H. R. 2178

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend the Hazardous Materials Transportation Act to authorize appropriations

for fiscal years 1994, 1995, 1996, and 1997, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—HAZARDOUS MATERIALS TRANSPORTATION

ACT AMENDMENTS

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Hazardous Materials Transportation Authorization Act of 1994’’.

SEC. 102. AMENDMENT OF TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this title

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.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

Section 5127(a) (relating to authorization of appropriations)

is amended by striking out ‘‘the fiscal year ending September 30,

1993,’’ and inserting ‘‘fiscal year 1993, $18,000,000 for fiscal year

1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year

1996, and $19,670,000 for fiscal year 1997’’.

SEC. 104. EXEMPTIONS FROM REQUIREMENT TO FILE REGISTRATION

STATEMENT.

Section 5108(a) (relating to persons required to file) is amended

by adding at the end the following new paragraph:

‘‘(4) 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. 105. PLANNING GRANTS FOR INDIAN TRIBES.

(a) AUTHORITY TO MAKE GRANTS.—Section 5116(a)(1) (relating to planning grants) is amended—
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(1) by inserting ‘‘and Indian tribes’’ after ‘‘States’’ the first

place it appears; and

(2) by striking ‘‘in a State and between States’’ and inserting ‘‘on lands under the jurisdiction of a State or Indian tribe,

and between lands under the jurisdiction of a State or Indian

tribe and lands of another State or Indian tribe’’.

(b) MAINTENANCE OF EFFORT.—Section 5116(a)(2) (relating to

planning grants) is amended—

(1) by inserting ‘‘or Indian tribe’’ after ‘‘State’’ the first

and third places it appears;

(2) by striking ‘‘the State’’ the second place it appears;

(3) by inserting ‘‘the State or Indian tribe’’ before ‘‘certifies’’;

and

(4) by inserting ‘‘the State’’ before ‘‘agrees’’.

(c) COORDINATION OF PLANNING.—Section 5116(a) (relating to

planning grants in general) is amended by adding at the end

the following new paragraph:

‘‘(3) A State or Indian tribe receiving a grant under this

subsection shall ensure that planning under the grant is coordinated with emergency planning conducted by adjacent States

and Indian tribes.’’.

SEC. 106. TRAINING CRITERIA FOR SAFE HANDLING AND TRANSPORTATION.

Section 5107(d) (relating to coordination of training requirements) is amended—

(1) by inserting ‘‘or duplicate’’ after ‘‘conflict with’’; and

(2) by striking ‘‘hazardous waste operations and’’ and

inserting ‘‘hazard communication, and hazardous waste operations, and’’.

SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL SUBDIVISIONS, AND INDIAN TRIBES.

Section 5125(g) (relating to fees) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(g) FEES.—’’; and

(2) by adding at the end the following:

‘‘(2) A State or political subdivision thereof or Indian tribe

that levies a fee in connection with the transportation of hazardous materials shall, upon the Secretary’s request, report to

the Secretary on—

‘‘(A) the basis on which the fee is levied upon persons

involved in such transportation;

‘‘(B) the purposes for which the revenues from the

fee are used;

‘‘(C) the annual total amount of the revenues collected

from the fee; and

‘‘(D) such other matters as the Secretary requests.’’.

SEC. 108. ANNUAL REPORT.

Section 5121(e) (relating to annual report) is amended—

(1) by striking ‘‘Annual’’ in the subsection heading, and

(2) by striking the first sentence and inserting the following: ‘‘The Secretary shall, once every 2 years, prepare and

submit to the President for transmittal to the Congress a comprehensive report on the transportation of hazardous materials

during the preceding 2 calendar years.’’.
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SEC. 109. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

(a) IN GENERAL.—In implementing the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of

Transportation shall ensure that the National Intelligent VehicleHighway Systems Program addresses, in a comprehensive and

coordinated manner, the use of intelligent vehicle-highway system

technologies to promote hazardous materials transportation safety.

The Secretary of Transportation shall ensure that 2 or more operational tests funded under such Act shall promote such safety

and advance technology for providing information to persons who

provide emergency response to hazardous materials transportation

incidents.

(b) GRANTS FOR CERTAIN EMERGENCY RESPONSE INFORMATION

TECHNOLOGIES.—

(1) In carrying out one of the operational tests under subsection (a), the Secretary of Transportation may make grants

to one or more persons, including a State or local government

or department, agency, or instrumentality thereof, to demonstrate the feasibility of establishing and operating computerized telecommunications emergency response information technologies that are used—

(A) to identify the contents of shipments of hazardous

materials transported by motor carriers;

(B) to permit retrieval of data on shipments of hazardous materials transported by motor carriers;

(C) to link systems that identify, store, and allow the

retrieval of data for emergency response to incidents and

accidents involving transportation of hazardous materials

by motor carrier; and

(D) to provide information to facilitate responses to

accidents and incidents involving hazardous materials shipments by motor carriers either directly or through linkage

with other systems.

