[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3276 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3276
To authorize appropriations for hazardous material transportation
safety, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 2001
Mr. Young of Alaska (for himself and Mr. Oberstar) (both by request):
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize appropriations for hazardous material transportation
safety, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE: AMENDMENT OF TITLE 49, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hazardous Material
Transportation Safety Reauthorization Act of 2001''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section of
other provision, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
(c) Table of Contents.--
Sec. 1. Short title; amendment of title 49, United States Code; table
of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. General regulatory authority.
Sec. 5. Representation and tampering.
Sec. 6. Highly radioactive material.
Sec. 7. Handling criteria.
Sec. 8. Hazmat employee training requirements and grants.
Sec. 9. Registration.
Sec. 10. Motor carrier safety.
Sec. 11. Shipping paper retention.
Sec. 12. Rail tank cars.
Sec. 13. Unsatisfactory safety rating.
Sec. 14. Public sector training curriculum.
Sec. 15. Planning and training grants.
Sec. 16. Special permits and exclusions.
Sec. 17. Inspectors.
Sec. 18. Uniform forms and procedures.
Sec. 19. Administrative.
Sec. 20. Enforcement.
Sec. 21. Penalties.
Sec. 22. Preemption.
Sec. 23. Relationship to other laws.
Sec. 24. Judicial review.
Sec. 25. Authorization of appropriations.
Sec. 26. Postal service civil penalty authority.
SEC. 2. PURPOSE.
Section 5101 is revised to read as follows:
``Sec. 5101. Purpose
``The purpose of this chapter is to protect against the
risks to life, property, and the environment that are inherent
in the transportation of hazardous material in intrastate,
interstate, and foreign commerce.''.
SEC. 3. DEFINITIONS.
Section 5102 is amended--
(1) by revising paragraph (1) to read as follows:
``(1) `commerce' means trade or transportation in the
jurisdiction of the United States--
``(A) between a place in a State and a place
outside of the State;
``(B) that affects trade or transportation between
a place in a State and a place outside of the State; or
``(C) on a United States-registered aircraft.'';
(2) by revising paragraphs (3) and (4) to read as follows:
``(3) `hazmat employee' means an individual who--
``(A)(i) is employed or used by a hazmat employer;
or
``(ii) is self-employed, including an owner-
operator of a motor vehicle, vessel, or aircraft
transporting hazardous material in commerce; and
``(B) performs a function regulated by the
Secretary under section 5103(b)(1) of this chapter.''
``(4) `hazmat employer' means a person that--
``(A)(i) has atleast one hazmat employee; or
``(ii) is self-employed, including an owner-
operator of a motor vehicle, vessel, or aircraft
transporting hazardous material in commerce; and
``(B) performs, or employs or uses at least one
hazmat employee to perform, a function regulated by the
Secretary under section 5103(b)(1) of this chapter.'';
(3) in paragraph (5), by striking ``condition that
presents'' and inserting ``condition related to a hazardous
material that presents'';
(4) in paragraph (7), by striking ``title'' and inserting
``title, except a freight forwarder is included only if
performing a function related to highway transportation'';
(5) in paragraph (8), by striking ``national response
team'' each place it appears and inserting ``National Response
Team,'' and by striking ``national contingency plan'' and
inserting ``National Contingency Plan''; and
(6) in paragraph (9), by revising subparagraph (A) to read
as follows:
``(A) includes a government, Indian tribe, or
authority of a government or tribe offering hazardous
material for transportation in commerce, transporting
hazardous material to further a commercial enterprise,
or manufacturing, designing, inspecting, testing,
reconditioning, marking, or repairing a packaging or
packaging component represented as qualified for use in
transporting hazardous material in commerce; but''.
SEC. 4. GENERAL REGULATORY AUTHORITY.
