```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3460 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3460

   To amend the Hazardous Materials Transportation Act to authorize 
 appropriations for fiscal years 1994, 1995, 1996, 1997, and 1998, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1993

Mr. Rahall (for himself and Mr. Shuster) introduced the following bill; 
which was referred jointly to the Committees on Energy and Commerce and 
                    Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
   To amend the Hazardous Materials Transportation Act to authorize 
 appropriations for fiscal years 1994, 1995, 1996, 1997, and 1998, 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.

    This Act may be cited as the ``Hazardous Materials Transportation 
Act Reauthorization Amendments of 1993''.

SEC. 2. DEFINITIONS.

    Section 103 of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1802) is amended in each of paragraphs (5)(B) and 
(6)(A)(iii) by striking ``packages'' and inserting ``packaging''.

SEC. 3. REGULATIONS.

    Section 105 of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1804) is amended--
            (1) subsection (a)(3) by inserting ``hazardous materials'' 
        after ``shipped,'';
            (2) in each of subsections (a)(3) and (a)(4)(B)(v) by 
        striking ``package'' and inserting ``packaging'';
            (3) by striking paragraph (1) of subsection (e) and 
        inserting the following:
            ``(1) a container or package, or a component of a container 
        or package, for the transportation of hazardous materials is 
        safe, certified, or in compliance with the requirements of this 
        title unless it meets the requirements of all applicable 
        regulations issued under this title; or''.

SEC. 4. REGISTRATION.

    Section 106(c) of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1805(c)) is amended by adding at the end the following:
            ``(16) Authority of secretary to waive mandatory filing 
        requirement.--The Secretary may waive the filing of a 
        registration statement, or the payment of a fee, required under 
        this subsection, or both, for any person not domiciled in the 
        United States who solely offers hazardous materials for 
        transportation to the United States from a place outside the 
        United States if the country of which such person is a 
        domiciliary does not require persons domiciled in the United 
        States who solely offer hazardous materials for transportation 
        to the foreign country from places in the United States to file 
        registration statements, or to pay fees, for making such an 
        offer.''.

SEC. 5. INSPECTION-.

    Section 109(c)(1) of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1808(c)) is amended by striking ``packages'' and inserting 
``packagings''.

SEC. 6. PENALTIES.

    Section 110(a)(1) of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1809(a)(1)) is amended by striking ``package'' and 
inserting ``packaging''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 115(a) of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1812(a)) is amended to read as follows:
    ``(a) In General.--There is authorized to be appropriated for 
carrying out this title (other than section 117, 117A, 118, and 121) 
not to exceed $18,000,000 for fiscal year 1994, $18,540,000 for fiscal 
year 1995, $19,100,000 for fiscal year 1996, $19,670,000 for fiscal 
year 1997, and $20,260,000 for fiscal year 1998.''.

SEC. 8. TRAINING.

    (a) Supplemental Public Sector Training Grants.--Section 117A of 
the Hazardous Materials Transportation Act (49 U.S.C. App. 1815) is 
amended by adding at the end the following:
    ``(j) Supplemental Training Grants.--
            ``(1) In general.--In order to further the purposes of 
        subsection (b), relating to training public sector employees to 
        respond to accidents and incidents involving hazardous 
        materials, the Secretary shall make grants to national 
        nonprofit employee organizations engaged solely in fighting 
        fires for the purpose of training individuals with statutory 
        responsibility to respond to hazardous materials accidents and 
        incidents.
            ``(2) Use of funds.--Funds granted to an organization under 
        this subsection may be used--
                    ``(A) to identify regions or locations in which 
                fire departments are in need of hazardous materials 
                training;
                    ``(B) to prioritize such needs and develop a means 
                for evaluating specific training needs;
                    ``(C) to train instructors to conduct hazardous 
                materials response training programs and evaluate the 
                efficacy of such training programs;
                    ``(D) to purchase training equipment for such 
                training programs; and
                    ``(E) to disseminate on a nationwide basis the data 
                developed, and the findings derived from projects 
                carried out, under this subsection.
            ``(3) Use of training courses.--The Secretary may only make 
        a grant to an organization under this subsection in a fiscal 
        year if the organization enters into an agreement with the 
        Secretary to use in such fiscal year--
                    ``(A) a course or courses developed or identified 
                under section 117A(g); or
                    ``(B) other courses which the Secretary determines 
                are consistent with the objectives of this subsection;
        for training individuals with statutory responsibility to 
        respond to accidents and incidents involving hazardous 
        materials.
            ``(4) Terms and conditions.--The Secretary may impose such 
        additional terms and conditions on grants to be made under this 
        subsection as the Secretary determines are necessary to protect 
        the interests of the United States and to carry out the 
        objectives of this subsection.
    ``(k) Reports.--Not later than September 30, 1997, the Secretary 
shall submit to Congress a report on the allocation and uses of 
training grants authorized under subsection (b) for fiscal years 1993 
through fiscal year 1996 and grants authorized under subsection (j) and 
section 118 for fiscal years 1995 and 1996. Such report shall identify 
nonprofit organizations receiving training grants and include a 
detailed accounting of all grant expenditures by grant recipients, the 
number of employees trained under the grant programs, and an evaluation 
of the efficacy of training programs carried out.''.
