103D CONGRESS

2D SESSION H. R. 2178

AMENDMENT
★

In the Senate of the United States,

August 11, 1994.

Resolved, That the bill from the House of Representatives (H.R. 2178) entitled ‘‘An Act to amend the Hazardous

Materials Transportation Act to authorize appropriations for

fiscal years 1994, 1995, 1996, and 1997, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—HAZARDOUS MATE2 RIALS TRANSPORTATION ACT

3 AMENDMENTS

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Hazardous Materials

6 Transportation Authorization Act of 1994’’.

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

8 Except as otherwise expressly provided, whenever in

9 this title an amendment or repeal is expressed in terms of

10 an amendment to, or a repeal of, a section or other provi11 sion, the reference shall be considered to be made to a section

12 or other provision of title 49, United States Code.

13 SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

14 Section 5127(a) (relating to authorization of appro15 priations) is amended by striking out ‘‘the fiscal year end-
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1 ing September 30, 1993,’’ and inserting ‘‘fiscal year 1993,

2 $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year

3 1995, $19,100,000 for fiscal year 1996, and $19,670,000 for

4 fiscal year 1997’’.

5 SEC. 104. EXEMPTIONS FROM REQUIREMENT TO FILE REG6 ISTRATION STATEMENT.

7 Section 5108(a) (relating to persons required to file)

8 is amended by adding at the end the following new para9 graph:

10 ‘‘(4) The Secretary may waive the filing of a

11 registration statement, or the payment of a fee, re12 quired under this subsection, or both, for any person

13 not domiciled in the United States who solely offers

14 hazardous materials for transportation to the United

15 States from a place outside the United States if the

16 country of which such person is a domiciliary does

17 not require persons domiciled in the United States

18 who solely offer hazardous materials for transpor19 tation to the foreign country from places in the Unit20 ed States to file registration statements, or to pay

21 fees, for making such an offer.’’.

22 SEC. 105. PLANNING GRANTS FOR INDIAN TRIBES.

23 (a) AUTHORITY TO MAKE GRANTS.—Section

24 5116(a)(1) (relating to planning grants) is amended—
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1 (1) by inserting ‘‘and Indian tribes’’ after

2 ‘‘States’’ the first place it appears; and

3 (2) by striking ‘‘in a State and between States’’

4 and inserting ‘‘on lands under the jurisdiction of a

5 State or Indian tribe, and between lands under the

6 jurisdiction of a State or Indian tribe and lands of

7 another State or Indian tribe’’.

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

9 (relating to planning grants) is amended—

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

11 the first and third places it appears;

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

13 appears;

14 (3) by inserting ‘‘the State or Indian tribe’’ be15 fore ‘‘certifies’’; and

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

17 (c) COORDINATION OF PLANNING.—Section 5116(a)

18 (relating to planning grants in general) is amended by add19 ing at the end the following new paragraph:

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

21 under this subsection shall ensure that planning

22 under the grant is coordinated with emergency plan23 ning conducted by adjacent States and Indian

24 tribes.’’.
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1 SEC. 106. TRAINING CRITERIA FOR SAFE HANDLING AND

2 TRANSPORTATION.

3 Section 5107(d) (relating to coordination of training

4 requirements) is amended—

5 (1) by inserting ‘‘or duplicate’’ after ‘‘conflict

6 with’’; and

7 (2) by striking ‘‘hazardous waste operations

8 and’’ and inserting ‘‘hazard communication, and haz9 ardous waste operations, and’’.

10 SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITI11 CAL SUBDIVISIONS, AND INDIAN TRIBES.

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

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

14 (2) by adding at the end the following:

15 ‘‘(2) A State or political subdivision thereof or

16 Indian tribe that levies a fee in connection with the

17 transportation of hazardous materials shall, upon the

18 Secretary’s request, report to the Secretary on—

19 ‘‘(A) the basis on which the fee is levied

20 upon persons involved in such transportation;

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

22 from the fee are used;

23 ‘‘(C) the annual total amount of the reve24 nues collected from the fee; and

25 ‘‘(D) such other matters as the Secretary re26 quests.’’.
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1 SEC. 108. ANNUAL REPORT.

2 Section 5121(e) (relating to annual report) is amend3 ed—

4 (1) by striking ‘‘Annual’’ in the subsection head5 ing, and

6 (2) by striking the first sentence and inserting

7 the following: ‘‘The Secretary shall, once every 2

8 years, prepare and submit to the President for trans9 mittal to the Congress a comprehensive report on the

10 transportation of hazardous materials during the pre11 ceding 2 calendar years.’’.

12 SEC. 109. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

13 (a) IN GENERAL.—In implementing the Intelligent Ve14 hicle-Highway Systems Act of 1991 (23 U.S.C. 307 note),

15 the Secretary of Transportation shall ensure that the Na16 tional Intelligent Vehicle-Highway Systems Program ad17 dresses, in a comprehensive and coordinated manner, the

18 use of intelligent vehicle-highway system technologies to

19 promote hazardous materials transportation safety. The

20 Secretary of Transportation shall ensure that 2 or more

21 operational tests funded under such Act shall promote such

22 safety and advance technology for providing information to

23 persons who provide emergency response to hazardous mate24 rials transportation incidents.

25 (b) GRANTS FOR CERTAIN EMERGENCY RESPONSE IN26 FORMATION TECHNOLOGIES.—
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1 (1) In carrying out one of the operational tests

2 under subsection (a), the Secretary of Transportation

3 may make grants to one or more persons, including

4 a State or local government or department, agency, or

5 instrumentality thereof, to demonstrate the feasibility

6 of establishing and operating computerized tele7 communications emergency response information

8 technologies that are used—

9 (A) to identify the contents of shipments of

10 hazardous materials transported by motor car11 riers;

12 (B) to permit retrieval of data on shipments

13 of hazardous materials transported by motor car14 riers;

15 (C) to link systems that identify, store, and

16 allow the retrieval of data for emergency re17 sponse to incidents and accidents involving

18 transportation of hazardous materials by motor

19 carrier; and

20 (D) to provide information to facilitate re21 sponses to accidents and incidents involving haz22 ardous materials shipments by motor carriers ei23 ther directly or through linkage with other sys24 tems.
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1 (2) Any project carried out with a grant under

2 this subsection must involve two or more motor car3 riers of property. One of the motor carriers selected to

4 participate in the project must be a carrier that

5 transports mostly hazardous materials. The other

6 motor carrier selected must be a regular-route com7 mon carrier that specializes in transporting less-than8 truckload shipments. The motor carriers selected may

9 be engaged in multimodal movements of hazardous

10 materials with other motor carriers, rail carriers, or

11 water carriers.