Section 5103 is amended--
(1) by revising subsection (a) to read as follows:
``(a) Designating Material as Hazardous.--The Secretary of
Transportation shall designate material (including an explosive;
radioactive material; infectious substance; flammable or combustible
liquid, solid or gas; toxic, oxidizing or corrosive material; and
compressed gas) or a group or class of material as hazardous when the
Secretary determines that transporting the material in commerce in a
particular amount and form may pose an unreasonable risk to health and
safety or property.''; and
(2) in subsection (b)(1), by revising subparagraph (A) to
read as follows:
``(A) apply to a person that--
``(i) transports a hazardous material in
commerce;
``(ii) causes a hazardous material to be
transported in commerce;
``(iii) manufactures, designs, inspects,
tests, reconditions, marks or repairs a
packaging or packaging component represented as
qualified for use in transporting hazardous
material in commerce;
``(iv) prepares, accepts, or rejects
hazardous material for transportation in
commerce;
``(v) is responsible for the safety of
transporting hazardous material in commerce;
``(vi) certifies compliance with any
requirement issued under this chapter; or
``(vii) misrepresents whether it is engaged
in any of the above activities; and''.
SEC. 5. REPRESENTATION AND TAMPERING.
Section 5104 is amended--
(1) in subsection (a), by striking ``A person'' and
inserting ``No person'';
(2) by revising subsection (a)(1) to read as follows:
``(1) a package, component of a package, or packaging for
transporting hazardous material is safe, certified, or complies
with this chapter if it does not conform to each applicable
regulation prescribed under this chapter; or'';
(3) in paragraph (a)(2), by striking ``only if'' and
inserting ``unless''; and
(4) by revising subsection (b) to read as follows:
``(b) Tampering.--No person may, without authorization from the
owner or custodian, alter, remove, destroy, or tamper with--
``(1) a marking, label, placard, or description on a
document required under this chapter or a regulation prescribed
under this chapter; or
``(2) a package, container, motor vehicle, rail freight
car, aircraft, or vessel used to transport hazardous
material.''.
SEC. 6. HIGHLY RADIOACTIVE MATERIAL.
Section 5105 is amended by striking subsections (d) and (e).
SEC. 7. HANDLING CRITERIA.
Chapter 51 is amended by striking section 5106 and striking the
corresponding item in the analysis of chapter 51.
SEC. 8. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND GRANTS.
(a) Section 5107 is amended by--
(1) striking ``or duplicate'' in subsection (d);
(2) striking ``section 5127(c)(3)'' in subsection (e) and
inserting ``section 5128''; and
(3) striking ``and sections 5106, 5108(a)-(g)(1) and (h),
and 5109 of this title'' in subsection (f)(2).
(b) Notwithstanding section 4(b)(1) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653(b)(1), an action of the Secretary of
Transportation under chapter 51 of title 49, United States Code, does
not preclude the Secretary of Labor from prescribing or enforcing
standards, regulations or requirements regarding--
(1) hazardous materials employee training, or
(2) the occupational safety or health protection of
employees responding to a release of hazardous materials.
SEC. 9. REGISTRATION.
Section 5108 is amended--
(1) by striking ``class A or B explosive'' in subsection
(a)(1)(B) and inserting ``Division 1.1, 1.2, or 1.3 explosive
material'';
(2) by revising subsection (a)(2)(B) to read as follows:
``(B) a person manufacturing, designing,
inspecting, testing, reconditioning, marking, or
repairing a packaging or packaging component
represented as qualified for use in transporting a
hazardous material in commerce.'';
(3) by revising subsection (b)(1)(C) to read as follows:
``(C) each State in which the person carries out
any of the activities.'';
(4) by revising subsection (c) to read as follows:
``(c) Filing Schedule.--Each person required to file a registration
statement under subsection (a) of this section shall file that
statement in accordance with regulations issued by the Secretary.'';
(5) in subsection (g)(1), by striking ``may'' and inserting
``shall''; and
(6) in subsection (i)(2)(B), by striking ``State,'' and
inserting ``State, Indian tribe,''.
SEC. 10. MOTOR CARRIER SAFETY.
Chapter 51 is amended by striking section 5109 and striking the
corresponding item in the analysis of chapter 51.
SEC. 11. SHIPPING PAPER RETENTION.