    (b) Funding.--Section 117A(i)(2) of such Act is amended--
            (1) by inserting ``(A) General program.--'' before 
        ``There'';
            (2) by indenting subparagraph (A), as so designated, and 
        moving subparagraph (A) 2 ems to the right; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Supplemental program.--
                            ``(i) From fees.--There shall be available 
                        to the Secretary for carrying out subsection 
                        (j), from amounts in the account established 
                        pursuant to subsection (h), $250,000 per fiscal 
                        year for each of fiscal years 1995, 1996, 1997, 
                        and 1998.
                            ``(ii) From general revenues.--In addition 
                        to amounts made available under clause (i), 
                        there is authorized to be appropriated to the 
                        Secretary for carrying out subsection (j) 
                        $2,000,000 per fiscal year for each of fiscal 
                        years 1995, 1996, 1997, and 1998.''.
    (c) Hazmat Employee Training Program.--Section 118 of such Act is 
amended--
            (1) in subsection (a) by striking ``may'' and inserting 
        ``shall, subject to the availability of funds under subsection 
        (d),'';
            (2) in subsection (b) by striking ``National'' and all that 
        follows through ``Labor'' and inserting ``Secretary'';
            (3) in subsection (c) by inserting ``hazmat employee'' 
        after ``nonprofit''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section $10,000,000 per fiscal year for 
each of fiscal years 1995, 1996, 1997, and 1998.''.
    (d) Conforming Amendments.--Section 117A(h) of such Act is 
amended--
            (1) in paragraph (2)(H) by striking ``and section 118'';
            (2) in paragraph (6)(B)(i) by striking ``and section 118''; 
        and
            (3) in paragraph (6)(B)(iii) by striking ``and section 
        118''.

SEC. 9. FEDERAL CONTRACTORS.

    Section 120 of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1818) is amended by striking ``package'' and inserting 
``packaging''.

SEC. 10. COMPUTERIZED TELECOMMUNICATION DATA CENTER PILOT PROJECTS.

    (a) Grants.--The Secretary of Transportation may make grants to 1 
or more persons, including a State or local government or department, 
agency, or instrumentality thereof, to carry out a pilot project to 
demonstrate the feasibility of establishing and operating a reporting 
system and computerized telecommunication data center that is capable--
            (1) of receiving, storing, and retrieving data on all daily 
        shipments of hazardous materials transported by motor carriers 
        of property;
            (2) of identifying the types of hazardous materials being 
        transported by a motor carrier of property; and
            (3) of providing information to facilitate responses to 
        accidents and incidents involving such shipments.
    (b) Selection of Carriers.--The pilot project to be carried out 
under this section must involve 2 or more motor carriers of property. 
One of the motor carriers selected to participate in the project must 
be a carrier that transports mostly hazardous materials. The other 
motor carrier selected must be a regular-route common carrier that 
specializes in transporting less than truck-load shipments. The motor 
carriers selected may be engaged in multimodal movements of hazardous 
materials with other motor carriers, rail carriers, or water carriers.
    (c) Terms and Conditions.--The Secretary may impose such terms and 
conditions on grants to be made under this section as the Secretary 
determines are necessary to protect the interests of the United States 
and to carry out the objectives of this section.
    (d) Coordination.--To the maximum extent practicable, the Secretary 
of Transportation shall coordinate a pilot project to be carried out 
under this section with any existing Federal, State, and local 
government projects and private projects which are similar to the pilot 
project to be carried out under this section. The Secretary may require 
that a pilot project under this section be carried out in conjunction 
with such similar Federal, State, and local government projects and 
private projects.
    (e) Federal Share.--The Federal share of the cost of a pilot 
project carried out under this section shall be 100 percent, unless the 
grantee selected to carry out such project agrees to a lower Federal 
share.
    (f) Report.--Not later than December 31, 1997, the Secretary of 
Transportation shall transmit to Congress a report on the results of 
pilot projects carried out under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 1995 and 1996. Such sums shall remain available until expended.

SEC. 11. STUDY OF HAZARDOUS WASTES TRANSPORTATION NEAR FEDERAL PRISONS.

    (a) Study.--The Secretary of Transportation shall conduct a study 
to determine the safety considerations of transporting hazardous wastes 
in close proximity to Federal prisons, particularly those housing 
maximum security prisoners. Such study shall include, but not be 
limited to, an evaluation of the ability of such facilities and the 
designated local planning agencies to safely evacuate such prisoners in 
the event of an emergency and any special training, equipment, or 
personnel that would be required by such facility and the designated 
local emergency planning agencies to carry out such evacuation.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation shall transmit to Congress 
a report on the results of the study conducted under this section, 
along with the Secretary's recommendations for any legislative or 
regulatory changes to enhance the safety regarding the transportation 
of hazardous wastes near Federal prisons.

SEC. 12. STUDY OF RADIO MICROWAVE TECHNOLOGIES AND HIGHWAY SAFETY.

