H. R. 2178
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To amend the Hazardous Materials Transportation Act to authorize appropriations
for fiscal years 1994, 1995, 1996, and 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—HAZARDOUS MATERIALS TRANSPORTATION
ACT AMENDMENTS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Hazardous Materials Transpor-
tation 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 sub-
section, 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—
H. R. 2178—2
(1) by inserting ‘‘and Indian tribes’’ after ‘‘States’’ the first
place it appears; and
(2) by striking ‘‘in a State and between States’’ and insert-
ing ‘‘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 coordi-
nated with emergency planning conducted by adjacent States
and Indian tribes.’’.
SEC. 106. TRAINING CRITERIA FOR SAFE HANDLING AND TRANSPOR-
TATION.
Section 5107(d) (relating to coordination of training require-
ments) 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 oper-
ations, and’’.
SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL SUB-
DIVISIONS, 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 hazard-
ous 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 follow-
ing: ‘‘The Secretary shall, once every 2 years, prepare and
submit to the President for transmittal to the Congress a com-
prehensive report on the transportation of hazardous materials
during the preceding 2 calendar years.’’.
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SEC. 109. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
(a) IN GENERAL.—In implementing the Intelligent Vehicle-High-
way 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 oper-
ational 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 sub-
section (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 dem-
onstrate the feasibility of establishing and operating computer-
ized telecommunications emergency response information tech-
nologies 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 hazard-
ous 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 ship-
ments by motor carriers either directly or through linkage
with other systems.
(2) Any project carried out with a grant under this sub-
section 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 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 Secretary of
Transportation shall coordinate a project under this subsection
with any existing Federal, State, and local government projects
and private projects which are similar to the project under
this subsection. The Secretary may require that a project under
this subsection be carried out in conjunction with such similar
Federal, State, and local government projects and private
projects.
SEC. 110. RAIL TANK CAR SAFETY.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue final regulations
under the following:
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(1) The rulemaking proceeding under Docket HM–175A
entitled ‘‘Crashworthiness Protection Requirements for Tank
Cars’’.
(2) The rulemaking proceeding under Docket HM–201 enti-
tled ‘‘Detection and Repair of Cracks, Pits, Corrosion, Lining
Flaws, Thermal Protection Flaws and Other Defects of Tank
Car Tanks’’.
SEC. 111. SAFE PLACEMENT OF TRAIN CARS.
The Secretary of Transportation shall conduct a study of exist-
ing practices regarding the placement of cars on trains, with particu-
lar attention to the placement of cars that carry hazardous mate-
rials. 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 (relat-
ing 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 regula-
tions amending part 395 of title 49, Code of Federal Regula-
tions, 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
H. R. 2178—5
carrier so as to allow verification of the accuracy of such docu-
ments at a reasonable cost, to the driver and the motor carrier,
of record acquisition and retention.
(3) A provision specifying the period during which support-
ing 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 Sec-
retary 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 sec-
tion, a supporting document is any document that is generated
or received by a motor carrier or commercial motor vehicle driver
in the normal course of business that could be used, as produced
or with additional identifying information, to verify the accuracy
of a driver’s record of duty status.
SEC. 114. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS.
(a) AMENDMENT
OF REGULATIONS.—Within 18 months after
the date of enactment of this Act, the Secretary of Transportation
shall amend section 391.23 of title 49, Code of Federal Regulations
(or successor regulations thereto), to—
(1) specify the safety information that must be sought
under that section by a motor carrier with respect to a driver;
(2) require that such information be requested from former
employers and that former employers furnish the requested
information within 30 days after receiving the request; and
(3) ensure that the driver to whom such information applies
has a reasonable opportunity to review and comment on the
information.
(b) SAFETY INFORMATION.—The safety information required to
be specified under subsection (a)(1) shall include information on—
(1) any motor vehicle accidents in which the driver was
involved during the preceding 3 years;
(2) any failure of the driver, during the preceding 3 years,
to undertake or complete a rehabilitation program under section
31302 of title 49, United States Code (relating to limita-
tion on the number of driver’s licenses), after being found to
H. R. 2178—6
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 con-
trolled substance subsequent to completing such a rehabilita-
tion 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 pack-
age’’ 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
H. R. 2178—7
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 sub-
sections:
‘‘(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 depart-
ments 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 organiza-
tion 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 Sec-
retary 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.
