ADMINISTRATIVE AUTHORITY.

SEC. 7118. ADMINISTRATIVE AUTHORITY.(a) General Authority.—Section 5121(a) is amended—119 STAT. 1903(1) in the first sentence by inserting “conduct tests,” after “investigate,”;(2) in the second sentence by striking “After” and inserting “Except as provided in subsections (c) and (d), after”; and(3) by striking “regulation prescribed” and inserting “regulation prescribed, or an order, special permit, or approval issued,”.(b) Records, Reports, and Information.—Section 5121(b) is amended—(1) in paragraph (1) by inserting “and property” after “records”; and(2) in paragraph (2)—(A) by inserting “property,” after “records,”;(B) by inserting “for inspection” after “available”; and(C) by striking “requests” and inserting “undertakes an investigation or makes a request”.(c) Enhanced Authority to Discover Hidden Shipments of Hazardous Material.—Section 5121(c) is amended to read as follows:“(c) Inspections and Investigations.—“(1) In general.—A designated officer, employee, or agent of the Secretary—“(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1);“(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;“(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which—“(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and“(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e);“(D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package;“(E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; and“(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection.119 STAT. 1904“(2) Display of credentials.—An officer, employee, or agent acting under this subsection shall display proper credentials when requested.“(3) Safe resumption of transportation.—In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist—“(A) in the safe and prompt resumption of transportation of the package concerned; or“(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.”.(d) Emergency Authority for Hazardous Material Transportation.—Section 5121 is amended—(1) by redesignating subsections (d) and (e) as subsections (f) and (h), respectively; and(2) by inserting after subsection (c) the following:“(d) Emergency Orders.—“(1) In general.—If, upon inspection, investigation, testing, or research, the Secretary determines that a violation of a provision of this chapter, or a regulation prescribed under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue or impose emergency restrictions, prohibitions, recalls, or out-of-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard.“(2) Written orders.—The action of the Secretary under paragraph (1) shall be in a written emergency order that—“(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;“(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and“(C) describes the standards and procedures for obtaining relief from the order.“(3) Opportunity for review.—After taking action under paragraph (1), 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 date of issuance of the order for the action.“(4) Expiration of effectiveness of order.—If a petition for review of an action is filed under paragraph (3) 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) Out-of-service order defined.—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.“(e) Regulations.—“(1) Temporary regulations.—Not later than 60 days after the date of enactment of the Hazardous Materials 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”.