    (a) Arrangements With Appropriate Entity.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary of 
Transportation shall enter into appropriate arrangements with the 
National Academy of Sciences or any other appropriate entity to conduct 
a comprehensive study and investigation with respect to both commercial 
motor vehicles carrying hazardous materials and commercial motor 
vehicles generally of the following:
            (1) Whether there is a safety justification for regulating 
        the use of radar detectors in such vehicles.
            (2) Whether there are ways in which radio microwave 
        technologies may be used to enhance the safety of such 
        vehicles, including by warning drivers of such vehicles of--
                    (A) segments of roadway under construction, 
                maintenance, or repair;
                    (B) obstructions on or adjacent to the roadway, 
                including accident sites;
                    (C) segments of roadway which have historically 
                higher accident rates; and
                    (D) conditions of restricted visibility caused by 
                snow, rain, fog, or dust.
            (3) Whether there are ways radio microwave technologies may 
        be used in the application of intelligent vehicle highway 
        systems consistent with the goals of the Intelligence Vehicle-
        Highway Systems Act of 1991.
    (b) Consultation.--The entity conducting the study and 
investigation under subsection (a) shall consult in all aspects of the 
study and investigation, including study design, organizations 
representing the commercial motor vehicle industry (including segments 
of the industry which transport hazardous materials), manufacturers of 
radar detectors, users of radar detectors, highway safety advocates, 
and such other persons as such entity considers appropriate.
    (c) Availability of Information.--The Secretary of Transportation 
shall provide to the entity conducting the study and investigation 
under subsection (a) any information or data which such entity 
determines is necessary for the purpose of conducting such study and 
investigation. The Secretary shall work with the States and other 
appropriate organizations to develop, to the extent necessary, any new 
information or data that is required to carry out such study and 
investigation.
    (d) Report.--The entity conducting the study and investigation 
under subsection (a) shall report to the Secretary and Congress its 
findings and recommendations with respect to such study and 
investigation not later than September 30, 1995.
    (e) Secretarial Review and Report.--Upon receipt of the report 
under subsection (d), the Secretary of Transportation shall commence a 
review of such report and of Federal policies regarding the use of 
radar detectors and other radio microwave technologies with respect to 
both commercial motor vehicles transporting hazardous materials and 
commercial motor vehicles generally. Not later than 120 days after the 
date of the receipt of the report under subsection (d), the Secretary 
shall report to the Congress on the results of such review. Such report 
shall include a description of any administrative action (including the 
issuance or modification of regulations) that the Secretary plans to 
take as a result of such review regarding the use of radar detectors 
and other radio microwave technologies in such vehicles.
    (f) Definition.--In this section, the term ``radio microwave 
technology'' means any device or mechanism which emits or detects radio 
microwaves, including radar detectors.
    (g) Funding.--The Secretary of Transportation shall expend, out of 
amounts deducted under section 104(a) of title 23, United States Code, 
not more than $500,000 to carry out this section.
    (h) Limitation on Statutory Construction.--Nothing in this section 
shall alter in any way the authority of the Secretary of Transportation 
to take any administrative action which the Secretary is otherwise 
authorized to take or alter in any way the discretion which the 
Secretary otherwise has in the exercise of such authority.

SEC. 13. PROHIBITION OF BILLBOARDS ON SCENIC BYWAYS.

    Section 131(s) of title 23, United States Code, is amended by 
striking ``subsection (c) of''.

SEC. 14. USE OF FIBRE DRUM PACKAGING.

    (a) Initiation of Rulemaking Proceeding.--Not later than the 60th 
day following the date of the enactment of this Act, the Secretary of 
Transportation shall initiate a rulemaking proceeding to determine 
whether the requirements of section 105(a) of the Hazardous Materials 
Transportation Act as they pertain to openhead fiber drum packaging can 
be met for the domestic transportation of liquid hazardous materials 
(with respect to those classifications of liquid hazardous materials 
transported by such drums pursuant to regulations in effect on 
September 30, 1991) with standards other than the performance oriented 
packaging standards adopted under docket number HM-181 contained in 
part 178 of title 49, Code of Federal Regulations.
    (b) Issuance of Standards.--If the Secretary of Transportation 
determines, as a result of the rulemaking proceeding initiated under 
subsection (a), that a packaging standard other than the performance 
oriented packaging standards referred to in subsection (a) will provide 
an equal or greater level of safety for the domestic transportation of 
liquid hazardous materials than would be provided if such performance 
oriented packaging standards were in effect, the Secretary shall issue 
regulations which implement such other standard and which take effect 
before October 1, 1996.
    (c) Completion of Rulemaking Proceeding.--The rulemaking proceeding 
initiated under subsection (a) shall be completed before October 1, 
1995.
    (d) Limitations.--
            (1) Limitation on applicability.--The provisions of 
        subsections (a), (b), and (c) shall not apply to packaging for 
        those hazardous materials regulated by the Department of 
        Transportation as poisonous by inhalation under the Hazardous 
        Materials Transportation Act.
            (2) Limitation of statutory construction.--Nothing in this 
        section shall be construed to prohibit the Secretary of 
        Transportation from issuing or enforcing regulations for the 
        international transportation of hazardous materials.

                                 <all>

HR 3460 IH----2
```