H. R. 2178—8
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 subpara-
graph (A), there is authorized to be appropriated to the Sec-
retary 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 Sec-
retary 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 Fed-
eral Register of the reason why the Secretary’s decision on the
H. R. 2178—9
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 addi-
tional 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 hazard-
ous materials by motor carriers in close proximity to Federal pris-
ons, particularly those housing maximum security prisoners. Such
study shall include an evaluation of the ability of such facilities
and the designated local planning agencies to safely evacuate such
prisoners in the event of an emergency and any special training,
equipment, or personnel that would be required by such facility
and the designated local emergency planning agencies to carry
out such evacuation. Such study shall not apply to or address
issues concerning rail transportation of hazardous materials.
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary of Transportation shall transmit
to Congress a report on the results of the study conducted under
this section, along with the Secretary’s recommendations for any
legislative or regulatory changes to enhance the safety regarding
the transportation of hazardous materials by motor carriers near
Federal prisons.
SEC. 122. USE OF FIBER DRUM PACKAGING.
(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than
the 60th day following the date of enactment of this Act, the
Secretary of Transportation shall initiate a rulemaking proceeding
to determine whether the requirements of section 5103(b) of title
49, United States Code (relating to regulations for safe transpor-
tation), 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 Transpor-
tation determines, as a result of the rulemaking proceeding initiated
under subsection (a), that a packaging standard other than the
performance-oriented packaging standards referred to in subsection
(a) will provide an equal or greater level of safety for the domestic
transportation of liquid hazardous materials than would be provided
if such performance-oriented packaging standards were in effect,
the Secretary shall issue regulations which implement such other
standard and which take effect before October 1, 1996.
(c) COMPLETION
OF
RULEMAKING
PROCEEDING.—The rule-
making proceeding initiated under subsection (a) shall be completed
before October 1, 1995.
H. R. 2178—10
(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 pro-
vided 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 para-
graph (1) by Congress.
(c) PROHIBITION OF CONTRACTS.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, such
person shall be ineligible to receive any contract or subcontract
made with funds provided pursuant to this title, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
(d) RECIPROCITY.—
(1) Except as provided in paragraph (2), no contract or
subcontract may be made with funds authorized under this
title to a company organized under the laws of a foreign country
unless the Secretary of Transportation finds that such country
affords comparable opportunities to companies organized under
laws of the United States.
(2)(A) The Secretary of Transportation may waive the provi-
sions 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.
H. R. 2178—11
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 effi-
ciency in government.
SEC. 204. TRANSPORTATION POLICY.
Section 10101(a)(2) (relating to transportation policy) is
amended—
(1) by redesignating subparagraphs (A) through (I) as sub-
paragraphs (C) through (K), respectively, and
(2) by inserting before subparagraph (C) (as so redesig-
nated) the following: ‘‘(A) encourage fair competition, and
reasonable rates for transportation by motor carriers of prop-
erty; (B) promote Federal regulatory efficiency in the motor
carrier transportation system and to require fair and expedi-
tious 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 trans-
portation 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 transpor-
tation of property other than household goods, or in non-contig-
uous 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 packag-
ing 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)
H. R. 2178—12
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) (relat-
ing 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 provid-
ing 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 partici-
pating carrier certifying its continuing participation in such
tariff, which certification shall be kept open for public inspec-
tion’’.
(c) GENERAL TARIFF REQUIREMENT.—Section 10762(a) (relating
to general tariff requirement) is amended—
(1) by inserting ‘‘(excluding a motor common carrier provid-
ing 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 provid-
ing 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 para-
graph (1),
H. R. 2178—13
(3) by striking the last sentence of paragraph (1) and
inserting the following: ‘‘A motor contract carrier of property
is not required to publish or file actual or minimum rates
under this subtitle. Except as provided in the Negotiated Rates
Act of 1993 and the amendments made by that Act, nothing
in the Trucking Industry Regulatory Reform Act of 1994 (and
the amendments made by that Act) creates any obligation for
a shipper based solely on a rate that was on file with the
Commission or elsewhere on the date of enactment of such
Act.’’, and
(4) by adding at the end the following:
‘‘(3) A motor common carrier of property (other than a
motor common carrier providing transportation of household
goods or in noncontiguous domestic trade) shall provide to
the shipper, on request of the shipper, a written or electronic
copy of the rate, classification, rules, and practices, upon which
any rate agreed to between the shipper and carrier may have
been based. When the applicability or reasonableness of the
rates and related provisions billed by a motor common carrier
is challenged by the person paying the freight charges, the
Commission shall determine whether such rates and provisions
are reasonable or applicable based on the record before it.
