or to an officer, employee, or agent of a Fed-
eral, State or local government unit whose need for 
the information in the performance of duties is con-
curred in by the Administrator. A release of infor-
mation subject to a determination under this section 
is not a release to the public within the meaning of 
5 U.S.C. 552.’’. 
SEC. 7305. POSTAL SERVICE CIVIL PENALTY AUTHORITY. 
(a) Section 3001 of title 39, United States Code, is 
amended by adding a new subsection (o) as follows: 
‘‘(o)(1) Except as permitted by law and Postal Serv-
ice regulation, hazardous material is nonmailable. 
‘‘(2) For purposes of this section, the term ‘haz-
ardous material’ means a substance or material the Sec-
retary of Transportation designates under section 5103(a) 
of title 49.’’
(b) Chapter 30 of title 39, United States Code, is 
amended by adding a new section 3018 at the end as fol-
lows:
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‘‘§ 3018. Hazardous material; civil penalty 
‘‘(a) REGULATIONS.—The Postal Service shall pre-
scribe regulations for the safe transportation of hazardous 
material in the mail. 
‘‘(b) HAZARDOUS MATERIAL IN THE MAIL.—No per-
son may—
‘‘(1) mail or cause to be mailed a hazardous 
material that has been declared by statute or Postal 
Service regulation to be nonmailable; 
‘‘(2) mail or cause to be mailed a hazardous 
material in violation of any statute or Postal Service 
regulation restricting the time, place, or manner in 
which a 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 a 
hazardous material; and 
‘‘(B) fails to conform with any statute or 
Postal Service regulation setting forth stand-
ards for a container, packaging kit, or similar 
device used for the mailing of a hazardous ma-
terial. 
‘‘(c) CIVIL PENALTY.— 
‘‘(1) A person that knowingly violates this sec-
tion or a regulation issued under this section is lia-
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ble to the Postal Service for a civil penalty of at 
least $250 but not more than $100,000 for each vio-
lation, and for any clean-up costs and damages. 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 cir-
cumstances and exercising reasonable care 
would have that knowledge. 
‘‘(2) Knowledge by the person of the existence 
of a statutory provision, or a regulation or require-
ment prescribed by the Postal Service is not an ele-
ment of an offense under this section. 
‘‘(3) A separate violation occurs for each day a 
hazardous material, mailed or caused to be mailed in 
noncompliance with this section or a regulation 
issued under this section, is in the mail. 
‘‘(4) A separate violation occurs for each item 
containing a hazardous material that is mailed or 
caused to be mailed in noncompliance with this sec-
tion or a regulation issued under this section. 
‘‘(d) HEARING REQUIREMENT.—The Postal Service 
may find that a person has violated this section or a regu-
lation issued under this section only after notice and an 
opportunity for a hearing. Under this section, the Postal
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Service shall impose a penalty and recover clean-up costs 
and damages by giving the person written notice of the 
amount of the penalty, clean-up costs, and damages. 
‘‘(e) PENALTY CONSIDERATIONS.—In determining 
the amount of a civil penalty under this section, the Postal 
Service shall consider—
‘‘(1) the nature, circumstances, extent, and 
gravity 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 operations; and 
‘‘(4) other matters that justice requires. 
‘‘(f) CIVIL ACTIONS TO COLLECT.—
‘‘(1) In accordance with section 409(d) of this 
title, a civil action may be commenced in an appro-
priate district court of the United States to collect 
a civil penalty, clean-up costs, or damages assessed 
under this section. In such action, the validity, 
amount, and appropriateness of the civil penalty, 
clean-up costs, or damages shall not be subject to re-
view. 
‘‘(2) The Postal Service may compromise the 
amount of a civil penalty, clean-up costs, or damages
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assessed under this section before civil action is 
taken to collect the penalty, costs, or damages. 
‘‘(g) CIVIL JUDICIAL PENALTIES.—At the request of 
the Postal Service, the Attorney General may bring a civil 
action in an appropriate district court of the United States 
to enforce this chapter or a regulation prescribed or order 
issued under this chapter. The court may award appro-
priate relief, including a temporary or permanent injunc-
tion, punitive damages, and assessment of civil penalties 
considering the same penalty amounts and factors as pre-
scribed for the Postal Service in an administrative case 
under this section. 
‘‘(h) DEPOSITING AMOUNTS COLLECTED.—Amounts 
collected under this section shall be paid into the Postal 
Service Fund established by section 2003 of this title.’’. 