12 (3) To the maximum extent practicable, the Sec13 retary of Transportation shall coordinate a project

14 under this subsection with any existing Federal,

15 State, and local government projects and private

16 projects which are similar to the project under this

17 subsection. The Secretary may require that a project

18 under this subsection be carried out in conjunction

19 with such similar Federal, State, and local govern20 ment projects and private projects.

21 SEC. 110. RAIL TANK CAR SAFETY.

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

23 this Act, the Secretary of Transportation shall issue final

24 regulations under the following:
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1 (1) The rulemaking proceeding under Docket

2 HM–175A entitled ‘‘Crashworthiness Protection Re3 quirements for Tank Cars’’.

4 (2) The rulemaking proceeding under Docket

5 HM–201 entitled ‘‘Detection and Repair of Cracks,

6 Pits, Corrosion, Lining Flaws, Thermal Protection

7 Flaws and Other Defects of Tank Car Tanks’’.

8 SEC. 111. SAFE PLACEMENT OF TRAIN CARS.

9 The Secretary of Transportation shall conduct a study

10 of existing practices regarding the placement of cars on

11 trains, with particular attention to the placement of cars

12 that carry hazardous materials. In conducting the study,

13 the Secretary shall consider whether such placement prac14 tices increase the risk of derailment, hazardous materials

15 spills, or tank ruptures or have any other adverse effect on

16 safety. The results of the study shall be submitted to Con17 gress within 1 year after the date of enactment of this Act.

18 SEC. 112. GRADE CROSSING SAFETY.

19 The Secretary of Transportation shall, within 6

20 months after the date of enactment of this Act, amend regu21 lations—

22 (1) under chapter 51 of title 49, United States

23 Code, (relating to transportation of hazardous mate24 rials) to prohibit the driver of a motor vehicle trans25 porting hazardous materials in commerce, and
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1 (2) under chapter 315 of such title (relating to

2 motor carrier safety) to prohibit the driver of any

3 commercial motor vehicle,

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

5 crossing without having sufficient space to drive completely

6 through the crossing without stopping.

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

8 (a) IN GENERAL.—

9 (1) The Secretary of Transportation shall pre10 scribe regulations amending part 395 of title 49, Code

11 of Federal Regulations, to improve—

12 (A) compliance by commercial motor vehicle

13 drivers and motor carriers with hours of service

14 requirements; and

15 (B) the effectiveness and efficiency of Fed16 eral and State enforcement officers reviewing

17 such compliance.

18 (2) Such regulations shall be proposed not later

19 than 12 months after the date of enactment of this Act

20 and shall be issued and become effective not later than

21 18 months after such date of enactment. In prescrib22 ing the regulations, the Secretary of Transportation

23 shall ensure that compliance can be achieved at a cost

24 that is reasonable to drivers and motor carriers.
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1 (b) CONTENTS OF REGULATIONS.—Such regulations

2 shall include the following:

3 (1) A description of identification items (which

4 include either driver name or vehicle number) that

5 shall be part of a written or electronic document to

6 enable such written or electronic document to be used

7 by a motor carrier or by an enforcement officer as a

8 supporting document to verify the accuracy of a driv9 er’s record of duty status.

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

11 frequency of supporting documents that must be re12 tained by a motor carrier so as to allow verification

13 of the accuracy of such documents at a reasonable

14 cost, to the driver and the motor carrier, of record ac15 quisition and retention.

16 (3) A provision specifying the period during

17 which supporting documents shall be retained by the

18 motor carrier. The period shall be at least 6 months

19 from the date of a document’s receipt.

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

21 basis, motor carrier self-compliance systems that en22 sure driver compliance with hours of service require23 ments and allow Federal and State enforcement offi24 cers the opportunity to conduct independent audits of

25 such systems to validate compliance with section
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1 395.8(k) of title 49, Code of Federal Regulations (or

2 successor regulations thereto). Such authorization

3 may also be provided by the Secretary to a group of

4 motor carriers that meet specific conditions that may

5 be established by regulation by the Secretary and that

6 are subject to audit by Federal and State enforcement

7 officers.

8 (5) A provision to allow a waiver, on a case-by9 case basis, of certain requirements of section 395.8(k)

10 of title 49, Code of Federal Regulations (or successor

11 regulations thereto), when sufficient supporting docu12 mentation is provided directly and at a satisfactory

13 frequency to enforcement personnel by an intelligent

14 vehicle-highway system, as defined by section 6059 of

15 the Intelligent Vehicle-Highway Systems Act of 1991

16 (23 U.S.C. 307 note). Such waiver may also be al17 lowed for a group of motor carriers that meet specific

18 conditions that may be established by regulation by

19 the Secretary.

20 (c) SUPPORTING DOCUMENT DEFINED.—For purposes

21 of this section, a supporting document is any document that

22 is generated or received by a motor carrier or commercial

23 motor vehicle driver in the normal course of business that

24 could be used, as produced or with additional identifying
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1 information, to verify the accuracy of a driver’s record of

2 duty status.