(2) Any project carried out with a grant under this subsection must involve two 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-truckload

shipments. The motor carriers selected may be engaged in

multimodal movements of hazardous materials with other

motor carriers, rail carriers, or water carriers.

(3) To the maximum extent practicable, the Secretary of

Transportation shall coordinate a project under this subsection

with any existing Federal, State, and local government projects

and private projects which are similar to the project under

this subsection. The Secretary may require that a project under

this subsection be carried out in conjunction with such similar

Federal, State, and local government projects and private

projects.

SEC. 110. RAIL TANK CAR SAFETY.

Not later than 1 year after the date of enactment of this

Act, the Secretary of Transportation shall issue final regulations

under the following:
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(1) The rulemaking proceeding under Docket HM–175A entitled ‘‘Crashworthiness Protection Requirements for Tank

Cars’’.

(2) The rulemaking proceeding under Docket HM–201 enti- tled ‘‘Detection and Repair of Cracks, Pits, Corrosion, Lining

Flaws, Thermal Protection Flaws and Other Defects of Tank

Car Tanks’’.

SEC. 111. SAFE PLACEMENT OF TRAIN CARS.

The Secretary of Transportation shall conduct a study of exist- ing practices regarding the placement of cars on trains, with particular attention to the placement of cars that carry hazardous materials. In conducting the study, the Secretary shall consider whether

such placement practices increase the risk of derailment, hazardous

materials spills, or tank ruptures or have any other adverse effect

on safety. The results of the study shall be submitted to Congress

within 1 year after the date of enactment of this Act.

SEC. 112. GRADE CROSSING SAFETY.

The Secretary of Transportation shall, within 6 months after the date of enactment of this Act, amend regulations—

(1) under chapter 51 of title 49, United States Code (relating to transportation of hazardous materials), to prohibit the

driver of a motor vehicle transporting hazardous materials

in commerce, and

(2) under chapter 315 of such title (relating to motor carrier

safety) to prohibit the driver of any commercial motor vehicle,

from driving the motor vehicle onto a highway-rail grade crossing

without having sufficient space to drive completely through the

crossing without stopping.

SEC. 113. DRIVER’S RECORD OF DUTY STATUS.

(a) IN GENERAL.—

(1) The Secretary of Transportation shall prescribe regulations amending part 395 of title 49, Code of Federal Regulations, to improve—

(A) compliance by commercial motor vehicle drivers

and motor carriers with hours of service requirements;

and

(B) the effectiveness and efficiency of Federal and State

enforcement officers reviewing such compliance.

(2) Such regulations shall be proposed not later than 12

months after the date of enactment of this Act and shall be

issued and become effective not later than 18 months after

such date of enactment. In prescribing the regulations, the

Secretary of Transportation shall ensure that compliance can

be achieved at a cost that is reasonable to drivers and motor

carriers.

(b) CONTENTS OF REGULATIONS.—Such regulations shall include

the following: (1) A description of identification items (which include

either driver name or vehicle number) that shall be part of

a written or electronic document to enable such written or

electronic document to be used by a motor carrier or by an

enforcement officer as a supporting document to verify the

accuracy of a driver’s record of duty status.

(2) A provision specifying the number, type, and frequency

of supporting documents that must be retained by a motor
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carrier so as to allow verification of the accuracy of such documents at a reasonable cost, to the driver and the motor carrier,

of record acquisition and retention.

(3) A provision specifying the period during which supporting documents shall be retained by the motor carrier. The

period shall be at least 6 months from the date of a document’s

receipt.

(4) A provision to authorize, on a case-by-case basis, motor

carrier self-compliance systems that ensure driver compliance

with hours of service requirements and allow Federal and State

enforcement officers the opportunity to conduct independent

audits of such systems to validate compliance with section

395.8(k) of title 49, Code of Federal Regulations (or successor

regulations thereto). Such authorization may also be provided

by the Secretary to a group of motor carriers that meet specific

conditions that may be established by regulation by the Secretary and that are subject to audit by Federal and State

enforcement officers.

(5) A provision to allow a waiver, on a case-by-case basis,

of certain requirements of section 395.8(k) of title 49, Code

of Federal Regulations (or successor regulations thereto), when

sufficient supporting documentation is provided directly and

at a satisfactory frequency to enforcement personnel by an

intelligent vehicle-highway system, as defined by section 6059

of the Intelligent Vehicle-Highway Systems Act of 1991 (23

U.S.C. 307 note). Such waiver may also be allowed for a group

of motor carriers that meet specific conditions that may be

established by regulation by the Secretary.

(c) SUPPORTING DOCUMENT DEFINED.—For purposes of this section, a supporting document is any document that is generated

or received by a motor carrier or commercial motor vehicle driver

in the normal course of business that could be used, as produced

or with additional identifying information, to verify the accuracy

of a driver’s record of duty status.

SEC. 114. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS.