Section 5110 is amended--
(1) in subsection (a), by striking ``under subsection (b)
of this section'' and inserting ``by regulation'';
(2) by striking subsection (b) and redesignating
subsections (c)-(e) as subsections (b)-(d); and
(3) by revising the first sentence in subsection (d), as
redesignated, to read as follows: ``The person that provided
the shipping paper and the carrier required to keep it under
this section shall retain the paper, or an electronic image of
it, for a period of 3 years after the shipping paper was
provided to the carrier, to be accessible through their
respective principal places of business.''.
SEC. 12. RAIL TANK CARS.
Chapter 51 is amended by striking section 5111 and by striking the
corresponding item in the analysis of chapter 51.
SEC. 13. UNSATISFACTORY SAFETY RATING.
(a) Section 5113 is amended by insertion of the following text: ``A
violation of section 31144(c)(3) of this title shall be considered a
violation of this chapter and shall be subject to the penalties in
sections 5123 and 5124 of this chapter.''.
(b) Section 31144(c) is amended--
(1) in paragraph (1), by striking ``sections 521(b)(5)(A)
and 5113'' and inserting ``section 521(b)(5)(A)''; and
(2) in paragraph (3), by striking ``interstate commerce''
and inserting ``commerce''; and
(3) by adding at the end of paragraph (3) the following:
``A violation of this paragraph by an owner or operator
transporting hazardous material shall be considered a violation
of chapter 51 of this title, and shall be subject to the
penalties in sections 5123 and 5124 of this chapter.''.
(c) Section 31144 is amended by striking the subsection designation
``(c)'' at the beginning of the last subsection and inserting ``(f)''.
SEC. 14. PUBLIC SECTOR TRAINING CURRICULUM.
Section 5115 is amended--
(1) in subsection (a), by--
(A) striking ``Development and Updating.--Not later
than November 16, 1992, in'' and inserting ``General.--
In'';
(B) striking ``national response team'' and
inserting ``National Response Team'' in the first
sentence;
(C) striking ``develop and update periodically a''
in the first sentence and inserting ``maintain a
current''; and
(D) striking the second sentence;
(2) in subsection (b), by--
(A) striking ``developed'' and inserting
``maintained'' in the first sentence, and
(B) in paragraph (i)(C), by striking ``under other
United States Government grant programs, including
those developed with grants made under section 126(g)
of the Superfund Amendments and Reauthorization Act of
1986 (42 U.S.C. 9660a)'' and inserting ``with Federal
financial assistance'';
(3) in subsection (c)(3), by striking ``the National Fire
Protection Association'' and inserting ``the National Fire
Protection Association and such other voluntary consensus
standard-setting organizations as the Secretary deems
appropriate''; and
(4) by revising subsection (d) to read as follows:
``(d) Distribution and Publication.--With the National Response
Team, the Secretary of Transportation may publish and distribute a list
of courses developed under this section and of programs using any of
those courses.''.
SEC. 15 PLANNING AND TRAINING GRANTS.
(a) Section 5116 is amended--
(1) in the second sentence of subsection (e), by striking
``of the State or tribe under subsections (a)(2)(A) and
(b)(2)(A)'' and inserting ``received by the State or tribe
under subsections (a)(1) and (b)(1)'';
(2) revising subsection (f)( to read as follows:
``(f) Monitoring and Technical Assistance.--The Secretary of
Transportation shall monitor public-sector emergency response planning
and training for an accident or incident involving hazardous material.