3 SEC. 114. SAFETY PERFORMANCE HISTORY OF NEW DRIV4 ERS.

5 (a) AMENDMENT OF REGULATIONS.—Within 18

6 months after the date of enactment of this Act, the Secretary

7 of Transportation shall amend section 391.23 of title 49,

8 Code of Federal Regulations (or successor regulations there9 to), to—

10 (1) specify the safety information that must be

11 sought under that section by a motor carrier with re12 spect to a driver;

13 (2) require that such information be requested

14 from former employers and that former employers

15 furnish the requested information within 30 days

16 after receiving the request; and

17 (3) ensure that the driver to whom such informa18 tion applies has a reasonable opportunity to review

19 and comment on the information.

20 (b) SAFETY INFORMATION.—The safety information

21 required to be specified under subsection (a)(1) shall include

22 information on—

23 (1) any motor vehicle accidents in which the

24 driver was involved during the preceding 3 years;
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1 (2) any failure of the driver, during the preced2 ing 3 years, to undertake or complete a rehabilitation

3 program under section 31302 of title 49, United

4 States States Code (relating to limitation on the

5 number of driver’s licenses) after being found to have

6 used, in violation of law or Federal regulation, alco7 hol or a controlled substance;

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

9 3 years, in violation of law or Federal regulation, of

10 alcohol or a controlled substance subsequent to com11 pleting such a rehabilitation program; and

12 (4) any other matters determined by the Sec13 retary of Transportation to be appropriate and useful

14 for determining the driver’s safety performance.

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

16 a former employer is any person who employed the driver

17 in the preceding 3 years.

18 SEC. 115. RETENTION OF SHIPPING PAPERS.

19 Section 5110 (relating to shipping papers and disclo20 sure) is amended by adding at the end the following new

21 subsection:

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

23 material to which a shipping paper provided to a carrier

24 under subsection (a) applies is no longer in transportation,

25 the person who provided the shipping paper and the carrier
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1 required to maintain it under subsection (a) shall retain

2 the paper or electronic image thereof for a period of 1 year

3 to be accessible through their respective principal places of

4 business. Such person and carrier shall, upon request, make

5 the shipping paper available to a Federal, State, or local

6 government agency at reasonable times and locations.’’.

7 SEC. 116. TOLL FREE NUMBER FOR REPORTING.

8 The Secretary of Transportation shall designate a toll

9 free telephone number for transporters of hazardous mate10 rials and other individuals to report to the Secretary pos11 sible violations of chapter 51 of title 49, United States Code,

12 or any order or regulation issued under that chapter.

13 SEC. 117. TECHNICAL CORRECTIONS.

14 (a) AMENDMENTS RELATING TO PACKAGING.—

15 (1) Sections 5102(3)(C)(ii) and 5102(4)(A)(iii)

16 are each amended by striking ‘‘packages’’ and insert17 ing ‘‘packagings’’.

18 (2) Sections 5103(b)(1)(A)(iii), 5121(c)(1)(A),

19 5125(b)(1)(E), and 5126(a) are each amended by

20 striking ‘‘a package or’’ and inserting ‘‘a packaging

21 or a’’.

22 (3) Section 5108(a)(1)(D) is amended—

23 (A) by striking ‘‘a bulk package’’ and in24 serting in lieu thereof ‘‘a bulk packaging’’; and
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1 (B) by striking ‘‘the package’’ and inserting

2 ‘‘the bulk packaging’’.

3 (b) OTHER.—Section 5104(a)(1) is amended by strik4 ing ‘‘or package’’ each place it appears and inserting ‘‘,

5 package, or packaging (or a component of a container,

6 package, or packaging)’’.

7 SEC. 118. HOURS OF SERVICE RULEMAKING FOR FARMERS

8 AND RETAIL FARM SUPPLIERS.

9 Not later than 3 months after the date of enactment

10 of this Act the Secretary of Transportation shall initiate

11 a rulemaking proceeding to determine whether or not the

12 requirements of section 395.3 of title 49, Code of Federal

13 Regulations, relating to hours of service, may be waived for

14 farmers and retail farm suppliers when such farmers and

15 retail farm suppliers are transporting crops or farm sup16 plies for agricultural purposes within a 50-mile radius of

17 their distribution point or farm.

18 SEC. 119. TRAINING.

19 (a) SUPPLEMENTAL PUBLIC SECTOR TRAINING

20 GRANTS.—Section 5116 (relating to planning and training

21 grants, monitoring, and review) is amended by adding at

22 the end the following new subsections:

23 ‘‘(j) SUPPLEMENTAL TRAINING GRANTS.—

24 ‘‘(1) In order to further the purposes of sub25 section (b), the Secretary shall, subject to the avail-
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1 ability of funds, make grants to national nonprofit

2 employee organizations engaged solely in fighting

3 fires for the purpose of training instructors to conduct

4 hazardous materials response training programs for

5 individuals with statutory responsibility to respond

6 to hazardous materials accidents and incidents.

7 ‘‘(2) For the purposes of this subsection the Sec8 retary, after consultation with interested organiza9 tions, shall—

10 ‘‘(A) identify regions or locations in which

11 fire departments or other organizations which

12 provide emergency response to hazardous mate13 rials transportation accidents and incidents are

14 in need of hazardous materials training; and

15 ‘‘(B) prioritize such needs and develop a

16 means for identifying additional specific train17 ing needs.

18 ‘‘(3) Funds granted to an organization under

19 this subsection shall only be used—

20 ‘‘(A) to train instructors to conduct hazard21 ous materials response training programs;

22 ‘‘(B) to purchase training equipment used

23 exclusively to train instructors to conduct such

24 training programs; and
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1 ‘‘(C) to disseminate such information and

2 materials as are necessary for the conduct of

3 such training programs.

4 ‘‘(4) The Secretary may only make a grant to an

5 organization under this subsection in a fiscal year if

6 the organization enters into an agreement with the

7 Secretary to train instructors to conduct hazardous

8 materials response training programs in such fiscal

9 year that will use—

10 ‘‘(A) a course or courses developed or identi11 fied under subsection )/(g); or

12 ‘‘(B) other courses which the Secretary de13 termines are consistent with the objectives of this

14 subsection;

15 for training individuals with statutory responsibility

16 to respond to accidents and incidents involving haz17 ardous materials. Such agreement also shall provide

18 that training courses shall be open to all such indi19 viduals on a nondiscriminatory basis.

