[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2178 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 2178


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 22, 1993

                                Received

                           November 23, 1993

  Read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Hazardous 
Materials Transportation Act Amendments of 1993''.
    (b) Reference.--Whenever in this Act 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 the Hazardous Materials Transportation Act.

SEC. 2. REGISTRATION.

    Section 106(c) (49 U.S.C. App. 1805(c)) is amended by adding at the 
end the following:
            ``(16) Authority of secretary to waive mandatory filing 
        requirement.--The Secretary may waive the filing of a 
        registration statement, or the payment of a fee, required under 
        this subsection, or both, for any person not domiciled in the 
        United States who solely offers hazardous materials for 
        transportation to the United States from a place outside the 
        United States if the country of which such person is a 
        domiciliary does not require persons domiciled in the United 
        States who solely offer hazardous materials for transportation 
        to the foreign country from places in the United States to file 
        registration statements, or to pay fees, for making such an 
        offer.''.

SEC. 3. TIME FOR SECRETARIAL ACTION.

    (a) Section 107.--Section 107(a) (49 U.S.C. App. 1806(a)) is 
amended by inserting at the end the following: ``The Secretary shall 
issue or renew the exemption for which an application was filed or deny 
such issuance or renewal within 180 days of the first day of the month 
following the date of the filing of such application or the Secretary 
shall publish a statement in the Federal Register of the reason why the 
Secretary's decision on the exemption is delayed with an estimate of 
the additional time necessary before the decision is made.''
    (b) Section 112.--Section 112(c)(1) (49 U.S.C. App. 1811(c)(1)) is 
amended by inserting after the second sentence the following: ``The 
Secretary shall issue a decision on an application for a determination 
within 180 days of 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 with an estimate of the additional time 
necessary before the decision is made.''

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 115(a) (49 U.S.C. App. 1812(a)) is amended to read as 
follows:
    ``(a) In General.--There is authorized to be appropriated for 
carrying out this title (other than sections 117, 117A, 118, and 121) 
not to exceed $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. 5. TRAINING.

    (a) Supplemental Public Sector Training Grants.--Section 117A (49 
U.S.C. App. 1815) is amended by adding at the end the following:
    ``(j) Supplemental Training Grants.--
            ``(1) In general.--In order to further the purposes of 
        subsection (b), relating to training public sector employees to 
        respond to accidents and incidents involving hazardous 
        materials, the Secretary shall make grants to national 
        nonprofit employee organizations engaged solely in fighting 
        fires for the purpose of training individuals with statutory 
        responsibility to respond to hazardous materials accidents and 
        incidents.
            ``(2) Use of funds.--Funds granted to an organization under 
        this subsection may be used--
                    ``(A) to identify regions or locations in which 
                fire departments are in need of hazardous materials 
                training;
                    ``(B) to prioritize such needs and develop a means 
                for evaluating specific training needs;
                    ``(C) to train instructors to conduct hazardous 
                materials response training programs and evaluate the 
                efficacy of such training programs;
                    ``(D) to purchase training equipment for such 
                training programs; and
                    ``(E) to disseminate on a nationwide basis the data 
                developed, and the findings derived from projects 
                carried out, under this subsection.
            ``(3) Use of training courses.--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 use in such fiscal year--
                    ``(A) a course or courses developed or identified 
                under section 117A(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.
            ``(4) Terms and conditions.--The Secretary may impose such 
        additional terms and conditions on grants to be made under this 
        subsection as the Secretary determines are necessary to protect 
        the interests of the United States and to carry out the 
        objectives of this subsection.
    ``(k) Reports.--Not later than September 30, 1997, the Secretary 
shall submit to Congress a report on the allocation and uses of 
training grants authorized under subsection (b) for fiscal years 1993 
through fiscal year 1996 and grants authorized under subsection (j) and 
section 118 for fiscal years 1995 and 1996. Such report shall identify 
the ultimate recipients of training grants and include a detailed 
accounting of all grant expenditures by grant recipients, the number of 
employees trained under the grant programs, and an evaluation of the 
efficacy of training programs carried out.''.
    (b) Funding.--Section 117A(i)(2) (49 U.S.C. App. 1815(i)(2)) is 
amended--
            (1) by inserting ``(A) General program.--'' before 
        ``There'';
            (2) by indenting subparagraph (A), as so designated, and 
        moving subparagraph (A) 2 ems to the right; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Supplemental program.--
                            ``(i) From fees.--There shall be available 
                        to the Secretary for carrying out subsection 
                        (j), from amounts in the account established 
                        pursuant to subsection (h), $250,000 per fiscal 
                        year for each of fiscal years 1995, 1996, 1997, 
                        and 1998.
                            ``(ii) From general revenues.--In addition 
                        to amounts made available under clause (i), 
                        there is authorized to be appropriated to the 
                        Secretary for carrying out subsection (j) 
                        $1,000,000 per fiscal year for each of fiscal 
                        years 1995, 1996, 1997, and 1998.''.
    (c) Hazmat Employee Training Program.--Section 118 (49 U.S.C. App. 
1816) is amended--
            (1) in subsection (a) by striking ``may'' and inserting 
        ``shall, subject to the availability of funds under subsection 
        (d),'';
            (2) in subsection (b) by striking ``National'' and all that 
        follows through ``Labor'' and inserting ``Secretary'';
            (3) in subsection (c) by inserting ``hazmat employee'' 
        after ``nonprofit''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section $3,000,000 per fiscal year for each 
of fiscal years 1995, 1996, 1997, and 1998.''.
    (d) Conforming Amendments.--Section 117A(h) (49 U.S.C. App. 
1815(h)) is amended--
            (1) in paragraph (2)(H) by striking ``and section 118'';
            (2) in paragraph (6)(B)(i) by striking ``and section 118''; 
        and
            (3) in paragraph (6)(B)(iii) by striking ``and section 
        118''.