(a) AMENDMENT OF REGULATIONS.—Within 18 months after

the date of enactment of this Act, the Secretary of Transportation

shall amend section 391.23 of title 49, Code of Federal Regulations

(or successor regulations thereto), to—

(1) specify the safety information that must be sought

under that section by a motor carrier with respect to a driver;

(2) require that such information be requested from former

employers and that former employers furnish the requested

information within 30 days after receiving the request; and

(3) ensure that the driver to whom such information applies

has a reasonable opportunity to review and comment on the

information.

(b) SAFETY INFORMATION.—The safety information required to

be specified under subsection (a)(1) shall include information on—

(1) any motor vehicle accidents in which the driver was

involved during the preceding 3 years;

(2) any failure of the driver, during the preceding 3 years,

to undertake or complete a rehabilitation program under section

31302 of title 49, United States Code (relating to limitation on the number of driver’s licenses), after being found to
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have used, in violation of law or Federal regulation, alcohol

or a controlled substance;

(3) any use by the driver, during the preceding 3 years,

in violation of law or Federal regulation, of alcohol or a controlled substance subsequent to completing such a rehabilitation program; and

(4) any other matters determined by the Secretary of

Transportation to be appropriate and useful for determining

the driver’s safety performance.

(c) FORMER EMPLOYER.—For purposes of this section, a former

employer is any person who employed the driver in the preceding

3 years.

SEC. 115. RETENTION OF SHIPPING PAPERS.

Section 5110 (relating to shipping papers and disclosure) is

amended by adding at the end the following new subsection:

‘‘(e) RETENTION OF PAPERS.—After the hazardous material to

which a shipping paper provided to a carrier under subsection

(a) applies is no longer in transportation, the person who provided

the shipping paper and the carrier required to maintain it under

subsection (a) shall retain the paper or electronic image thereof

for a period of 1 year to be accessible through their respective

principal places of business. Such person and carrier shall, upon

request, make the shipping paper available to a Federal, State,

or local government agency at reasonable times and locations.’’.

SEC. 116. TOLL FREE NUMBER FOR REPORTING.

The Secretary of Transportation shall designate a toll free

telephone number for transporters of hazardous materials and other

individuals to report to the Secretary possible violations of chapter

51 of title 49, United States Code, or any order or regulation

issued under that chapter.

SEC. 117. TECHNICAL CORRECTIONS.

(a) AMENDMENTS RELATING TO PACKAGING.— (1) Sections 5102(3)(C)(ii) and 5102(4)(A)(iii) are each

amended by striking ‘‘packages’’ and inserting ‘‘packagings’’. (2) Sections 5103(b)(1)(A)(iii), 5121(c)(1)(A), 5125(b)(1)(E),

and 5126(a) are each amended by striking ‘‘a package or’’ and

inserting ‘‘a packaging or a’’. (3) Section 5108(a)(1)(D) is amended—

(A) by striking ‘‘a bulk package’’ and inserting in lieu

thereof ‘‘a bulk packaging’’; and (B) by striking ‘‘the package’’ and inserting ‘‘the bulk

packaging’’.

(b) OTHER.—Section 5104(a)(1) is amended by striking ‘‘or package’’ each place it appears and inserting ‘‘, package, or packaging

(or a component of a container, package, or packaging)’’.

SEC. 118. HOURS OF SERVICE RULEMAKING FOR FARMERS AND

RETAIL FARM SUPPLIERS.

Not later than 3 months after the date of enactment of this

Act the Secretary of Transportation shall initiate a rulemaking

proceeding to determine whether or not the requirements of section

395.3 of title 49, Code of Federal Regulations, relating to hours

of service, may be waived for farmers and retail farm suppliers

when such farmers and retail farm suppliers are transporting crops
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or farm supplies for agricultural purposes within a 50-mile radius

of their distribution point or farm.

SEC. 119. TRAINING.

(a) SUPPLEMENTAL PUBLIC SECTOR TRAINING GRANTS.—Section

5116 (relating to planning and training grants, monitoring, and

review) is amended by adding at the end the following new subsections:

‘‘(j) SUPPLEMENTAL TRAINING GRANTS.—

‘‘(1) In order to further the purposes of subsection (b),

the Secretary shall, subject to the availability of funds, make

grants to national nonprofit employee organizations engaged

solely in fighting fires for the purpose of training instructors

to conduct hazardous materials response training programs

for individuals with statutory responsibility to respond to

hazardous materials accidents and incidents.

‘‘(2) For the purposes of this subsection the Secretary,

after consultation with interested organizations, shall—

‘‘(A) identify regions or locations in which fire departments or other organizations which provide emergency

response to hazardous materials transportation accidents

and incidents are in need of hazardous materials training;

and

‘‘(B) prioritize such needs and develop a means for

identifying additional specific training needs.

‘‘(3) Funds granted to an organization under this subsection

shall only be used—

‘‘(A) to train instructors to conduct hazardous materials

response training programs; ‘‘(B) to purchase training equipment used exclusively

to train instructors to conduct such training programs;

and

‘‘(C) to disseminate such information and materials

as are necessary for the conduct of such training programs.