20 ‘‘(5) The Secretary may impose such additional

21 terms and conditions on grants to be made under this

22 subsection as the Secretary determines are necessary

23 to protect the interests of the United States and to

24 carry out the objectives of this subsection.
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1 ‘‘(k) REPORTS.—Not later than September 30, 1997,

2 the Secretary shall submit to Congress a report on the allo3 cation and uses of training grants authorized under sub4 section (b) for fiscal year 1993 through fiscal year 1996

5 and grants authorized under subsection (j) and section 5107

6 for fiscal years 1995 and 1996. Such report shall identify

7 the ultimate recipients of training grants and include a de8 tailed accounting of all grant expenditures by grant recipi9 ents, the number of persons trained under the grant pro10 grams, and an evaluation of the efficacy of training pro11 grams carried out.’’.

12 (b) FUNDING.—Section 5127(b) (relating to appro13 priations for hazmat employee training) is amended—

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

15 (2) by adding at the end the following:

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

17 for carrying out section 5116(j), from amounts in the

18 account established pursuant to section 5116(i),

19 $250,000 for each of fiscal years 1995, 1996, 1997,

20 and 1998.

21 ‘‘(B) In addition to amounts made available

22 under subparagraph (A), there is authorized to be ap23 propriated to the Secretary for carrying out section

24 5116(j) $1,000,000 for each of the fiscal years 1995,

25 1996, 1997, and 1998.’’.
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1 (c) HAZMAT EMPLOYEE TRAINING PROGRAM.—

2 (1) The first sentence of section 5107(e) (relating

3 to hazmat employee training requirements and

4 grants) is amended to read as follows: ‘‘The Secretary

5 shall, subject to the availability of funds under section

6 5127(c)(3), make grants for training instructors to

7 train hazmat employees under this section.’’.

8 (2) The second sentence of such section is amend9 ed by inserting ‘‘hazmat employee’’ after ‘‘nonprofit’’.

10 (3) Section 5107 (relating to hazmat employee

11 training requirements and grants) is amended by

12 adding at the end thereof the following new sub13 section:

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

15 (e) shall supplant or replace existing employer-provided

16 hazardous materials training efforts or obligations.’’.

17 (4) Section 5127(b)(1) (relating to hazmat em18 ployee training funding) is amended to read as fol19 lows:

20 ‘‘(b) TRAINING OF HAZMAT EMPLOYEE INSTRUC21 TORS.—(1) There is authorized to be appropriated to the

22 Secretary $3,000,000 for each of fiscal years 1995, 1996,

23 1997, and 1998 to carry out section 5107(e).’’.

24 (d) CONFORMING AMENDMENTS.—
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1 (1) Section 5108(g)(2)(A)(viii) is amended by

2 striking ‘‘5107(e),’’.

3 (2) Section 5116(i)(1) is amended by striking

4 ‘‘and section 5107(e)’’.

5 (3) Section 5116(i)(3) is amended by striking

6 ‘‘and section 5107(e)’’.

7 SEC. 120. TIME FOR SECRETARIAL ACTION.

8 (a) EXEMPTIONS.—Section 5117 (relating to exemp9 tions and exclusions) is amended—

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

11 (d) and (e) respectively, and

12 (2) by inserting after subsection (b) the follow13 ing:

14 ‘‘(c) APPLICATIONS TO BE DEALT WITH PROMPTLY.—

15 The Secretary shall issue or renew the exemption for which

16 an application was filed or deny such issuance or renewal

17 within 180 days after the first day of the month following

18 the date of the filing of such application, or the Secretary

19 shall publish a statement in the Federal Register of the rea20 son why the Secretary’s decision on the exemption is de21 layed, along with an estimate of the additional time nec22 essary before the decision is made.’’.

23 (b) DECISIONS ON PREEMPTION.—Section 5125(d) (re24 lating to decisions on preemption) is amended by inserting

25 immediately after the second sentence the following: ‘‘The
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1 Secretary shall issue a decision on an application for a de2 termination within 180 days after the date of the publica3 tion of the notice of having received such application, or

4 the Secretary shall publish a statement in the Federal Reg5 ister of the reason why the Secretary’s decision on the appli6 cation is delayed, along with an estimate of the additional

7 time necessary before the decision is made.’’.

8 SEC. 121. STUDY OF HAZARDOUS MATERIALS TRANSPOR9 TATION BY MOTOR CARRIERS NEAR FEDERAL

10 PRISONS.

11 (a) STUDY.—The Secretary of Transportation shall

12 conduct a study to determine the safety considerations of

13 transporting hazardous materials by motor carriers in close

14 proximity to Federal prisons, particularly those housing

15 maximum security prisoners. Such study shall include an

16 evaluation of the ability of such facilities and the designated

17 local planning agencies to safely evacuate such prisoners

18 in the event of an emergency and any special training,

19 equipment, or personnel that would be required by such fa20 cility and the designated local emergency planning agencies

21 to carry out such evacuation. Such study shall not apply

22 to or address issues concerning rail transportation of haz23 ardous materials.

24 (b) REPORT.—Not later than 1 year after the date of

25 the enactment of this Act, the Secretary of Transportation
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1 shall transmit to Congress a report on the results of the

2 study conducted under this section, along with the Sec3 retary’s recommendations for any legislative or regulatory

4 changes to enhance the safety regarding the transportation

5 of hazardous materials by motor carriers near Federal pris6 ons.

