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In the Senate of the United States,
August 11, 1994.
Resolved, That the bill from the House of Representa-
tives (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 pur-
poses’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE 
I—HAZARDOUS 
MATE-
RIALS 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 provi-
sion, 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 appro-
priations) is amended by striking out ‘‘the fiscal year end-
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ing 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 REG-
ISTRATION STATEMENT.
Section 5108(a) (relating to persons required to file)
is amended by adding at the end the following new para-
graph:
‘‘(4) The Secretary may waive the filing of a
registration statement, or the payment of a fee, re-
quired 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 transpor-
tation to the foreign country from places in the Unit-
ed States to file registration statements, or to pay
fees, for making such an offer.’’.
SEC. 105. PLANNING GRANTS FOR INDIAN TRIBES.
(a) 
AUTHORITY
TO
MAKE
GRANTS.—Section
5116(a)(1) (relating to planning grants) is amended—
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(1) by inserting ‘‘and Indian tribes’’ after
‘‘States’’ the first place it appears; and
(2) by striking ‘‘in a State and between States’’
and inserting ‘‘on lands under the jurisdiction of a
State or Indian tribe, and between lands under the
jurisdiction of a State or Indian tribe and lands of
another State or Indian tribe’’.
(b) MAINTENANCE OF EFFORT.—Section 5116(a)(2)
(relating to planning grants) is amended—
(1) by inserting ‘‘or Indian tribe’’ after ‘‘State’’
the first and third places it appears;
(2) by striking ‘‘the State’’ the second place it
appears;
(3) by inserting ‘‘the State or Indian tribe’’ be-
fore ‘‘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 add-
ing 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 plan-
ning conducted by adjacent States and Indian
tribes.’’.
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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 haz-
ardous waste operations, and’’.
SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITI-
CAL 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 reve-
nues collected from the fee; and
‘‘(D) such other matters as the Secretary re-
quests.’’.
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SEC. 108. ANNUAL REPORT.
Section 5121(e) (relating to annual report) is amend-
ed—
(1) by striking ‘‘Annual’’ in the subsection head-
ing, 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 trans-
mittal to the Congress a comprehensive report on the
transportation of hazardous materials during the pre-
ceding 2 calendar years.’’.
SEC. 109. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
(a) IN GENERAL.—In implementing the Intelligent Ve-
hicle-Highway Systems Act of 1991 (23 U.S.C. 307 note),
the Secretary of Transportation shall ensure that the Na-
tional Intelligent Vehicle-Highway Systems Program ad-
dresses, 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 mate-
rials transportation incidents.
(b) GRANTS FOR CERTAIN EMERGENCY RESPONSE IN-
FORMATION TECHNOLOGIES.—
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(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 tele-
communications 
emergency 
response 
information
technologies that are used—
(A) to identify the contents of shipments of
hazardous materials transported by motor car-
riers;
(B) to permit retrieval of data on shipments
of hazardous materials transported by motor car-
riers;
(C) to link systems that identify, store, and
allow the retrieval of data for emergency re-
sponse to incidents and accidents involving
transportation of hazardous materials by motor
carrier; and
(D) to provide information to facilitate re-
sponses to accidents and incidents involving haz-
ardous materials shipments by motor carriers ei-
ther directly or through linkage with other sys-
tems.
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(2) Any project carried out with a grant under
this subsection must involve two or more motor car-
riers 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 com-
mon 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 Sec-
retary 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 govern-
ment projects and private projects.
SEC. 110. RAIL TANK CAR SAFETY.
Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall issue final
regulations under the following:
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(1) The rulemaking proceeding under Docket
HM–175A entitled ‘‘Crashworthiness Protection Re-
quirements 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 prac-
tices 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 Con-
gress 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 regu-
lations—
(1) under chapter 51 of title 49, United States
Code, (relating to transportation of hazardous mate-
rials) to prohibit the driver of a motor vehicle trans-
porting hazardous materials in commerce, and
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(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 pre-
scribe 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 Fed-
eral 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 prescrib-
ing the regulations, the Secretary of Transportation
shall ensure that compliance can be achieved at a cost
that is reasonable to drivers and motor carriers.
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(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 driv-
er’s record of duty status.
(2) A provision specifying the number, type, and
frequency of supporting documents that must be re-
tained 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 ac-
quisition 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 en-
sure driver compliance with hours of service require-
ments and allow Federal and State enforcement offi-
cers the opportunity to conduct independent audits of
such systems to validate compliance with section
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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 docu-
mentation 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 al-
lowed 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
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information, to verify the accuracy of a driver’s record of
duty status.
SEC. 114. SAFETY PERFORMANCE HISTORY OF NEW DRIV-
ERS.