‘‘(4) 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 train instructors

to conduct hazardous materials response training programs

in such fiscal year that will use— ‘‘(A) a course or courses developed or identified under

subsection (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. Such

agreement also shall provide that training courses shall be

open to all such individuals on a nondiscriminatory basis.

‘‘(5) 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

year 1993 through fiscal year 1996 and grants authorized under

subsection (j) and section 5107 for fiscal years 1995 and 1996.
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Such report shall identify the ultimate recipients of training grants

and include a detailed accounting of all grant expenditures by

grant recipients, the number of persons trained under the grant

programs, and an evaluation of the efficacy of training programs

carried out.’’.

(b) FUNDING.—Section 5127(b) (relating to appropriations for

hazmat employee training) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘TRAINING.—’’, and

(2) by adding at the end the following:

‘‘(2)(A) There shall be available to the Secretary for carrying

out section 5116(j), from amounts in the account established

pursuant to section 5116(i), $250,000 for each of fiscal years

1995, 1996, 1997, and 1998.

‘‘(B) In addition to amounts made available under subparagraph (A), there is authorized to be appropriated to the Secretary for carrying out section 5116(j) $1,000,000 for each of

the fiscal years 1995, 1996, 1997, and 1998.’’.

(c) HAZMAT EMPLOYEE TRAINING PROGRAM.—

(1) The first sentence of section 5107(e) (relating to hazmat

employee training requirements and grants) is amended to

read as follows: ‘‘The Secretary shall, subject to the availability

of funds under section 5127(c)(3), make grants for training

instructors to train hazmat employees under this section.’’.

(2) The second sentence of such section is amended by

inserting ‘‘hazmat employee’’ after ‘‘nonprofit’’.

(3) Section 5107 (relating to hazmat employee training

requirements and grants) is amended by adding at the end

thereof the following new subsection:

‘‘(g) EXISTING EFFORT.—No grant under subsection (e) shall

supplant or replace existing employer-provided hazardous materials

training efforts or obligations.’’. (4) Section 5127(b)(1) (relating to hazmat employee training funding) is amended to read as follows:

‘‘(b) TRAINING OF HAZMAT EMPLOYEE INSTRUCTORS.—(1) There

is authorized to be appropriated to the Secretary $3,000,000 for

each of fiscal years 1995, 1996, 1997, and 1998 to carry out

section 5107(e).’’.

(d) CONFORMING AMENDMENTS.— (1) Section 5108(g)(2)(A)(viii) is amended by striking ‘‘5107(e),’’.

(2) Section 5116(i)(1) is amended by striking ‘‘and section 5107(e)’’.

(3) Section 5116(i)(3) is amended by striking ‘‘and section 5107(e)’’.

SEC. 120. TIME FOR SECRETARIAL ACTION.

(a) EXEMPTIONS.—Section 5117 (relating to exemptions and

exclusions) is amended—

(1) by redesignating subsections (c) and (d) as (d) and

(e) respectively, and

(2) by inserting after subsection (b) the following:

‘‘(c) APPLICATIONS TO BE DEALT WITH PROMPTLY.—The Secretary shall issue or renew the exemption for which an application

was filed or deny such issuance or renewal within 180 days after

the first day of the month following the date of the filing of such

application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the
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exemption is delayed, along with an estimate of the additional

time necessary before the decision is made.’’. (b) DECISIONS ON PREEMPTION.—Section 5125(d) (relating to decisions on preemption) is amended by inserting immediately after

the second sentence the following: ‘‘The Secretary shall issue a

decision on an application for a determination within 180 days

after the date of the publication of the notice of having received

such application, or the Secretary shall publish a statement in

the Federal Register of the reason why the Secretary’s decision

on the application is delayed, along with an estimate of the additional time necessary before the decision is made.’’.

SEC. 121. STUDY OF HAZARDOUS MATERIALS TRANSPORTATION BY

MOTOR CARRIERS NEAR FEDERAL PRISONS.

(a) STUDY.—The Secretary of Transportation shall conduct a study to determine the safety considerations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particularly those housing maximum security prisoners. Such

study shall include 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. Such study shall not apply to or address

issues concerning rail transportation of hazardous materials. (b) REPORT.—Not later than 1 year after the date of the enact- ment 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 materials by motor carriers near

Federal prisons.

SEC. 122. USE OF FIBER DRUM PACKAGING.

(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than

the 60th day following the date of enactment of this Act, the

Secretary of Transportation shall initiate a rulemaking proceeding

to determine whether the requirements of section 5103(b) of title

49, United States Code (relating to regulations for safe transportation), as they pertain to open head 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 performanceoriented 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 Transpor- tation 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.
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(d) LIMITATIONS.—

(1) 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 chapter 51 of title 49, United States Code.

(2) 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.

SEC. 123. BUY AMERICA.

(a) COMPLIANCE WITH BUY AMERICAN ACT.—None of the funds

made available under this title may be expended in violation of

sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

10c; popularly known as the ‘‘Buy American Act’’), which are

applicable to those funds.

