```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2178 Engrossed Amendment Senate (EAS)]

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:

       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--
            (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.''.

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 Vehicle-
Highway 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:
            (1) The rulemaking proceeding under Docket HM-175A entitled 
        ``Crashworthiness Protection Requirements for Tank Cars''.
            (2) The rulemaking proceeding under Docket HM-201 entitled 
        ``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 existing 
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 
        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 States Code (relating 
        to limitation on the number of driver's licenses) after being 
        found to 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 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. 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 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 enactment 
of this Act, the Secretary of Transportation shall transmit to Congress 
a report on the results of the study conducted under this section, 
along with the Secretary's recommendations for any legislative or 
regulatory changes to enhance the safety regarding the transportation 
of hazardous 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 performance-oriented packaging standards adopted under 
docket number HM-181 contained in part 178 of title 49, Code of Federal 
Regulations.
    (b) Issuance of Standards.--If the Secretary of Transportation 
determines, as a result of the rulemaking proceeding initiated under 
subsection (a), that a packaging standard other than the performance-
oriented packaging standards referred to in subsection (a) will provide 
an equal or greater level of safety for the domestic transportation of 
liquid hazardous materials than would be provided if such performance-
oriented packaging standards were in effect, the Secretary shall issue 
regulations which implement such other standard and which take effect 
before October 1, 1996.
    (c) Completion of Rulemaking Proceeding.--The rulemaking proceeding 
initiated under subsection (a) shall be completed before October 1, 
1995.
    (d) Limitations.--
            (1) 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) 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.

             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 
        non-contiguous 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) 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),
            (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:
    ``(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 (31) as (14) 
        through (32), 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.''.
    (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, 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 
        paragraphs (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 
        subparagraph (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 Secretary 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:
``Sec. 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''.
            (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.
            Attest:

                                                             Secretary.
HR 2178 EAS1S----2
HR 2178 EAS1S----3
HR 2178 EAS1S----4
HR 2178 EAS1S----5
```