7 SEC. 122. USE OF FIBER DRUM PACKAGING.

8 (a) INITIATION OF RULEMAKING PROCEEDING.—Not

9 later than the 60th day following the date of enactment of

10 this Act, the Secretary of Transportation shall initiate a

11 rulemaking proceeding to determine whether the require12 ments of section 5103(b) of title 49, United States Code (re13 lating to regulations for safe transportation) as they per14 tain to open head fiber drum packaging can be met for the

15 domestic transportation of liquid hazardous materials (with

16 respect to those classifications of liquid hazardous materials

17 transported by such drums pursuant to regulations in effect

18 on September 30, 1991) with standards other than the per19 formance-oriented packaging standards adopted under

20 docket number HM–181 contained in part 178 of title 49,

21 Code of Federal Regulations.

22 (b) ISSUANCE OF STANDARDS.—If the Secretary of

23 Transportation determines, as a result of the rulemaking

24 proceeding initiated under subsection (a), that a packaging

25 standard other than the performance-oriented packaging
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1 standards referred to in subsection (a) will provide an equal

2 or greater level of safety for the domestic transportation of

3 liquid hazardous materials than would be provided if such

4 performance-oriented packaging standards were in effect,

5 the Secretary shall issue regulations which implement such

6 other standard and which take effect before October 1, 1996.

7 (c) COMPLETION OF RULEMAKING PROCEEDING.—The

8 rulemaking proceeding initiated under subsection (a) shall

9 be completed before October 1, 1995.

10 (d) LIMITATIONS.—

11 (1) The provisions of subsections (a), (b), and (c)

12 shall not apply to packaging for those hazardous ma13 terials regulated by the Department of Transportation

14 as poisonous by inhalation under chapter 51 of title

15 49, United States Code.

16 (2) Nothing in this section shall be construed to

17 prohibit the Secretary of Transportation from issuing

18 or enforcing regulations for the international trans19 portation of hazardous materials.

20 SEC. 123. BUY AMERICA.

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

22 the funds made available under this title may be expended

23 in violation of sections 2 through 4 of the Act of March

24 3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy

25 American Act’’), which are applicable to those funds.
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1 (b) SENSE OF CONGRESS; REQUIREMENT REGARDING

2 NOTICE.—

3 (1) In the case of any equipment or products

4 that may be authorized to be purchased with finan5 cial assistance provided under this title, it is the sense

6 of Congress that entities receiving such assistance

7 should, in expending such assistance, purchase only

8 American-made equipment and products.

9 (2) In providing financial assistance under this

10 title, the Secretary of Transportation shall provide to

11 each recipient of the assistance a notice describing the

12 statement made in paragraph (1) by Congress.

13 (c) PROHIBITION OF CONTRACTS.—If it has been fi14 nally determined by a court or Federal agency that any

15 person intentionally affixed a label bearing a ‘‘Made in

16 America’’ inscription, or any inscription with the same

17 meaning, to any product sold in or shipped to the United

18 States that is not made in the United States, such person

19 shall be ineligible to receive any contract or subcontract

20 made with funds provided pursuant to this title, pursuant

21 to the debarment, suspension, and ineligibility procedures

22 described in sections 9.400 through 9.409 of title 48, Code

23 of Federal Regulations.

24 (d) RECIPROCITY.—
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1 (1) Except as provided in paragraph (2), no con2 tract or subcontract may be made with funds author3 ized under this title to a company organized under

4 the laws of a foreign country unless the Secretary of

5 Transportation finds that such country affords com6 parable opportunities to companies organized under

7 laws of the United States.

8 (2)(A) Secretary of Transportation may waive

9 the provisions of paragraph (1) if the products or

10 services required are not reasonably available from

11 companies organized under the laws of the United

12 States. Any such waiver shall be reported to Congress.

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

14 that to do so would violate the General Agreement on

15 Tariffs and Trade or any other international agree16 ment to which the United States is a party.

17 TITLE II—TRUCKING INDUSTRY

18 REGULATORY REFORM

19 SEC. 201. SHORT TITLE.

20 This title may by cited as the ‘‘Trucking Industry Reg21 ulatory Reform Act of 1994’’.

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

23 Except as otherwise expressly provided, whenever in

24 this title an amendment or repeal is expressed in terms of

25 an amendment to, or repeal of, a section or other provision,
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1 the reference shall be considered to be made to a section or

2 other provision of title 49, United States Code.

3 SEC. 203. PURPOSE.

4 The purpose of this title is to enhance competition,

5 safety, and efficiency in the motor carrier industry and to

6 enhance efficiency in government.

7 SEC. 204. TRANSPORTATION POLICY.

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

9 is amended—

10 (1) by redesignating subparagraphs (A) through

11 (I) as subparagraphs (C) through (K), respectively,

12 and

13 (2) by inserting before subparagraph (C) (as so

14 redesignated) the following: ‘‘(A) encourage fair com15 petition, and reasonable rates for transportation by

16 motor carriers of property; (B) promote Federal regu17 latory efficiency in the motor carrier transportation

18 system and to require fair and expeditious regulatory

19 decisions when regulation is required;’’.

20 SEC. 205. EXEMPTIONS.

21 (a) IN GENERAL.—Section 10505 (relating to author22 ity to exempt rail carrier transportation) is amended—

23 (1) by inserting ‘‘, or a motor carrier providing

24 transportation of property other than household

25 goods, or in non-contiguous domestic trade,’’ after
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1 ‘‘rail carrier providing transportation’’ in subsection

2 (a),

3 (2) by inserting ‘‘section 10101 or’’ before ‘‘sec4 tion 10101a’’ in subsection (a)(1) and subsection (d),

5 (3) by inserting ‘‘, or a motor carrier providing

6 transportation of property other than household

7 goods, or in non-contiguous domestic trade,’’ after

8 ‘‘rail carrier’’ in subsection (f), and

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

10 inserting after ‘‘subtitle’’ the following: ‘‘, (3) to re11 lieve a motor carrier of property or other person from

12 the application or enforcement of the provisions of

13 sections 10706, 10761, 10762, 10927, and 11707 of

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

15 from the application of, and compliance with, any

16 law, rule, regulation, standard, or order pertaining to

17 cargo loss and damage; insurance; antitrust immu18 nity for joint line rates and routes, classification of

19 commodities (including uniform packaging rules),

20 uniform bills of lading, or standardized mileage

21 guides; or safety fitness.’’.