(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 there-
to), to—
(1) specify the safety information that must be
sought under that section by a motor carrier with re-
spect 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 informa-
tion 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;
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(2) any failure of the driver, during the preced-
ing 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, alco-
hol 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 com-
pleting such a rehabilitation program; and
(4) any other matters determined by the Sec-
retary 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 disclo-
sure) 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
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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 mate-
rials and other individuals to report to the Secretary pos-
sible 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 insert-
ing ‘‘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 in-
serting in lieu thereof ‘‘a bulk packaging’’; and
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(B) by striking ‘‘the package’’ and inserting
‘‘the bulk packaging’’.
(b) OTHER.—Section 5104(a)(1) is amended by strik-
ing ‘‘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 sup-
plies 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 sub-
section (b), the Secretary shall, subject to the avail-
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ability 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 Sec-
retary, after consultation with interested organiza-
tions, shall—
‘‘(A) identify regions or locations in which
fire departments or other organizations which
provide emergency response to hazardous mate-
rials transportation accidents and incidents are
in need of hazardous materials training; and
‘‘(B) prioritize such needs and develop a
means for identifying additional specific train-
ing needs.
‘‘(3) Funds granted to an organization under
this subsection shall only be used—
‘‘(A) to train instructors to conduct hazard-
ous materials response training programs;
‘‘(B) to purchase training equipment used
exclusively to train instructors to conduct such
training programs; and
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‘‘(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 identi-
fied under subsection )/(g); or
‘‘(B) other courses which the Secretary de-
termines are consistent with the objectives of this
subsection;
for training individuals with statutory responsibility
to respond to accidents and incidents involving haz-
ardous materials. Such agreement also shall provide
that training courses shall be open to all such indi-
viduals 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.
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Secretary shall issue a decision on an application for a de-
termination within 180 days after the date of the publica-
tion of the notice of having received such application, or
the Secretary shall publish a statement in the Federal Reg-
ister of the reason why the Secretary’s decision on the appli-
cation is delayed, along with an estimate of the additional
time necessary before the decision is made.’’.
SEC. 121. STUDY OF HAZARDOUS MATERIALS TRANSPOR-
TATION 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 fa-
cility 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 haz-
ardous materials.
(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
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shall transmit to Congress a report on the results of the
study conducted under this section, along with the Sec-
retary’s recommendations for any legislative or regulatory
changes to enhance the safety regarding the transportation
of hazardous materials by motor carriers near Federal pris-
ons.
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 require-
ments of section 5103(b) of title 49, United States Code (re-
lating to regulations for safe transportation) as they per-
tain 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 per-
formance-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
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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 ma-
terials 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 trans-
portation 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.
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(b) SENSE OF CONGRESS; REQUIREMENT REGARDING
NOTICE.—
(1) In the case of any equipment or products
that may be authorized to be purchased with finan-
cial 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 fi-
nally 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.—
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(1) Except as provided in paragraph (2), no con-
tract or subcontract may be made with funds author-
ized under this title to a company organized under
the laws of a foreign country unless the Secretary of
Transportation finds that such country affords com-
parable 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 agree-
ment 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 Reg-
ulatory 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,
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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 com-
petition, and reasonable rates for transportation by
motor carriers of property; (B) promote Federal regu-
latory 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 author-
ity 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
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‘‘rail carrier providing transportation’’ in subsection
(a),
(2) by inserting ‘‘section 10101 or’’ before ‘‘sec-
tion 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 re-
lieve 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 immu-
nity 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 defini-
tions) is amended by redesignating paragraphs (18)
through (31) as (19) through (32), respectively, and by in-
serting after paragraph (17) the following:
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‘‘(18) ‘non-contiguous domestic trade’ means
motor-water transportation subject to the jurisdiction
of the Commission under chapter 105 of this title in-
volving 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 TAR-
IFF.—Section 10761(a) (relating to transportation prohib-
ited without tariff) is amended—
(1) by inserting ‘‘(excluding a motor common
carrier providing transportation of property, other
than household goods, under an individually deter-
mined rate, classification, rule, or practice, as defined
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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 sub-
section’’,
(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 par-
ticipation 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 amend-
ed—
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(1) by inserting ‘‘(excluding a motor common
carrier providing transportation of property, other
than household goods, under an individually deter-
mined 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 deter-
mined rate, classification, rule, or practice, as defined
in section 10102(13), or in noncontiguous domestic
trade)’’ after ‘‘carriers’’ in the third sentence of para-
graph (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 pro-
vided in the Negotiated Rates Act of 1993 and the
amendments made by that Act, nothing in the Truck-
ing 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 en-
actment of such Act.’’, and
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(4) by adding at the end the following:
‘‘(3) A motor common carrier of property (other
than a motor common carrier providing transpor-
tation of household goods or in noncontiguous domes-
tic 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 reason-
ableness of the rates and related provisions billed by
a motor common carrier is challenged by the person
paying the freight charges, the Commission shall de-
termine whether such rates and provisions are reason-
able 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.