Considering the results of the monitoring, the Secretary shall provide
technical assistance to a State, political subdivision of a State, or
Indian tribe for carrying out emergency response training and planning
for an accident or incident involving hazardous material and shall
coordinate the assistance using the existing coordinating mechanisms of
the National Response Team and, for radioactive material, the Federal
Radiological Preparedness Coordinating Committee.'';
(3) in subsection (g), by striking ``Government grant'' and
inserting ``Federal financial assistance'';
(4) by revising subsection (i) to read as follows:
``(i) Emergency Preparedness Fund.--The Secretary of the Treasury
shall establish an Emergency Preparedness Fund account in the Treasury
into which the Secretary of the Treasury shall deposit amounts the
Secretary of Transportation transfers to the Secretary of the Treasury
under section 5108(g)(2)(C) of this title. Without further
appropriation, amounts in the account are available--
``(1) to make grants under this section;
``(2) to monitor and provide technical assistance under
subsection (f) of this section;
``(3) to publish and distribute the Emergency Response
Guidebook; and
``(4) to pay administrative costs of carrying out this
section and sections 5108(g)(2) and 5115 of this title, except
that not more than 10 percent of the amounts made available
from the account in a fiscal year to carry out these sections
may be used to pay those costs.''; and
(5) by striking subsection (k).
(b) Chapter 51 is amended by--
(1) revising the section heading for section 5116 to read
``Planning and training grants' emergency preparedness fund'';
and
(2) striking the item for section 5116 in the analysis of
the chapter and inserting ``5116. Planning and training grants;
emergency preparedness fund.''.
SEC. 16. SPECIAL PERMITS AND EXCLUSIONS.
(a) Section 5117 is amended--
(1) by revising the section heading to read as follows:
``Sec. 5117. Special permits and exclusions'';
(2) by striking ``exemption'' and ``an exemption'' each
place they appear and inserting, respectively, ``special
permit'' and ``a special permit'';
(3) in subsection (a)(1), as revised by Section 16(a)(2) of
this Act, by striking ``issue a special permit'' and inserting
``issue, modify, or terminate a special permit authorizing
variances'', and by striking ``transporting, or causing to be
transported, hazardous material'' and inserting ``performing a
function regulated by the Secretary under section 5103(b)(1) of
this title''; and
(4) in subsection (a)(2), by striking ``2'' and inserting
``4''.
(b) The chapter analysis for chapter 51 is amended by striking the
item related to section 5117 and inserting the following:
``5117. Special permits and exclusions.''.
SEC. 17. INSPECTORS.
Chapter 51 is amended by striking section 5118 and striking the
corresponding item in the analysis of chapter 51.
SEC. 18. UNIFORM FORMS AND PROCEDURES.
Section 5119 is revised to read as follows:
``Sec. 5119. Uniform forms and procedures
``(a) Regulations.--(1) The Secretary of Transportation may
prescribe regulations to establish uniform forms and procedures for a
State--
``(i) to register and issue permits to persons that
transport or cause to be transported hazardous material by
motor vehicle in the State; and
``(ii) to allow the transportation of hazardous material in
the State.
``(2) A regulation prescribed under this section may not define or
limit the amount of a fee a State may impose or collect.
``(b) Effective Date.--A regulation prescribed under this section
takes effect one year after it is prescribed. The Secretary may extend
the one-year period for an additional year for good cause. After a
regulation is effective, a State may establish, maintain, or enforce a
requirement related to the same subject matter only if the requirement
is the same as the regulation.
``(c) Uniformity.--The Secretary shall develop a procedure to
eliminate differences in how States carry out a regulation prescribed
under this section.
``(d) Interim State Programs.--Pending promulgation of regulations
under this section, States may participate in a program of uniform
forms and procedures recommended by the Alliance for Uniform Hazmat
Transportation Procedures.''.
SEC. 19. ADMINISTRATIVE.
Section 5121 is revised to read as follows:
``Sec. 5121. Administrative
``(a) General Authority.--To carry out this chapter, the Secretary
of Transportation may investigate, conduct tests, make reports, issue
subpoenas, conduct hearings, require the production of records and
property, take depositions, and conduct research, development,
demonstration, and training activities. Except as provided in
subsections (c) and (d) of this section, the Secretary shall provide
notice and an opportunity for a hearing prior to issuing an order
directing compliance with this chapter or a regulation, order, special
permit, or approval issued under this chapter.
``(b) Records, Reports, Property, and Information.--A person
subject to this chapter shall--
``(1) maintain records, make reports, and provide property
and information that the Secretary by regulation or order
requires; and
``(2) make the records, reports, property, and information
available for inspection when the Secretary undertakes an
investigation.
