Page:United States Statutes at Large Volume 104 Part 4.djvu/943

 PUBLIC LAW 101-615—NOV. 16, 1990 104 STAT. 3259 SEC. 9. EXEMPTIONS. Section 107(a) (49 U.S.C. App. 1806(a)) is amended by striking "or renewal" in the fourth sentence. SEC. 10. DEFINITION OF CERTAIN MATERIALS. The second sentence of section 108(b) (49 U.S.C. App. 18070))) is amended to read as follows: "The term does not include any material which the Secretary determines is of such low order of radioactivity that when transported does not pose a significant hazard to health or safety.". SEC. 11. SECRETARY'S POWERS. Section 109(d)(l)(C) (49 U.S.C. App. 1808(d)(l)(C)) is amended by striking "recommend" and inserting "take". SEC. 12. PENALTIES. (a) CIVIL PENALTIES. — Section 110(a) (49 App. U.S.C. 1809(a)) is amended— (1) in paragraph (1)— (A) by striking "(except an employee who acts without knowledge)" in the first sentence; (B) by striking "title or of a" in the first sentence and inserting "title, an order, or"; (C) by inserting "order or" after "violation of any" in each of the second and third sentences; and (D) by striking "$10,000" in each of the second and third sentences and inserting "$25,000 and not less than $250"; and (2) by adding at the end the following: "(3) ACTING KNOWINGLY. —For purposes of this section, a person shall be considered to have acted knowingly if— "(A) such person has actual knowledge of the facts giving rise to the violation, or "(B) a reasonable person acting in the circumstances and exercising due care would have such knowledge.", flt)) CRIMINAL PENALTIES. —Subsection (b) of section 110 (49 App. U.S.C. 1809) is amended to read as follows: "(b) CRIMINAL.— A person who knowingly violates section 105(f) of this title or willfully violates a provision of this title or an order or regulation issued under this title shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both.". SEC. 13. RELATIONSHIP TO OTHER LAWS. Section 112 (49 U.S.C. App. 1811) is amended to read as follows: "SEC. 112. RELATIONSHIP TO OTHER LAWS. Inter- "(a) IN GENERAL.— Except as provided in subsection (d) and unless. relSTMM^" otherwise authorized by Federal law, any requirement of a State or Indians, political subdivision thereof or Indian tribe is preempted if— "(1) compliance with both the State or political subdivision or Indian tribe requirement and any requirement of this title or of a regulation issued under this title is not possible, "(2) the State or political subdivision or Indian tribe requirement as applied or enforced creates an obstacle to the accomplishment and execution of this title or the regulations issued under this title, or

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