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(g) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 5402(p)(3) of title 39, United States Code, is 
amended 
by 
striking 
‘‘(g)(1)(D)’’ 
and 
inserting 
‘‘(g)(1)(A)(iv)’’. 
(h) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), this section shall take effect on the 
date of enactment of this Act. 
(2) EQUITABLE TENDER.—Subsection (c) shall 
take effect on December 1, 2006. 
SEC. 1006. DATE OF POSTMARK TO BE TREATED AS DATE 
OF APPEAL IN CONNECTION WITH THE CLOS-
ING OR CONSOLIDATION OF POST OFFICES. 
(a) IN GENERAL.—Section 404(b) of title 39, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(6) For purposes of paragraph (5), any appeal re-
ceived by the Commission shall— 
‘‘(A) if sent to the Commission through the 
mails, be considered to have been received on the 
date of the Postal Service postmark on the envelope 
or other cover in which such appeal is mailed; or 
‘‘(B) if otherwise lawfully delivered to the Com-
mission, be considered to have been received on the 
date determined based on any appropriate docu-
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mentation or other indicia (as determined under reg-
ulations of the Commission).’’. 
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to any 
determination to close or consolidate a post office which 
is first made available, in accordance with paragraph (3) 
of section 404(b) of title 39, United States Code, after 
the end of the 3-month period beginning on the date of 
the enactment of this Act. 
SEC. 1007. PROVISIONS RELATING TO BENEFITS UNDER 
CHAPTER 81 OF TITLE 5, UNITED STATES 
CODE, FOR OFFICERS AND EMPLOYEES OF 
THE FORMER POST OFFICE DEPARTMENT. 
(a) IN GENERAL.—Section 8 of the Postal Reorga-
nization Act (39 U.S.C. 1001 note) is amended by insert-
ing ‘‘(a)’’ after ‘‘8.’’ and by adding at the end the fol-
lowing: 
‘‘(b) For purposes of chapter 81 of title 5, United 
States Code, the Postal Service shall, with respect to any 
individual receiving benefits under such chapter as an offi-
cer or employee of the former Post Office Department, 
have the same authorities and responsibilities as it has 
with respect to an officer or employee of the Postal Service 
receiving such benefits.’’. 
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(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall be effective as of the first 
day of the fiscal year in which this Act is enacted. 
SEC. 1008. HAZARDOUS MATTER. 
(a) NONMAILABILITY GENERALLY.—Section 3001 of 
title 39, United States Code, is amended— 
(1) by redesignating subsection (n) as sub-
section (o); and 
(2) by inserting after subsection (m) the fol-
lowing: 
‘‘(n)(1) Except as otherwise authorized by law or reg-
ulations of the Postal Service, hazardous material is non-
mailable. 
‘‘(2) In this subsection, the term ‘hazardous material’ 
means a substance or material designated by the Secretary 
of Transportation under section 5103(a) of title 49.’’. 
(b) MAILABILITY.—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 pre-
scribe regulations for the safe transportation of hazardous 
material in the mail. 
‘‘(b) PROHIBITIONS.—No person may— 
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‘‘(1) mail or cause to be mailed hazardous ma-
terial that has been declared by statute or Postal 
Service regulation to be nonmailable; 
‘‘(2) mail or cause to be mailed hazardous ma-
terial in violation of any statute or Postal Service 
regulation 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 stand-
ards for a container, packaging kit, or similar 
device used for the mailing of hazardous mate-
rial. 
‘‘(c) CIVIL PENALTY; CLEAN-UP COSTS AND DAM-
AGES.— 
‘‘(1) IN GENERAL.—A person who knowingly 
violates this section or a regulation prescribed under 
this section shall be liable for— 
‘‘(A) a civil penalty of at least $250, but 
not more than $100,000, for each violation; 
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‘‘(B) the costs of any clean-up associated 
with each violation; and 
‘‘(C) damages. 
‘‘(2) KNOWING ACTION.—A person acts know-
ingly for purposes of paragraph (1) 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 had that knowledge. 
‘‘(3) SEPARATE VIOLATIONS.— 
‘‘(A) VIOLATIONS OVER TIME.—A separate 
violation under this subsection occurs for each 
day hazardous material, mailed or caused 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-
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tunity for a hearing. Proceedings under this section shall 
be conducted in accordance with section 3001(m). 
‘‘(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 
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 Service operations; 
and 
‘‘(4) any other matters that justice requires. 
‘‘(f) CIVIL ACTIONS TO COLLECT.— 
‘‘(1) IN GENERAL.—In accordance with section 
409(d), a civil action may be commenced in an ap-
propriate district court of the United States to col-
lect a civil penalty, clean-up costs, and damages as-
sessed under subsection (c). 
‘‘(2) COMPROMISE.—The Postal Service may 
compromise the amount of a civil penalty, clean-up 
costs, and damages assessed under subsection (c) be-
fore commencing a civil action with respect to such 
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