``(c) Inspections and Investigations.--(1) A designated officer or
employee of the Secretary may--
``(A) inspect and investigate, at a reasonable time and in
a reasonable way, records and property related to a function
described in section 5103(b)(1) of this chapter;
``(B) except for the packaging immediately adjacent to its
hazardous material contents, gain access to, open, and examine
a package offered for, or in, transportation when the officer
or employee has an objectively reasonable and articulable
belief that the package may contain a hazardous material;
``(C) remove from transportation a package or related
packages in a shipment offered for or in transportation, and
for which such officer or employee has an objectively
reasonable and articulable belief that the package or packages
may pose an imminent hazard, and for which the officer or
employee contemporaneously documents that belief in accordance
with procedures adopted under subsection (e) of this section;
``(D) gather information from the offeror, carrier,
packaging manufacturer or retester, or other person responsible
for the package or packages, to ascertain the nature and
hazards of the contents of the package or packages;
``(E) as necessary, under terms and conditions specified by
the Secretary, order the offeror, carrier, packaging
manufacturer or retester, or other person responsible for the
package or packages to have the package or packages transported
to, opened and the contents examined and analyzed at a facility
appropriate for the conduct of this activity; and
``(F) when safety might otherwise be compromised, authorize
properly qualified personnel to assist in the activities
conducted under this subsection.
``(2) An officer or employee acting under this subsection shall
display proper credentials when requested.
``(3) For instances when, as a result of the inspection or
investigation, an imminent hazard is not found to exist, the Secretary
shall develop procedures to assist in the safe resumption of
transportation of the package or transport unit.
``(d) Emergency Orders.--(1) If, upon inspection, investigation,
testing, or research, the Secretary determines that either a violation
of a provision of this chapter or a regulation issued 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 the opportunity for a hearing, but only to the extent
necessary to abate the imminent hazard.
``(2) The Secretary's action under paragraph (1) of this subsection
shall be in a written order describing the violation, condition or
practice that is causing the imminent hazard, and stating the
restrictions, prohibitions, recalls, or out-of-service orders issued or
imposed. The order also shall describe the standards and procedures for
obtaining relief from the emergency order.
``(3) After taking action under paragraph (1) of this subsection,
the Secretary shall provide an opportunity for review of that action
under section 554 of title 5, if a petition for review is filed within
20 calendar days after issuance of the order.
``(4) If a petition for review is filed and the review is not
completed by the end of the 30-day period beginning on the date the
petition was filed, the action will cease to be effective at the end of
that period unless the Secretary determines in writing that the
emergency situation still exists.
``(5) For purposes of this subsection, `out-of-service order' means
a mandate that an aircraft, vessel, motor vehicle, train, railcar,
locomotive, other vehicle, transport unit, transport vehicle, freight
container, portable tank, or other package not be moved until specified
conditions have been met.
``(e) Regulations.--The Secretary shall issue regulations in
accordance with section 553 of title 5, including an opportunity for
informal oral presentation, to implement the authority in subsections
(c) and (d) of this section.
``(f) Facility, Staff, and Reporting System on Risks, Emergencies,
and Actions.--(1) The Secretary shall--
``(A) maintain a facility and technical staff sufficient to
provide, within the United States Government, the capability of
evaluating a risk related to the transportation of hazardous
material and material alleged to be hazardous;
``(B) maintain a central reporting system and information
center capable of providing information and advice to law
enforcement and firefighting personnel, other interested
individuals, and officers and employees of the United States
Government and State, local and tribal governments on meeting
an emergency related to the transportation of hazardous
material; and
``(C) conduct a continuous review on all aspects of
transporting hazardous material to decide on and take
appropriate actions to ensure safe transportation of hazardous
material.
``(2) Paragraph (1) of this subsection does not prevent the
Secretary from making a contract with a private entity for use of a
supplemental reporting system and information center operated and
maintained by the contractor.
``(g) Authority for Grants, Cooperative Agreements, and Other
Transactions.--To carry out this chapter, the Secretary may enter into
grants, cooperative agreements, and other transactions 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 entity to further the objectives of this chapter. The
objectives of this chapter include the conduct of research,
development, demonstration, risk assessment, and emergency response
planning and training activities.''.