22 (b) DEFINITION.—Section 10102 (relating to defini23 tions) is amended by redesignating paragraphs (18)

24 through (31) as (19) through (32), respectively, and by in25 serting after paragraph (17) the following:
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1 ‘‘(18) ‘non-contiguous domestic trade’ means

2 motor-water transportation subject to the jurisdiction

3 of the Commission under chapter 105 of this title in4 volving traffic originating in or destined to Alaska,

5 Hawaii, or a territory or possession of the United

6 States.’’.

7 (c) CLERICAL AMENDMENTS.—

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

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

10 (2) The chapter analysis for chapter 105 is

11 amended by inserting ‘‘and motor carrier’’ after ‘‘rail

12 carrier’’ in the item relating to section 10505.

13 SEC. 206. TARIFF FILING.

14 (a) AUTHORITY TO ESTABLISH RATES.—Section

15 10702(b) (relating to authority for carriers to establish

16 rates, classifications, rules, and practices) is amended by

17 inserting ‘‘, except a motor contract carrier of property,’’

18 after ‘‘A contract carrier’’.

19 (b) PROHIBITION OF TRANSPORTATION WITHOUT TAR20 IFF.—Section 10761(a) (relating to transportation prohib21 ited without tariff) is amended—

22 (1) by inserting ‘‘(excluding a motor common

23 carrier providing transportation of property, other

24 than household goods, under an individually deter25 mined rate, classification, rule, or practice, as defined
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1 in section 10102(13) or in noncontiguous domestic

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

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

4 sentence and inserting ‘‘A carrier subject to this sub5 section’’,

6 (3) by inserting before the period at the end of

7 the first sentence the following: ‘‘, except that a motor

8 carrier of property the application of whose rates is

9 determined or governed by a tariff on file with the

10 Commission cannot collect its rates unless the carrier

11 is a participant in those tariffs’’, and

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

13 the second sentence the following: ‘‘, except that a

14 motor carrier of property the application of whose

15 rates are determined or governed by a tariff on file

16 with the Commission shall issue a power of attorney

17 to the tariff publishing agent of such tariff and, upon

18 its acceptance, the agent shall issue a notice to the

19 participating carrier certifying its continuing par20 ticipation in such tariff, which certification shall be

21 kept open for public inspection’’.

22 (c) GENERAL TARIFF REQUIREMENT.—Section

23 10762(a) (relating to general tariff requirement) is amend24 ed—
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1 (1) by inserting ‘‘(excluding a motor common

2 carrier providing transportation of property, other

3 than household goods, under an individually deter4 mined rate, classification, rule, or practice, as defined

5 in section 10102(13), or in noncontiguous domestic

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

7 sentence of paragraph (1),

8 (2) by inserting ‘‘(excluding a motor common

9 carrier providing transportation of property, other

10 than household goods, under an individually deter11 mined rate, classification, rule, or practice, as defined

12 in section 10102(13), or in noncontiguous domestic

13 trade)’’ after ‘‘carriers’’ in the third sentence of para14 graph (1),

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

16 and inserting the following: ‘‘A motor contract carrier

17 of property is not required to publish or file actual

18 or minimum rates under this subtitle. Except as pro19 vided in the Negotiated Rates Act of 1993 and the

20 amendments made by that Act, nothing in the Truck21 ing Industry Regulatory Reform Act of 1994 (and the

22 amendments made by that Act) creates any obligation

23 for a shipper based solely on a rate that was on file

24 with the Commission or elsewhere on the date of en25 actment of such Act.’’, and
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1 (4) by adding at the end the following:

2 ‘‘(3) A motor common carrier of property (other

3 than a motor common carrier providing transpor4 tation of household goods or in noncontiguous domes5 tic trade) shall provide to the shipper, on request of

6 the shipper, a written or electronic copy of the rate,

7 classification, rules, and practices, upon which any

8 rate agreed to between the shipper and carrier may

9 have been based. When the applicability or reason10 ableness of the rates and related provisions billed by

11 a motor common carrier is challenged by the person

12 paying the freight charges, the Commission shall de13 termine whether such rates and provisions are reason14 able or applicable based on the record before it. In

15 those cases where a motor common carrier (other than

16 a motor common carrier providing transportation of

17 household goods or in noncontiguous domestic trade)

18 seeks to collect charges in addition to those billed and

19 collected which are contested by the payor, the carrier

20 may request that the Commission determine whether

21 any additional charges over those billed and collected

22 must be paid. A carrier must issue any bill for

23 charges in addition to those originally billed within

24 180 days of the original bill in order to have the right

25 to collect such charges.
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1 ‘‘(4) If a shipper seeks to contest the charges

2 originally billed, the shipper may request that the

3 Commission determine whether the charges originally

4 billed must be paid. A shipper must contest the origi5 nal bill within 180 days in order to have the right

6 to contest such charges.

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

8 the date of enactment of the Trucking Industry Regu9 latory Reform Act of 1994 not required to be filed

10 with the Commission after the enactment of that Act

11 is null and void beginning on that date.’’.

12 (d) PROPOSED RATE CHANGES.—

13 (1) COMMON CARRIERS.—Section 10762(c)(1)

14 (relating to proposed rate changes) is amended by in15 serting ‘‘(excluding a motor common carrier provid16 ing transportation of property other than household

17 goods, under an individually determined rate, classi18 fication, rule, or practice defined in section

19 10102(13), or in a noncontiguous domestic trade)’’

20 after ‘‘common carrier’’.

21 (2) CONTRACT CARRIERS.—Section 10762(c)(2)

22 (relating to proposed rate changes) is amended by in23 serting ‘‘(except a motor contract carrier of prop24 erty)’’ after ‘‘contract carrier’’.
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1 (e) EFFECT ON NEGOTIATED RATES ACT.—Section

2 10762 (relating to general tariff requirements) is amended

3 by adding at the end thereof the following new subsection:

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

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

6 the amendments made by that Act) to undercharge claims

7 for transportation provided prior to the date of enactment

8 of the Trucking Industry Regulatory Reform Act of 1994.’’.