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—

(1) In the case of any equipment or products that may

be authorized to be purchased with financial assistance provided under this title, it is the sense of Congress that entities

receiving such assistance should, in expending such assistance,

purchase only American-made equipment and products.

(2) In providing financial assistance under this title, the

Secretary of Transportation shall provide to each recipient of

the assistance a notice describing the statement made in paragraph (1) by Congress.

(c) PROHIBITION OF CONTRACTS.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, such

person shall be ineligible to receive any contract or subcontract

made with funds provided pursuant to this title, pursuant to the

debarment, suspension, and ineligibility procedures described in

sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

(d) RECIPROCITY.—

(1) Except as provided in paragraph (2), no contract or

subcontract may be made with funds authorized under this

title to a company organized under the laws of a foreign country

unless the Secretary of Transportation finds that such country

affords comparable opportunities to companies organized under

laws of the United States.

(2)(A) The Secretary of Transportation may waive the provisions of paragraph (1) if the products or services required

are not reasonably available from companies organized under

the laws of the United States. Any such waiver shall be reported

to Congress.

(B) Paragraph (1) shall not apply to the extent that to

do so would violate the General Agreement on Tariffs and

Trade or any other international agreement to which the United

States is a party.
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TITLE II—TRUCKING INDUSTRY

REGULATORY REFORM

SEC. 201. SHORT TITLE.

This title may by cited as the ‘‘Trucking Industry Regulatory

Reform Act of 1994’’.

SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this title

an amendment or repeal is expressed in terms of an amendment

to, or 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.

SEC. 203. PURPOSE.

The purpose of this title is to enhance competition, safety,

and efficiency in the motor carrier industry and to enhance efficiency in government.

SEC. 204. TRANSPORTATION POLICY.

Section 10101(a)(2) (relating to transportation policy) is

amended—

(1) by redesignating subparagraphs (A) through (I) as subparagraphs (C) through (K), respectively, and

(2) by inserting before subparagraph (C) (as so redesignated) the following: ‘‘(A) encourage fair competition, and

reasonable rates for transportation by motor carriers of property; (B) promote Federal regulatory efficiency in the motor

carrier transportation system and to require fair and expeditious regulatory decisions when regulation is required;’’.

SEC. 205. EXEMPTIONS.

(a) IN GENERAL.—Section 10505 (relating to authority to exempt

rail carrier transportation) is amended—

(1) by inserting ‘‘, or a motor carrier providing transportation of property other than household goods, or in noncontiguous domestic trade,’’ after ‘‘rail carrier providing

transportation’’ in subsection (a),

(2) by inserting ‘‘section 10101 or’’ before ‘‘section 10101a’’

in subsection (a)(1) and subsection (d),

(3) by inserting ‘‘, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade,’’ after ‘‘rail carrier’’ in subsection (f), and

(4) by striking out ‘‘or’’ in subsection (g), and inserting

after ‘‘subtitle’’ the following: ‘‘, (3) to relieve a motor carrier

of property or other person from the application or enforcement

of the provisions of sections 10706, 10761, 10762, 10927, and

11707 of this title, or (4) to exempt a motor carrier of property

from the application of, and compliance with, any law, rule,

regulation, standard, or order pertaining to cargo loss and

damage; insurance; antitrust immunity for joint line rates and

routes, classification of commodities (including uniform packaging rules), uniform bills of lading, or standardized mileage

guides; or safety fitness.’’.

(b) DEFINITION.—Section 10102 (relating to definitions) is amended by redesignating paragraphs (18) through (31) as (19)
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through (32), respectively, and by inserting after paragraph (17)

the following:

‘‘(18) ‘non-contiguous domestic trade’ means motor-water

transportation subject to the jurisdiction of the Commission

under chapter 105 of this title involving traffic originating

in or destined to Alaska, Hawaii, or a territory or possession

of the United States.’’.

(c) CLERICAL AMENDMENTS.—

(1) The caption of section 10505 is amended by inserting

‘‘and motor carrier’’ after ‘‘rail carrier’’.

(2) The chapter analysis for chapter 105 is amended by

inserting ‘‘and motor carrier’’ after ‘‘rail carrier’’ in the item

relating to section 10505.

SEC. 206. TARIFF FILING.

(a) AUTHORITY TO ESTABLISH RATES.—Section 10702(b) (relating to authority for carriers to establish rates, classifications, rules,

and practices) is amended by inserting ‘‘, except a motor contract

carrier of property,’’ after ‘‘A contract carrier’’.

(b) PROHIBITION OF TRANSPORTATION WITHOUT TARIFF.—Section

10761(a) (relating to transportation prohibited without tariff) is

amended—

(1) by inserting ‘‘(excluding a motor common carrier providing transportation of property, other than household goods,

under an individually determined rate, classification, rule, or

practice, as defined in section 10102(13) or in noncontiguous

domestic trade)’’ after ‘‘chapter 105 of this title’’, and

(2) by striking out ‘‘That carrier’’ in the second sentence

and inserting ‘‘A carrier subject to this subsection’’, (3) by inserting before the period at the end of the first

sentence the following: ‘‘, except that a motor carrier of property

the application of whose rates is determined or governed by

a tariff on file with the Commission cannot collect its rates

unless the carrier is a participant in those tariffs’’, and

(4) by inserting before the period at the end of the second

sentence the following: ‘‘, except that a motor carrier of property

the application of whose rates are determined or governed

by a tariff on file with the Commission shall issue a power

of attorney to the tariff publishing agent of such tariff and,

upon its acceptance, the agent shall issue a notice to the participating carrier certifying its continuing participation in such

tariff, which certification shall be kept open for public inspection’’.

