[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1669 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1669

   To authorize appropriations for hazardous material transportation 
                    safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2001

 Mr. Hollings (for himself and Mr. McCain) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 or 
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.--The table of contents of this Act is as 
follows:

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 at least 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) through (e) as subsections (b) through (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 adding at the end the following:
    ``(e) Penalty for Violation.--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 (1)(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--
            ``(A) to register and issue permits to persons that 
        transport or cause to be transported hazardous material by 
        motor vehicle in the State; and
            ``(B) 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. 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) through (g) as 
        subsections (c) through (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.'' ; and
            (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 subsection (a), by striking ``under this part'' and 
        inserting ``under this part or under chapter 51 of this 
        title''; and
            (2) in subsection (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.''; and
            (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.''; and
            (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--
                    ``(A) is represented, marked, certified, or sold by 
                such person for use in the mailing of a hazardous 
                material; and
                    ``(B) 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 a 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.''.
                                 <all>