In those cases where a motor common carrier (other than
a motor common carrier providing transportation of household
goods or in noncontiguous domestic trade) seeks to collect
charges in addition to those billed and collected which are
contested by the payor, the carrier may request that the
Commission determine whether any additional charges over
those billed and collected must be paid. A carrier must issue
any bill for charges in addition to those originally billed within
180 days of the original bill in order to have the right to
collect such charges.
‘‘(4) If a shipper seeks to contest the charges originally
billed, the shipper may request that the Commission determine
whether the charges originally billed must be paid. A shipper
must contest the original bill within 180 days in order to
have the right to contest such charges.
‘‘(5) Any tariff on file with the Commission on the date
of enactment of the Trucking Industry Regulatory Reform Act
of 1994 not required to be filed with the Commission after
the enactment of that Act is null and void beginning on that
date.’’.
(d) PROPOSED RATE CHANGES.—
(1) COMMON
CARRIERS.—Section 10762(c)(1) (relating to
proposed rate changes) is amended by inserting ‘‘(excluding
a motor common carrier providing transportation of property
other than household goods, under an individually determined
rate, classification, rule, or practice defined in section
10102(13), or in a noncontiguous domestic trade)’’ after ‘‘com-
mon 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 (relat-
ing to general tariff requirements) is amended by adding at the
end thereof the following new subsection:
H. R. 2178—14
‘‘(j) Nothing in this section shall affect the application of the
provisions of the Negotiated Rates Act of 1993 (or the amendments
made by that Act) to undercharge claims for transportation provided
prior to the date of enactment of the Trucking Industry Regulatory
Reform Act of 1994.’’.
(f) DEFINITION.—Section 10102 (relating to definitions) is
amended—
(1) by redesignating paragraphs (13) through (32) as (14)
through (33), and
(2) by inserting after paragraph (12) the following:
‘‘(13) ‘individually determined rate, classification, rule, or
practice’ means a rate, classification, rule, or practice estab-
lished 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 agree-
ment 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 Commis-
sion 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 require-
ments under paragraph (1)(A) or (1)(B) of this subsection and shall
deny the application.
‘‘(4) A person may protest an application under this subsection
to provide transportation only on the ground that the applicant
fails or will fail to comply with this subtitle, the regulations of
the Commission, the safety requirements of the Commission, or
the safety fitness or minimum financial responsibility requirements
of paragraph (1) of this subsection.’’.
H. R. 2178—15
(b) PUBLIC CONVENIENCE
AND NECESSITY.—Section 10922(c)
(relating to public convenience and necessity) as redesignated by
subsection (a), is amended—
(1) by striking ‘‘carrier of property’’ in paragraph (1) and
inserting ‘‘carrier of household goods’’,
(2) by striking paragraphs (4) and (6) and redesignating
paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), respec-
tively,
(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 ship-
ments 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 redesig-
nated) and inserting ‘‘of household goods’’,
(5) by striking ‘‘of property’’ in paragraph (6) (as redesig-
nated) and inserting ‘‘of household goods’’, and
(6) by striking ‘‘Notwithstanding the provisions of para-
graph (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 (relat-
ing 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 Commis-
sion 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 dem-
onstrating that the applicant is unable to comply with this subtitle,
H. R. 2178—16
the regulations of the Commission, safety requirements of the
Commission, or the safety fitness and minimum financial respon-
sibility requirements of subsection (b)(1).
‘‘(3) The Commission shall find any applicant for authority
to operate as a motor carrier of property other than household
goods under this subsection to be unfit if the applicant does not
meet the safety and safety fitness requirements of paragraph (1)(A)
or (1)(B) of this subsection and shall deny the application.