(c) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 30 of title 39, United States Code, is 
amended by adding the following:
‘‘3018. Hazardous material; civil penalty.’’.
SEC. 7306. REGISTRATION. 
(a) IN GENERAL.—Section 5108 of title 49, United 
States Code, is amended—
(1) by striking ‘‘class A or B explosive’’ in sub-
section (a)(1)(B) and inserting ‘‘Division 1.1, 1.2, or 
1.3 explosive material’’; and
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(2) by revising subsection (a)(2)(B) to read as 
follows: 
‘‘(B) a person manufacturing, designing, 
inspecting, testing, reconditioning, marking, or 
repairing a packaging or packaging component 
represented as qualified for use in transporting 
a hazardous material in commerce.’’. 
(b) CLARIFICATION OF TITLE 18 EXEMPTION.—Sec-
tion 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 regu-
lated by the Department of Transportation or the 
Department of Homeland Security;’’. 
SEC. 7307. SHIPPING PAPER RETENTION. 
Section 5110 of title 49, United States Code, is 
amended—
(1) in subsection (a), by striking ‘‘under sub-
section (b) of this section’’ and inserting ‘‘by regula-
tion’’; 
(2) by striking subsection (b) and redesignating 
subsections (c)–(e) as subsections (b)–(d); and 
(3) by revising the first sentence in subsection 
(d), as redesignated, to read as follows: ‘‘The person
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that provided the shipping paper and the carrier re-
quired to keep it under this section shall retain the 
paper, or an electronic image of it, for a period of 
3 years after the shipping paper was provided to the 
carrier, to be accessible through their respective 
principal places of business.’’. 
SEC. 7308. PLANNING AND TRAINING GRANTS. 
(a) Section 5116 of title 49, United States Code, is 
amended—
(1) in the second sentence of subsection (e), by 
striking ‘‘of the State or tribe under subsections 
(a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘received by 
the State or tribe under subsections (a)(1) and 
(b)(1)’’; 
(2) revising subsection (f) to read as follows: 
‘‘(f) MONITORING AND TECHNICAL ASSISTANCE.—
The Secretary of Transportation shall monitor public-sec-
tor emergency response planning and training for an acci-
dent or incident involving hazardous material. Considering 
the results of the monitoring, the Secretary shall provide 
technical assistance to a State, political subdivision of a 
State, or Indian tribe for carrying out emergency response 
training and planning for an accident or incident involving 
hazardous material and shall coordinate the assistance 
using the existing coordinating mechanisms of the Na-
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tional Response Team and, for radioactive material, the 
Federal Radiological Preparedness Coordinating Com-
mittee.’’; 
(3) in subsection (g), by striking ‘‘Government 
grant’’ and inserting ‘‘Federal financial assistance’’; 
(4) by revising subsection (i) to read as follows: 
‘‘(i) EMERGENCY PREPAREDNESS FUND.—The Sec-
retary of the Treasury shall establish an Emergency Pre-
paredness Fund account in the Treasury into which the 
Secretary of the Treasury shall deposit amounts the Sec-
retary of Transportation transfers to the Secretary of the 
Treasury under section 5108(g)(2)(C) of this title. With-
out further appropriation, amounts in the account are 
available—
‘‘(1) to make grants under this section; 
‘‘(2) to monitor and provide technical assistance 
under subsection (f) of this section; 
‘‘(3) to publish and distribute the Emergency 
Response Guidebook; and 
‘‘(4) to pay administrative costs of carrying out 
this section and sections 5108(g)(2) and 5115 of 
this title, except that not more than 10 percent of 
the amounts made available from the account in a 
fiscal year to carry out these sections may be used 
to pay those costs.’’; and
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(5) by striking subsection (k).
(b) Chapter 51 is amended by—
(1) revising the section heading for section 
5116 to read ‘‘Planning and training grants; emer-
gency preparedness fund’’; and 
(2) striking the item for section 5116 in the 
analysis of the chapter and inserting ‘‘5116. Plan-
ning and training grants; emergency preparedness 
fund.’’. 
SEC. 7309. ENFORCEMENT. 
Section 5122 of title 49, United States Code, is 
amended—
(1) in subsection (a), by revising the last sen-
tence to read as follows: ‘‘The court may award ap-
propriate 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 admin-
istrative case under section 5123 of this chapter.’’; 
and 
(2) in subparagraph (b)(1)(B), by striking ‘‘or 
ameliorate the’’ and inserting ‘‘or mitigate the’’. 
SEC. 7310. PENALTIES. 
(a) Section 5123 of title 49, United States Code, is 
amended—