(c) GENERAL TARIFF REQUIREMENT.—Section 10762(a) (relating to general tariff requirement) is amended—

(1) by inserting ‘‘(excluding a motor common carrier providing transportation of property, other than household goods,

under an individually determined rate, classification, rule, or

practice, as defined in section 10102(13), or in noncontiguous

domestic trade)’’ after ‘‘A motor common carrier’’ in the second

sentence of paragraph (1),

(2) by inserting ‘‘(excluding a motor common carrier providing transportation of property, other than household goods,

under an individually determined rate, classification, rule, or

practice, as defined in section 10102(13), or in noncontiguous

domestic trade)’’ after ‘‘carriers’’ in the third sentence of paragraph (1),
H. R. 2178—13

(3) by striking the last sentence of paragraph (1) and

inserting the following: ‘‘A motor contract carrier of property

is not required to publish or file actual or minimum rates

under this subtitle. Except as provided in the Negotiated Rates

Act of 1993 and the amendments made by that Act, nothing

in the Trucking Industry Regulatory Reform Act of 1994 (and

the amendments made by that Act) creates any obligation for

a shipper based solely on a rate that was on file with the

Commission or elsewhere on the date of enactment of such

Act.’’, and

(4) by adding at the end the following:

‘‘(3) A motor common carrier of property (other than a

motor common carrier providing transportation of household

goods or in noncontiguous domestic trade) shall provide to

the shipper, on request of the shipper, a written or electronic

copy of the rate, classification, rules, and practices, upon which

any rate agreed to between the shipper and carrier may have

been based. When the applicability or reasonableness of the

rates and related provisions billed by a motor common carrier

is challenged by the person paying the freight charges, the

Commission shall determine whether such rates and provisions

are reasonable or applicable based on the record before it.

In those cases where a motor common carrier (other than

a motor common carrier providing transportation of household

goods or in noncontiguous domestic trade) seeks to collect

charges in addition to those billed and collected which are

contested by the payor, the carrier may request that the

Commission determine whether any additional charges over

those billed and collected must be paid. A carrier must issue

any bill for charges in addition to those originally billed within

180 days of the original bill in order to have the right to

collect such charges.

‘‘(4) If a shipper seeks to contest the charges originally

billed, the shipper may request that the Commission determine

whether the charges originally billed must be paid. A shipper

must contest the original bill within 180 days in order to

have the right to contest such charges.

‘‘(5) Any tariff on file with the Commission on the date

of enactment of the Trucking Industry Regulatory Reform Act

of 1994 not required to be filed with the Commission after

the enactment of that Act is null and void beginning on that

date.’’.

(d) PROPOSED RATE CHANGES.—

(1) COMMON CARRIERS.—Section 10762(c)(1) (relating to

proposed rate changes) is amended by inserting ‘‘(excluding

a motor common carrier providing transportation of property

other than household goods, under an individually determined

rate, classification, rule, or practice defined in section

10102(13), or in a noncontiguous domestic trade)’’ after ‘‘common carrier’’.

(2) CONTRACT CARRIERS.—Section 10762(c)(2) (relating to

proposed rate changes) is amended by inserting ‘‘(except a

motor contract carrier of property)’’ after ‘‘contract carrier’’.

(e) EFFECT ON NEGOTIATED RATES ACT.—Section 10762 (relating to general tariff requirements) is amended by adding at the

end thereof the following new subsection:
H. R. 2178—14

‘‘(j) Nothing in this section shall affect the application of the

provisions of the Negotiated Rates Act of 1993 (or the amendments

made by that Act) to undercharge claims for transportation provided

prior to the date of enactment of the Trucking Industry Regulatory

Reform Act of 1994.’’.

(f) DEFINITION.—Section 10102 (relating to definitions) is

amended—

(1) by redesignating paragraphs (13) through (32) as (14)

through (33), and

(2) by inserting after paragraph (12) the following:

‘‘(13) ‘individually determined rate, classification, rule, or

practice’ means a rate, classification, rule, or practice established by—

‘‘(A) a single motor common carrier for application

to transportation that it can provide over its line; or

‘‘(B) 2 or more interlining carriers without participation

in an organization established or continued under an agreement approved under section 10706(b) for application to

transportation that the interlining carriers can provide

jointly over their lines.’’.

SEC. 207. MOTOR COMMON CARRIER LICENSING.