9 (f) DEFINITION.—Section 10102 (relating to defini10 tions) is amended—

11 (1) by redesignating paragraphs (13) through

12 (31) as (14) through (32), and

13 (2) by inserting after paragraph (12) the follow14 ing:

15 ‘‘(13) ‘individually determined rate, classifica16 tion, rule, or practice’ means a rate, classification,

17 rule, or practice established by—

18 ‘‘(A) a single motor common carrier for ap19 plication to transportation that it can provide

20 over its line; or

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

22 participation in an organization established or

23 continued under an agreement approved under

24 section 10706(b) for application to transpor-
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1 tation that the interlining carriers can provide

2 jointly over their lines.’’.

3 SEC. 207. MOTOR COMMON CARRIER LICENSING.

4 (a) IN GENERAL.—Section 10922 (relating to certifi5 cation of motor and water carriers) is amended—

6 (1) by redesignating subsections (b) through (l)

7 as (c) through (m), respectively, and by inserting

8 after subsection (a) the following new subsection:

9 ‘‘(b)(1) Except as provided in this section, the Com10 mission shall issue a certificate to a person authorizing that

11 person to provide transportation subject to the jurisdiction

12 of the Commission under subchapter II of chapter 105 of

13 this title as a motor common carrier of property if the Com14 mission finds that the person is able to comply with—

15 ‘‘(A) this subtitle, the regulations of the

16 Commission, and any safety requirements im17 posed by the Commission,

18 ‘‘(B) the safety fitness requirements estab19 lished by the Secretary of Transportation in con20 sultation with the Commission under section

21 31144 of this title, and

22 ‘‘(C) the minimum financial responsibility

23 requirements established by the Commission pur24 suant to section 10927 of this title.
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1 ‘‘(2) In making a finding under paragraph (1),

2 the Commission shall consider and, to the extent ap3 plicable, make findings on, any evidence demonstrat4 ing that the applicant is unable to comply with the

5 requirements of subparagraph (A), (B), or (C) of that

6 paragraph.

7 ‘‘(3) The Commission shall find any applicant

8 for authority to operate as a motor carrier under this

9 section to be unfit if the applicant does not meet the

10 safety and safety fitness requirements under para11 graph (1)(A) or (1)(B) of this subsection and shall

12 deny the application.

13 ‘‘(4) A person may protest an application under

14 this subsection to provide transportation only on the

15 ground that the applicant fails or will fail to comply

16 with this subtitle, the regulations of the Commission,

17 the safety requirements of the Commission, or the

18 safety fitness or minimum financial responsibility re19 quirements of paragraph (1) of this subsection.’’.

20 (b) PUBLIC CONVENIENCE AND NECESSITY.—Section

21 10922(c) (relating to public convenience and necessity) as

22 redesignated by subsection (a), is amended—

23 (1) by striking ‘‘carrier of property’’ in para24 graph (1) and inserting ‘‘carrier of household goods’’,
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1 (2) by striking paragraphs (4) and (6) and re2 designating paragraphs (5), (7), (8), and (9) as (4),

3 (5), (6), and (7), respectively,

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

5 paragraph (4)(D) of this subsection’’ in paragraph

6 (4) (as redesignated) and inserting ‘‘motor carrier

7 providing transportation of shipments weighing 100

8 pounds or less transported in a motor vehicle in

9 which no one package exceeds 100 pounds’’,

10 (4) by striking ‘‘of property’’ in paragraph (5)

11 (as redesignated) and inserting ‘‘of household goods’’,

12 (5) by striking ‘‘of property’’ in paragraph (6)

13 (as redesignated) and inserting ‘‘of household goods’’,

14 and

15 (6) by striking ‘‘Notwithstanding the provisions

16 of paragraph (4) of this subsection, the provisions’’ in

17 paragraph (7) (as redesignated) and inserting ‘‘The

18 provisions’’.

19 (c) CERTIFICATE SPECIFICATIONS.—Section

20 10922(f)(1) (relating to specifications for certificate), as re21 designated by subsection (a) of this section, is amended by

22 inserting ‘‘of household goods or passengers’’ after ‘‘motor

23 common carrier’’.

24 (d) PUBLIC CONVENIENCE AND NECESSITY.—Section

25 10922(h)(1) (relating to public convenience and necessity),
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1 as redesignated by subsection (a) of this section, is amended

2 by inserting ‘‘of household goods or passengers’’ after

3 ‘‘motor common carrier’’.

4 SEC. 208. MOTOR CONTRACT CARRIER LICENSING.

5 (a) AUTHORITY TO ISSUE PERMITS.—Section

6 10923(a) (relating to authority to issue permits) is amend7 ed by inserting ‘‘of household goods or passengers’’ after

8 ‘‘motor contract carrier’’.

9 (b) MOTOR CONTRACT CARRIER PERMITS.—Section

10 10923 (relating to permits of motor and water contract car11 riers and household goods freight forwarders) is amended

12 by redesignating subsections (b) through (e) as (c) through

13 (f), respectively, and by inserting after subsection (a) the

14 following new subsection:

15 ‘‘(b)(1) Except as provided in this section and section

16 10930 of this title, the Commission shall issue a permit to

17 a person authorizing the person to provide transportation

18 subject to the jurisdiction of the Commission under sub19 chapter II of chapter 105 of this title as a motor contract

20 carrier of property other than household goods if the Com21 mission finds that the person is able to comply with—

22 ‘‘(A) this subtitle, the regulations of the Commis23 sion, and any safety requirements imposed by the

24 Commission,
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1 ‘‘(B) the safety fitness requirements established

2 by the Secretary of Transportation in consultation

3 with the Commission pursuant to section 31144 of

4 this title, and

5 ‘‘(C) the minimum financial responsibility re6 quirements established by the Commission pursuant

7 to section 10927 of this title.

8 ‘‘(2) In deciding whether to approve the application

9 of a person for a permit as a motor contract carrier of prop10 erty other than household goods the Commission shall con11 sider any evidence demonstrating that the applicant is un12 able to comply with this subtitle, the regulations of the Com13 mission, safety requirements of the Commission, or the safe14 ty fitness and minimum financial responsibility require15 ments of subsection (b)(1).

