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(C) in subparagraph (2), striking ‘‘after
November 16, 1990’’;
(4) by striking subsection (f) and redesignating
subsections (g), (d), and (e) as subsections (e), (f),
and (g);
(5) in subsection (f), as redesignated, by strik-
ing ‘‘subsection (a), (b)(1), or (c) of this section’’
and inserting ‘‘subsection (b), (c)(1), (d), or (e) of
this section or subsection 5119(b) of this chapter.’’,
and by striking ‘‘in the Federal Register’’;
(6) in subsection (g), as redesignated, by strik-
ing ‘‘subsection (a), (b)(1), or (c) of this section’’
and inserting ‘‘subsection (b), (c)(1), (d), or (e) of
this section or subsection 5119(b) of this chapter.’’;
(7) by adding new subsections (h) and (i) to
read as follows:
‘‘(h) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Each preemption standard in subsections (b),
(c)(1), (d), and (e) of this section and in section 5119(b)
of this chapter is independent in its application to a re-
quirement of any State, political subdivision of a State,
or Indian tribe.
‘‘(i) NONFEDERAL ENFORCEMENT STANDARDS.—
This section does not apply to procedure, penalty, or re-
quired mental state or other standard used by a State,
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political subdivision of a State, or Indian tribe to enforce
a requirement applicable to transportation of a hazardous
material.’’.
SEC. 23. RELATIONSHIP TO OTHER LAWS.
Section 5126 is amended—
(1) by revising subsection (a) to read as follows:
‘‘(a) CONTRACTS.—A person under contract with a
department, agency, or instrumentality of the United
States Government that transports hazardous material or
causes hazardous material to be transported, or manufac-
tures, designs, inspects, tests, reconditions, marks, or re-
pairs a packaging or packaging component represented as
qualified for use in transporting hazardous material in
commerce shall comply with this chapter, regulations pre-
scribed and orders issued under this chapter, and all other
requirements of the United States Government, State and
local governments, and Indian tribes (except a require-
ment preempted by a law of the United States) in the
same way and to the same extent that any person engag-
ing in that transportation, manufacturing, designing, in-
specting, testing, reconditioning, marking, or repairing
that is in or affects commerce must comply with the provi-
sion, regulation, order, or requirement.’’.
(2) in subsection (b), by—
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(A) striking ‘‘title 18 or 39;’’ and inserting
‘‘title 18 or 39; or’’ in paragraph (2); and
(B) adding a new paragraph (3) to read as
follows:
‘‘(3) marine transportation of hazardous mate-
rial subject to regulation under title 33 or 46.’’.
SEC. 24. JUDICIAL REVIEW.
(a) Chapter 51 is amended by redesignating section
5127 as section 5128, and by inserting after section 5126
the following new section:
‘‘§ 5127. Judicial review
‘‘(a) FILING AND VENUE.—Except as provided in
section 20114(c) of this title, a person suffering legal
wrong or adversely affected or aggrieved by a final action
of the Secretary of Transportation under this chapter may
petition for review of the final action in the United States
Court of Appeals for the District of Columbia or in the
court of appeals for the United States for the circuit in
which the person resides or has its principal place of busi-
ness. The petition must be filed not more than 60 days
after the Secretary’s action becomes final.
‘‘(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a) of this section, the clerk of the
court immediately shall send a copy of the petition to the
Secretary. The Secretary shall file with the court a record
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of any proceeding in which the final action was issued,
as provided in section 2112 of title 28.
‘‘(c) AUTHORITY OF COURT.—The court has exclu-
sive jurisdiction, as provided in the Administrative Proce-
dure Act, 5 U.S.C. 551 et seq., to affirm, amend, modify,
or set aside any part of the Secretary’s final action and
may order the Secretary to conduct further proceedings.
Findings of fact by the Secretary, if supported by substan-
tial evidence, are conclusive.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final action under this section, the court may
consider an objection to a final action of the Secretary
only if the objection was made in the course of a pro-
ceeding or review conducted by the Secretary or if there
was a reasonable ground for not making the objection in
the proceeding.’’;
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 51 is amended by striking the item related
to section 5127 and inserting the following:
‘‘5127. Judicial review.
‘‘5128. Authorization of appropriations.’’.
SEC. 25. AUTHORIZATION OF APPROPRIATIONS.
Section 5128, as redesignated by section 24 of this
Act, is amended to read as follows:
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‘‘§ 5128. Authorization of appropriations
‘‘(a) GENERAL.—To carry out this chapter (except
sections 5107(e), 5108(g), 5112, 5113, 5115, 5116 and
5119), not more than $21,217,000 is authorized to be ap-
propriated to the Secretary of Transportation for fiscal
year 2002; and such sums as may be necessary are author-
ized to be appropriated to the Secretary for fiscal years
2003 through 2007.
‘‘(b) EMERGENCY PREPAREDNESS FUND.—There
shall be available from the Emergency Preparedness Fund
account the following:
‘‘(1) To carry out section 5116(j) of this title,
$250,000 shall be available to the Secretary for fis-
cal year 2002, and such amounts as may be nec-
essary for fiscal years 2003 through 2007.
‘‘(2) To carry out section 5115 of this title,
$200,000 shall be available to the Secretary for fis-
cal year 2002, and such amounts as may be nec-
essary for fiscal years 2003 through 2007.
‘‘(3) To carry out section 5116(a) of this title,
$5,000,000 shall be available to the Secretary for
fiscal year 2002, and such amounts as may be nec-
essary for fiscal years 2003 through 2007.
‘‘(4) To carry out section 5116(b) of this title,
$7,800,000 shall be available to the Secretary for
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fiscal year 2002, and such amounts as may be nec-
essary for fiscal years 2003 through 2007.
‘‘(5) To carry out section 5116(f) of this title,
$150,000 shall be available to the Secretary for fis-
cal year 2002, and such amounts as may be nec-
essary for fiscal years 2003 through 2007.
‘‘(6) To publish and distribute the Emergency
Response Guidebook, $500,000 shall be available to
the Secretary for fiscal year 2002, and such
amounts as may be necessary for fiscal years 2003
through 2007.
‘‘(7) To carry out section 5107(e) of this title,
such amounts as may be necessary are authorized to
be appropriated to the Secretary for each of fiscal
years 2002 through 2007.
‘‘(8) To carry out section 5116(i)(4) of this
title, $400,000 shall be available to the Secretary for
fiscal year 2002, and such amounts as may be nec-
essary for fiscal years 2003 through 2007.
‘‘(c) CREDITS TO APPROPRIATIONS.—The Secretary
of Transportation may credit to any appropriation to carry
out this chapter an amount received from a State, Indian
tribe, or other public authority or private entity for ex-
penses the Secretary incurs in providing training to the
State, authority, or entity.
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‘‘(d) AVAILABILITY OF AMOUNTS.—Amounts avail-
able under this section remain available until expended.’’.
SEC. 26. 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:
‘‘§ 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
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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—
‘‘(i) is represented, marked, certified, or
sold by such person for use in the mailing of a
hazardous material; and
‘‘(ii) 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-
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.
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‘‘(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
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;
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‘‘(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 accord-
ance with section 409(d) of this title, the Department of
Justice or the Postal Service may commence a civil action
in an appropriate 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 review.
‘‘(2) The Postal Service may compromise the amount
of a civil penalty, clean-up costs, or damages 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 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
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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.’’.
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