SEC. 20. ENFORCEMENT.
Section 5122 is amended--
(1) in subsection (a), by revising the last sentence to
read as follows: ``The court may award appropriate relief,
including a temporary or permanent injunction, punitive
damages, and assessment of civil penalties considering the same
penalty amounts and factors as prescribed for the Secretary in
an administrative case under section 5123 of this chapter.'';
and
(2) in subparagraph (b)(1)(B), by striking ``or ameliorate
the'' and inserting ``or mitigate the''.
SEC. 21. PENALTIES.
(a) Section 5123 is amended--
(1) by revising subsection (a) to read as follows:
``(a) Penalty.--(1) A person that knowingly violates this chapter,
or a regulation, order, special permit, or approval issued under this
chapter, is liable to the United States Government for a civil penalty
of at least $250 but not more than $100,000 for each violation.
``(2) Knowledge by the person of the existence of a statutory
provision, or a regulation or requirement prescribed by the Secretary
is not an element of an offense under this section.
``(3) A separate violation occurs for each day the violation,
committed by a person that transports or causes to be transported
hazardous material, continues''; and
(2) by redesignating subsections (b)-(g) as subsections
(c)-(h) and inserting a new subsection (b) to read as follows:
``(b) Knowing Violations.--In this section, a person acts knowingly
when--
``(1) the person has actual knowledge of the facts giving
rise to the violation; or
``(2) a reasonable person acting in the circumstances and
exercising reasonable care would have that knowledge.'';
(3) in subsection (c), as redesignated, by striking the
first sentence and inserting the following: ``The Secretary of
Transportation may find that a person has violated this
chapter, or a regulation, order, special permit or approval
issued under this chapter, only after notice and an opportunity
for a hearing.''
(4) by revising subsection (e), as redesignated, to read as
follows:
``(e) Civil Actions To Collect.--The Attorney General may bring a
civil action in an appropriate district court of the United States to
collect a civil penalty under this section and any accrued interest on
that penalty calculated in the manner described under section 2705 of
title 33. In such action, the validity, amount, and appropriateness of
the civil penalty shall not be subject to review.''.
(b) Section 5124 is revised to read as follows:
``Sec. 5124. Criminal penalty
``(a) General.--A person knowingly violating section 5104(b) of
this title or willfully violating this chapter or a regulation, order,
special permit, or approval issued under this chapter, shall be fined
under title 18, imprisoned for not more than 5 years, or both.
``(b) Aggravated Violations.--A person knowingly violating section
5104(b) of this chapter or willfully violating this chapter or a
regulation, order, special permit, or approval issued under this
chapter, and thereby causing the release of a hazardous material, shall
be fined under title 18, imprisoned for not more than 20 years, or
both.
``(c) Knowing Violations.--In this section, a person acts knowingly
when--
``(1) the person has actual knowledge of the facts giving
rise to the violation; or
``(2) a reasonable person acting in the circumstances and
exercising reasonable care would have that knowledge.
``(d) Willful Violations.--In this section, a person acts willfully
when the person acts with intent.
``(e) Knowledge of Requirements.--Knowledge by a person of the
existence of a statutory provision, or a regulation or requirement
prescribed by the Secretary, is not an element of an offense under this
section.''.
(c) Section 46312 is amended--
(1) in subparagraph (a), by striking ``under this part''
and inserting ``under this part or under chapter 51 of this
title'';
(2) in subparagraph (b), by striking ``by the Secretary''
and inserting ``by the Secretary under this part or under
chapter 51 of this title''.
SEC. 22. PREEMPTION.