(a) IN GENERAL.—Section 10922 (relating to certification of

motor and water carriers) is amended—

(1) by redesignating subsections (b) through (l) as (c)

through (m), respectively, and by inserting after subsection

(a) the following new subsection:

‘‘(b)(1) Except as provided in this section, the Commission shall

issue a certificate to a person authorizing that person to provide

transportation subject to the jurisdiction of the Commission under

subchapter II of chapter 105 of this title as a motor common

carrier of property if the Commission finds that the person is

able to comply with— ‘‘(A) this subtitle, the regulations of the Commission, and

any safety requirements imposed by the Commission, ‘‘(B) the safety fitness requirements established by the

Secretary of Transportation in consultation with the Commission under section 31144 of this title, and

‘‘(C) the minimum financial responsibility requirements

established by the Commission pursuant to section 10927 of

this title.

‘‘(2) In making a finding under paragraph (1), the Commission

shall consider and, to the extent applicable, make findings on,

any evidence demonstrating that the applicant is unable to comply

with the requirements of subparagraph (A), (B), or (C) of that

paragraph.

‘‘(3) The Commission shall find any applicant for authority

to operate as a motor carrier under this section to be unfit if

the applicant does not meet the safety and safety fitness requirements under paragraph (1)(A) or (1)(B) of this subsection and shall

deny the application.

‘‘(4) A person may protest an application under this subsection

to provide transportation only on the ground that the applicant

fails or will fail to comply with this subtitle, the regulations of

the Commission, the safety requirements of the Commission, or

the safety fitness or minimum financial responsibility requirements

of paragraph (1) of this subsection.’’.
H. R. 2178—15

(b) PUBLIC CONVENIENCE AND NECESSITY.—Section 10922(c)

(relating to public convenience and necessity) as redesignated by

subsection (a), is amended—

(1) by striking ‘‘carrier of property’’ in paragraph (1) and

inserting ‘‘carrier of household goods’’,

(2) by striking paragraphs (4) and (6) and redesignating

paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), respectively,

(3) by striking ‘‘carrier holding authority under paragraph

(4)(D) of this subsection’’ in paragraph (4) (as redesignated)

and inserting ‘‘motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor

vehicle in which no one package exceeds 100 pounds’’,

(4) by striking ‘‘of property’’ in paragraph (5) (as redesignated) and inserting ‘‘of household goods’’,

(5) by striking ‘‘of property’’ in paragraph (6) (as redesignated) and inserting ‘‘of household goods’’, and

(6) by striking ‘‘Notwithstanding the provisions of paragraph (4) of this subsection, the provisions’’ in paragraph (7)

(as redesignated) and inserting ‘‘The provisions’’.

(c) CERTIFICATE SPECIFICATIONS.—Section 10922(f)(1) (relating

to specifications for certificate), as redesignated by subsection (a)

of this section, is amended by inserting ‘‘of household goods or

passengers’’ after ‘‘motor common carrier’’.

(d) PUBLIC CONVENIENCE AND NECESSITY.—Section 10922(h)(1)

(relating to public convenience and necessity), as redesignated by

subsection (a) of this section, is amended by inserting ‘‘of household

goods or passengers’’ after ‘‘motor common carrier’’.

SEC. 208. MOTOR CONTRACT CARRIER LICENSING.

(a) AUTHORITY TO ISSUE PERMITS.—Section 10923(a) (relating to authority to issue permits) is amended by inserting ‘‘of household

goods or passengers’’ after ‘‘motor contract carrier’’. (b) MOTOR CONTRACT CARRIER PERMITS.—Section 10923 (relating to permits of motor and water contract carriers and household

goods freight forwarders) is amended by redesignating subsections

(b) through (e) as (c) through (f), respectively, and by inserting

after subsection (a) the following new subsection: ‘‘(b)(1) Except as provided in this section and section 10930

of this title, the Commission shall issue a permit to a person

authorizing the person to provide transportation subject to the

jurisdiction of the Commission under subchapter II of chapter 105

of this title as a motor contract carrier of property other than

household goods if the Commission finds that the person is able

to comply with—

‘‘(A) this subtitle, the regulations of the Commission, and

any safety requirements imposed by the Commission,

‘‘(B) the safety fitness requirements established by the

Secretary of Transportation in consultation with the Commission pursuant to section 31144 of this title, and

‘‘(C) the minimum financial responsibility requirements

established by the Commission pursuant to section 10927 of

this title.