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‘‘(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 origi-
nal 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 Regu-
latory 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 in-
serting ‘‘(excluding a motor common carrier provid-
ing transportation of property other than household
goods, under an individually determined rate, classi-
fication, 
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 in-
serting ‘‘(except a motor contract carrier of prop-
erty)’’ after ‘‘contract carrier’’.
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(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 defini-
tions) is amended—
(1) by redesignating paragraphs (13) through
(31) as (14) through (32), and
(2) by inserting after paragraph (12) the follow-
ing:
‘‘(13) ‘individually determined rate, classifica-
tion, rule, or practice’ means a rate, classification,
rule, or practice established by—
‘‘(A) a single motor common carrier for ap-
plication 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 transpor-
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tation that the interlining carriers can provide
jointly over their lines.’’.
SEC. 207. MOTOR COMMON CARRIER LICENSING.
(a) IN GENERAL.—Section 10922 (relating to certifi-
cation 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 Com-
mission 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 Com-
mission finds that the person is able to comply with—
‘‘(A) this subtitle, the regulations of the
Commission, and any safety requirements im-
posed by the Commission,
‘‘(B) the safety fitness requirements estab-
lished by the Secretary of Transportation in con-
sultation with the Commission under section
31144 of this title, and
‘‘(C) the minimum financial responsibility
requirements established by the Commission pur-
suant to section 10927 of this title.
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‘‘(2) In making a finding under paragraph (1),
the Commission shall consider and, to the extent ap-
plicable, make findings on, any evidence demonstrat-
ing 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 para-
graph (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 re-
quirements 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 para-
graph (1) and inserting ‘‘carrier of household goods’’,
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(2) by striking paragraphs (4) and (6) and re-
designating 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 re-
designated 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),
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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 amend-
ed 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 car-
riers 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 sub-
chapter II of chapter 105 of this title as a motor contract
carrier of property other than household goods if the Com-
mission finds that the person is able to comply with—
‘‘(A) this subtitle, the regulations of the Commis-
sion, and any safety requirements imposed by the
Commission,
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‘‘(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 re-
quirements 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 prop-
erty other than household goods the Commission shall con-
sider any evidence demonstrating that the applicant is un-
able to comply with this subtitle, the regulations of the Com-
mission, safety requirements of the Commission, or the safe-
ty fitness and minimum financial responsibility require-
ments of subsection (b)(1).
‘‘(3) The Commission shall find any applicant for au-
thority to operate as a motor carrier of property other than
household goods under this subsection to be unfit if the ap-
plicant does not meet the safety and safety fitness require-
ments 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 sub-
title, the regulations of the Commission, safety requirements
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of the Commission, or the safety fitness or minimum finan-
cial 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 prop-
erty’’ 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 prop-
erty’’ in paragraph (5) (as redesignated) and insert-
ing ‘‘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 pas-
sengers, the number of persons)’’ in paragraph (2)
and inserting ‘‘in the case of a motor contract carrier
of passengers, the number of persons,’’.
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SEC. 209. REVOCATION OF MOTOR CARRIER AUTHORITY.
Section 10925(d)(1) (relating to effective period of cer-
tificates, 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 subpara-
graph (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 require-
ments 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 sec-
tion 10701, 10702, 10924(e), 10927 (b) or (d), or
31144 of this title; and’’.
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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 com-
mittee of the Congress having jurisdiction over legislation
affecting the Commission a report identifying and analyz-
ing all regulatory responsibilities of the Commission. The
Commission shall make recommendations concerning spe-
cific 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 en-
actment 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 effi-
ciencies. The study shall consider the cost savings that
might be achieved, the efficient allocation of resources, the
elimination of unnecessary functions, and responsibility for
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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 sub-
mission of the Interstate Commerce Commission report re-
quired in subsection (a).
SEC. 211. LIMITATION ON STATE REGULATION OF INTRA-
STATE TRANSPORTATION OF PASSENGERS BY
BUS.
(a) IN GENERAL.—Chapter 109 (relating to licensing)
is amended by adding at the end thereof the following new
section:
‘‘§ 10936. Limitation on State regulation of intrastate
passengers by bus
‘‘A State or political subdivision of a State may not
enforce any law or regulation relating to intrastate fares
for the transportation of passengers by bus by an interstate
motor carrier of passengers over a route authorized by the
Commission.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 10521(b)(1) is amended by inserting
‘‘10936,’’ after ‘‘10935,’’
(2) Section 11501(e) is amended—
(A) by striking all but paragraph (5),
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(B) by redesignating paragraph (5) as sub-
section (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 fol-
lowing 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.
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