‘‘(4) A person may protest an application under this subsection
to provide transportation only on the ground that the applicant
fails or will fail to comply with this subtitle, the regulations of
the Commission, safety requirements of the Commission, or the
safety fitness or minimum financial responsibility requirements
of paragraph (1).’’.
(c) APPLICATION
FILING
REQUIREMENTS.—Section 10923(c)
(relating to application filing requirements), as redesignated by
subsection (b) of this section, is amended—
(1) by striking ‘‘motor contract carrier of property’’ in para-
graphs (3) and (4) and inserting ‘‘motor contract carrier of
household goods’’,
(2) by striking paragraph (5) and redesignating paragraphs
(6) and (7) as (5) and (6), respectively, and
(3) by striking ‘‘motor contract carriers of property’’ in
paragraph (5) (as redesignated) and inserting ‘‘motor contract
carriers of household goods’’.
(d) CONDITIONS
OF
TRANSPORTATION
OR
SERVICE.—Section
10923(e) (relating to conditions of transportation or service), as
redesignated by subsection (b) of this section, is amended—
(1) by inserting ‘‘of passengers or household goods’’ after
‘‘contract carrier’’ in paragraph (1), and
(2) by striking ‘‘each person or class of persons (and, in
the case of a motor contract carrier of passengers, the number
of persons)’’ in paragraph (2) and inserting ‘‘in the case of
a motor contract carrier of passengers, the number of persons,’’.
SEC. 209. REVOCATION OF MOTOR CARRIER AUTHORITY.
Section 10925(d)(1) (relating to effective period of certificates,
permits, and licenses) is amended—
(1) by striking ‘‘if a motor carrier or broker’’ in subpara-
graph (A) and inserting ‘‘if a motor carrier of passengers, motor
common carrier of household goods, or broker’’,
(2) by striking ‘‘and’’ at the end of subparagraph (A),
(3) by redesignating subparagraph (B) as (D) and inserting
after subparagraph (A) the following new subparagraphs:
‘‘(B) if a motor contract carrier of property, for failure
to comply with safety requirements of the Commission
or the safety fitness requirements pursuant to section
10701, 10924(e), 10927 (b) or (d), or 31144, of this title;
‘‘(C) if a motor common carrier of property other than
household goods, for failure to comply with safety require-
ments 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 FUNC-
TIONS.
(a) INTERSTATE COMMERCE COMMISSION REPORT.—The Inter-
state Commerce Commission shall prepare and submit to the Sec-
H. R. 2178—17
retary of Transportation and to each committee of the Congress
having jurisdiction over legislation affecting the Commission a
report identifying and analyzing all regulatory responsibilities of
the Commission. The Commission shall make recommendations
concerning specific statutory and regulatory functions of the
Commission that could be eliminated or restructured. The Commis-
sion 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 func-
tions, 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 sub-
section (a).
SEC. 211. LIMITATION 
ON 
STATE 
REGULATION 
OF 
INTRASTATE
TRANSPORTATION OF PASSENGERS BY BUS.
(a) IN
GENERAL.—Chapter 109 (relating to licensing) is
amended by adding at the end thereof the following new section:
‘‘§ 10936. Limitation on State regulation of intrastate pas-
sengers by bus
‘‘A State or political subdivision of a State may not enforce
any law or regulation relating to intrastate fares for the transpor-
tation of passengers by bus by an interstate motor carrier of pas-
sengers over a route authorized by the Commission.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 10521(b)(1) is amended by inserting ‘‘10936,’’
after ‘‘10935,’’.
(2) Section 11501(e) is amended—
(A) by striking all but paragraph (5),
(B) by redesignating paragraph (5) as subsection (e),
and
(C) by striking ‘‘paragraph’’ and inserting ‘‘subsection’’.
H. R. 2178—18
(3) The table of sections for subchapter IV of chapter 109
is amended by adding at the end the following new item:
‘‘10936. Limitation on State regulation of intrastate passengers by bus.’’.
SEC. 212. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect upon the enactment of this Act, except for sections 207 and
208, which shall take effect on January 1, 1995.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.