‘‘(2) In deciding whether to approve the application of a person

for a permit as a motor contract carrier of property other than

household goods the Commission shall consider any evidence demonstrating that the applicant is unable to comply with this subtitle,
H. R. 2178—16

the regulations of the Commission, safety requirements of the

Commission, or the safety fitness and minimum financial responsibility requirements of subsection (b)(1). ‘‘(3) The Commission shall find any applicant for authority to operate as a motor carrier of property other than household

goods under this subsection to be unfit if the applicant does not

meet the safety and safety fitness requirements of paragraph (1)(A)

or (1)(B) of this subsection and shall deny the application. ‘‘(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant

fails or will fail to comply with this subtitle, the regulations of

the Commission, safety requirements of the Commission, or the

safety fitness or minimum financial responsibility requirements

of paragraph (1).’’. (c) APPLICATION FILING REQUIREMENTS.—Section 10923(c)

(relating to application filing requirements), as redesignated by

subsection (b) of this section, is amended—

(1) by striking ‘‘motor contract carrier of property’’ in para- graphs (3) and (4) and inserting ‘‘motor contract carrier of

household goods’’, (2) by striking paragraph (5) and redesignating paragraphs (6) and (7) as (5) and (6), respectively, and (3) by striking ‘‘motor contract carriers of property’’ in paragraph (5) (as redesignated) and inserting ‘‘motor contract

carriers of household goods’’.

(d) CONDITIONS OF TRANSPORTATION OR SERVICE.—Section

10923(e) (relating to conditions of transportation or service), as

redesignated by subsection (b) of this section, is amended— (1) by inserting ‘‘of passengers or household goods’’ after ‘‘contract carrier’’ in paragraph (1), and (2) by striking ‘‘each person or class of persons (and, in the case of a motor contract carrier of passengers, the number

of persons)’’ in paragraph (2) and inserting ‘‘in the case of

a motor contract carrier of passengers, the number of persons,’’.

SEC. 209. REVOCATION OF MOTOR CARRIER AUTHORITY.

Section 10925(d)(1) (relating to effective period of certificates, permits, and licenses) is amended— (1) by striking ‘‘if a motor carrier or broker’’ in subpara- graph (A) and inserting ‘‘if a motor carrier of passengers, motor

common carrier of household goods, or broker’’, (2) by striking ‘‘and’’ at the end of subparagraph (A),

(3) by redesignating subparagraph (B) as (D) and inserting after subparagraph (A) the following new subparagraphs: ‘‘(B) if a motor contract carrier of property, for failure to comply with safety requirements of the Commission

or the safety fitness requirements pursuant to section

10701, 10924(e), 10927 (b) or (d), or 31144, of this title;

‘‘(C) if a motor common carrier of property other than

household goods, for failure to comply with safety requirements of the Commission or the safety fitness requirements

pursuant to section 10701, 10702, 10924(e), 10927 (b) or

(d), or 31144 of this title; and’’.

SEC. 210. STUDY OF INTERSTATE COMMERCE COMMISSION FUNCTIONS.

(a) INTERSTATE COMMERCE COMMISSION REPORT.—The Interstate Commerce Commission shall prepare and submit to the Sec-
H. R. 2178—17

retary of Transportation and to each committee of the Congress

having jurisdiction over legislation affecting the Commission a

report identifying and analyzing all regulatory responsibilities of

the Commission. The Commission shall make recommendations

concerning specific statutory and regulatory functions of the

Commission that could be eliminated or restructured. The Commission shall submit the report within 60 days after the date of

enactment of this Act.

(b) SECRETARY OF TRANSPORTATION STUDY.—The Secretary of

Transportation shall study the feasibility and efficiency of merging

the Interstate Commerce Commission into the Department of

Transportation as an independent agency, combining it with other

Federal agencies, retaining the Interstate Commerce Commission

in its present form, eliminating the agency and transferring all

or some of its functions to the Department of Transportation or

other Federal agencies, and other organizational changes that lead

to government, transportation, or public interest efficiencies. The

study shall consider the cost savings that might be achieved, the

efficient allocation of resources, the elimination of unnecessary functions, and responsibility for regulatory functions. The Secretary

shall solicit comments from the public with respect to both the

Department’s and the Commission’s findings. The Secretary shall

submit the results of such study together with any recommendations

to the Congress within 4 months after the date of the submission

of the Interstate Commerce Commission report required in subsection (a).

SEC. 211. LIMITATION ON STATE REGULATION OF INTRASTATE

TRANSPORTATION OF PASSENGERS BY BUS.

(a) IN GENERAL.—Chapter 109 (relating to licensing) is

amended by adding at the end thereof the following new section:

‘‘§ 10936. Limitation on State regulation of intrastate passengers by bus

‘‘A State or political subdivision of a State may not enforce

any law or regulation relating to intrastate fares for the transportation of passengers by bus by an interstate motor carrier of passengers over a route authorized by the Commission.’’.

(b) CONFORMING AMENDMENTS.—

(1) Section 10521(b)(1) is amended by inserting ‘‘10936,’’

after ‘‘10935,’’.

(2) Section 11501(e) is amended—

(A) by striking all but paragraph (5),

(B) by redesignating paragraph (5) as subsection (e),

and

(C) by striking ‘‘paragraph’’ and inserting ‘‘subsection’’.
H. R. 2178—18

(3) The table of sections for subchapter IV of chapter 109

is amended by adding at the end the following new item:

‘‘10936. Limitation on State regulation of intrastate passengers by bus.’’.

SEC. 212. EFFECTIVE DATE.

This title and the amendments made by this title shall take

effect upon the enactment of this Act, except for sections 207 and

208, which shall take effect on January 1, 1995.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.