16 ‘‘(3) The Commission shall find any applicant for au17 thority to operate as a motor carrier of property other than

18 household goods under this subsection to be unfit if the ap19 plicant does not meet the safety and safety fitness require20 ments of paragraph (1)(A) or (1)(B) of this subsection and

21 shall deny the application.

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

23 subsection to provide transportation only on the ground

24 that the applicant fails or will fail to comply with this sub25 title, the regulations of the Commission, safety requirements
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1 of the Commission, or the safety fitness or minimum finan2 cial responsibility requirements of paragraph (1).’’.

3 (c) APPLICATION FILING REQUIREMENTS.—Section

4 10923(c) (relating to application filing requirements), as

5 redesignated by subsection (b) of this section, is amended—

6 (1) by striking ‘‘motor contract carrier of prop7 erty’’ in paragraphs (3) and (4) and inserting ‘‘motor

8 contract carrier of household goods’’,

9 (2) by striking paragraph (5) and redesignating

10 paragraphs (6) and (7) as (5) and (6), respectively,

11 and

12 (3) by striking ‘‘motor contract carriers of prop13 erty’’ in paragraph (5) (as redesignated) and insert14 ing ‘‘motor contract carriers of household goods’’.

15 (d) CONDITIONS OF TRANSPORTATION OR SERVICE.—

16 Section 10923(e) (relating to conditions of transportation

17 or service), as redesignated by subsection (b) of this section,

18 is amended—

19 (1) by inserting ‘‘of passengers or household

20 goods’’ after ‘‘contract carrier’’ in paragraph (1), and

21 (2) by striking ‘‘each person or class of persons

22 (and, in the case of a motor contract carrier of pas23 sengers, the number of persons)’’ in paragraph (2)

24 and inserting ‘‘in the case of a motor contract carrier

25 of passengers, the number of persons,’’.
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1 SEC. 209. REVOCATION OF MOTOR CARRIER AUTHORITY.

2 Section 10925(d)(1) (relating to effective period of cer3 tificates, permits, and licenses) is amended—

4 (1) by striking ‘‘if a motor carrier or broker’’ in

5 subparagraph (A) and inserting ‘‘if a motor carrier

6 of passengers, motor common carrier of household

7 goods, or broker’’,

8 (2) by striking ‘‘and’’ at the end of subpara9 graph (A),

10 (3) by redesignating subparagraph (B) as (D)

11 and inserting after subparagraph (A) the following

12 new subparagraphs:

13 ‘‘(B) if a motor contract carrier of property,

14 for failure to comply with safety requirements of

15 the Commission or the safety fitness require16 ments pursuant to section 10701, 10924(e),

17 10927 (b) or (d), or 31144, of this title;

18 ‘‘(C) if a motor common carrier of property

19 other than household goods, for failure to comply

20 with safety requirements of the Commission or

21 the safety fitness requirements pursuant to sec22 tion 10701, 10702, 10924(e), 10927 (b) or (d), or

23 31144 of this title; and’’.
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1 SEC. 210. STUDY OF INTERSTATE COMMERCE COMMISSION

2 FUNCTIONS.

3 (a) INTERSTATE COMMERCE COMMISSION REPORT.—

4 The Interstate Commerce Commission shall prepare and

5 submit to the Secretary of Transportation and to each com6 mittee of the Congress having jurisdiction over legislation

7 affecting the Commission a report identifying and analyz8 ing all regulatory responsibilities of the Commission. The

9 Commission shall make recommendations concerning spe10 cific statutory and regulatory functions of the Commission

11 that could be eliminated or restructured. The Commission

12 shall submit the report within 60 days after the date of en13 actment of this Act.

14 (b) SECRETARY OF TRANSPORTATION STUDY.—The

15 Secretary of Transportation shall study the feasibility and

16 efficiency of merging the Interstate Commerce Commission

17 into the Department of Transportation as an independent

18 agency, combining it with other Federal agencies, retaining

19 the Interstate Commerce Commission in its present form,

20 eliminating the agency and transferring all or some of its

21 functions to the Department of Transportation or other

22 Federal agencies, and other organizational changes that

23 lead to government, transportation, or public interest effi24 ciencies. The study shall consider the cost savings that

25 might be achieved, the efficient allocation of resources, the

26 elimination of unnecessary functions, and responsibility for
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1 regulatory functions. The Secretary shall solicit comments

2 from the public with respect to both the Department’s and

3 the Commission’s findings. The Secretary shall submit the

4 results of such study together with any recommendations

5 to the Congress within 4 months after the date of the sub6 mission of the Interstate Commerce Commission report re7 quired in subsection (a).

8 SEC. 211. LIMITATION ON STATE REGULATION OF INTRA9 STATE TRANSPORTATION OF PASSENGERS BY

10 BUS.

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

12 is amended by adding at the end thereof the following new

13 section:

14 ‘‘§ 10936. Limitation on State regulation of intrastate

15 passengers by bus

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

17 enforce any law or regulation relating to intrastate fares

18 for the transportation of passengers by bus by an interstate

19 motor carrier of passengers over a route authorized by the

20 Commission.’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) Section 10521(b)(1) is amended by inserting

23 ‘‘10936,’’ after ‘‘10935,’’

24 (2) Section 11501(e) is amended—

25 (A) by striking all but paragraph (5),
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1 (B) by redesignating paragraph (5) as sub2 section (e), and

3 (C) by striking ‘‘paragraph’’ and inserting

4 ‘‘subsection’’.

5 (3) The table of sections for subchapter IV of

6 chapter 109 is amended by adding at the end the fol7 lowing new item:

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

8 SEC. 212. EFFECTIVE DATE.

9 This title and the amendments made by this title shall

10 take effect upon the enactment of this Act, except for sections

11 207 and 208, which shall take effect on January 1, 1995.

Attest:

Secretary.
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