PUBLIC LAW 109–59—AUG. 10, 2005
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.
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