Section 5125 is amended--
(1) by redesignating subsections (a), (b), and (c), as
subsections (b), (c), and (d), and adding a new subsection (a)
to read as follows:
``(a) Purposes.--The Secretary shall exercise the authority in this
section to achieve uniform regulation of hazardous material
transportation, eliminate inconsistent rules that apply differently
than rules issued under this chapter, and promote the safe and
efficient movement of hazardous material in commerce.'';
(2) in subsection (b), as redesignated, by--
(A) striking ``General.--Except as provided in
subsections (b), (c), and (e)'' and inserting ``Dual
Compliance and Obstacle Tests.--Except as provided in
subsections (c), (d), and (g)''; and
(B) in subparagraph (2), striking ``carrying out
this chapter or a regulation'' and inserting ``carrying
out this chapter, the purposes of this chapter, or a
regulation'';
(3) in subsection (c), by--
(A) in subparagraph (1), striking ``(c)'' and
inserting ``(d)'';
(B) revising subparagraph (1)(E) to read as
follows:
``(E) the manufacturing, designing, inspecting,
testing, reconditioning, marking, or repairing of a
packaging or packaging component represented as
qualified for use in transporting hazardous material in
commerce.''; and
(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 striking
``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 striking
``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 Standard.--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 requirement of any State, political subdivision of a State, or Indian
tribe.
``(i) Nonfederal Enforcement Standards.--This section does not
apply to procedure, penalty, or required mental state or other standard
used by a State, 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 manufactures, designs, inspects, tests, reconditions,
marks, or repairs a packaging or packaging component represented as
qualified for use in transporting hazardous material in commerce shall
comply with this chapter, regulations prescribed and orders issued
under this chapter, and all other requirements of the United States
Government, State and local governments, and Indian tribes (except a
requirement preempted by a law of the United States) in the same way
and to the same extent that any person engaging in that transportation,
manufacturing, designing, inspecting, testing, reconditioning, marking,
or repairing that is in or affects commerce must comply with the
provision, regulation, order, or requirement.''.
(2) in subsection (b), by--
(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 material 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:
``Sec. 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 business. 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 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 exclusive jurisdiction, as
provided in the Administrative Procedure 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 substantial
evidence, are conclusive.
``(d) Requirement for Prior Objection.--In reviewing 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 proceeding 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 analysis 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:
``Sec. 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 appropriated to the Secretary of Transportation for
fiscal year 2002; and such sums as may be necessary are authorized 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 fiscal year 2002, and
such amounts as may be necessary for fiscal years 2003 through
2007.
``(2) To carry out section 5115 of this title, $200,000
shall be available to the Secretary for fiscal year 2002, and
such amounts as may be necessary 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 necessary 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 fiscal year
2002, and such amounts as may be necessary 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 fiscal year 2002, and
such amounts as may be necessary 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 necessary 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 expenses the Secretary incurs in providing training
to the State, authority, or entity.
``(d) Availability of Amounts.--Amounts available 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 Service regulation,
hazardous material is nonmailable.
``(2) For purposes of this section, the term `hazardous material'
means a substance or material the Secretary 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 follows:
``Sec. 3018. Hazardous material; civil penalty
``(a) Regulations.--The Postal Service shall prescribe regulations
for the safe transportation of hazardous material in the mail.
``(b) Hazardous Material in the Mail.--No person 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 regulation
restricting the time, place, or manner in which a hazardous
material may be mailed; or
``(3) manufacture, distribute, or sell any container,
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 standards for a
container, packaging kit, or similar device used for
the mailing of a hazardous material.
``(c) Civil Penalty.--
``(1) A person that knowingly violates this section or a
regulation issued under this section is liable to the Postal
Service for a civil penalty of at least $250 but not more than
$100,000 for each violation, 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
circumstances and exercising reasonable care would have
that knowledge.
``(2) Knowledge by the person of the existence of a
statutory provision, or a regulation or requirement prescribed
by the Postal Service is not an element 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 section or a regulation issued under
this section.
``(d) Hearing Requirement.--The Postal Service may find that a
person has violated this section or a regulation 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;
``(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 accordance 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 appropriate relief, including a temporary or permanent
injunction, punitive damages, and assessment of civil penalties
considering the same penalty amounts and factors as prescribed 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 analysis for chapter 30 of
title 39, United States Code, is amended by adding the following:
``3018. Hazardous material; civil penalty.''.
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