SEC. 6. COMPUTERIZED TELECOMMUNICATION DATA CENTER PILOT PROJECTS.

    (a) Grants.--The Secretary of Transportation may make grants to 1 
or more persons, including a State or local government or department, 
agency, or instrumentality thereof, to carry out a pilot project to 
demonstrate the feasibility of establishing and operating computerized 
telecommunications emergency response information technologies that are 
used--
            (1) to identify the contents of shipments of hazardous 
        materials transported by motor carriers;
            (2) to permit retrieval of data on shipments of hazardous 
        materials transported by motor carriers;
            (3) 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
            (4) to provide information to facilitate responses to 
        accidents and incidents involving hazardous materials shipments 
        by motor carriers either directly or through linkage with other 
        systems.
    (b) Selection of Carriers.--The pilot project to be carried out 
under this section must involve 2 or more motor carriers of property. 
One of the motor carriers selected to participate in the project must 
be a carrier that transports mostly hazardous materials. The other 
motor carrier selected must be a regular-route common carrier that 
specializes in transporting less than truck-load shipments. The motor 
carriers selected may be engaged in multimodal movements of hazardous 
materials with other motor carriers, rail carriers, or water carriers.
    (c) Terms and Conditions.--The Secretary may impose such terms and 
conditions on grants to be made under this section as the Secretary 
determines are necessary to protect the interests of the United States 
and to carry out the objectives of this section.
    (d) Coordination.--To the maximum extent practicable, the Secretary 
of Transportation shall coordinate a pilot project to be carried out 
under this section with any existing Federal, State, and local 
government projects and private projects which are similar to the pilot 
project to be carried out under this section. The Secretary may require 
that a pilot project under this section be carried out in conjunction 
with such similar Federal, State, and local government projects and 
private projects.
    (e) Federal Share.--The Federal share of the cost of a pilot 
project carried out under this section shall be 100 percent, unless the 
grantee selected to carry out such project agrees to a lower Federal 
share.
    (f) Report.--Not later than December 31, 1997, the Secretary of 
Transportation shall transmit to Congress a report on the results of 
pilot projects carried out under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 1995 and 1996. Such sums shall remain available until expended.

SEC. 7. STUDY OF HAZARDOUS MATERIALS TRANSPORTATION BY MOTOR CARRIERS 
              NEAR FEDERAL PRISONS.

    (a) Study.--The Secretary of Transportation shall conduct a study 
to determine the safety considerations of transporting hazardous 
materials by motor carriers in close proximity to Federal prisons, 
particularly those housing maximum security prisoners. Such study shall 
include an evaluation of the ability of such facilities and the 
designated local planning agencies to safely evacuate such prisoners in 
the event of an emergency and any special training, equipment, or 
personnel that would be required by such facility and the designated 
local emergency planning agencies to carry out such evacuation. Such 
study shall not apply to or address issues concerning rail 
transportation of hazardous materials.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation shall transmit to Congress 
a report on the results of the study conducted under this section, 
along with the Secretary's recommendations for any legislative or 
regulatory changes to enhance the safety regarding the transportation 
of hazardous materials by motor carriers near Federal prisons.

SEC. 8. USE OF FIBRE DRUM PACKAGING.

    (a) Initiation of Rulemaking Proceeding.--Not later than the 60th 
day following the date of the enactment of this Act, the Secretary of 
Transportation shall initiate a rulemaking proceeding to determine 
whether the requirements of section 105(a) of the Hazardous Materials 
Transportation Act as they pertain to openhead fiber drum packaging can 
be met for the domestic transportation of liquid hazardous materials 
(with respect to those classifications of liquid hazardous materials 
transported by such drums pursuant to regulations in effect on 
September 30, 1991) with standards other than the performance oriented 
packaging standards adopted under docket number HM-181 contained in 
part 178 of title 49, Code of Federal Regulations.
    (b) Issuance of Standards.--If the Secretary of Transportation 
determines, as a result of the rulemaking proceeding initiated under 
subsection (a), that a packaging standard other than the performance 
oriented packaging standards referred to in subsection (a) will provide 
an equal or greater level of safety for the domestic transportation of 
liquid hazardous materials than would be provided if such performance 
oriented packaging standards were in effect, the Secretary shall issue 
regulations which implement such other standard and which take effect 
before October 1, 1996.
    (c) Completion of Rulemaking Proceeding.--The rulemaking proceeding 
initiated under subsection (a) shall be completed before October 1, 
1995.
    (d) Limitations.--
            (1) Limitation on applicability.--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 the Hazardous 
        Materials Transportation Act.
            (2) Limitation of statutory construction.--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. 9. BUY AMERICA.

    (a) Compliance With Buy American Act.--None of the funds made 
available under this Act 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) Purchase of american-made equipment and products.--In 
        the case of any equipment or products that may be authorized to 
        be purchased with financial assistance provided under this Act, 
        it is the sense of Congress that entities receiving such 
        assistance should, in expending such assistance, purchase only 
        American-made equipment and products.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance under this Act, the Secretary of 
        Transportation shall provide to each recipient of the 
        assistance a notice describing the statement made in paragraph 
        (1) by Congress.
    (c) Prohibition of Contracts.--If it has been finally determined by 
a court or Federal agency that any person intentionally affixed a label 
bearing a ``Made In America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, such person shall be ineligible 
to receive any contract or subcontract made with funds provided 
pursuant to this Act, 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) General rule.--Except as provided in paragraph (2), no 
        contract or subcontract may be made with funds authorized under 
        this Act 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) Exceptions.--
                    (A) Waiver authority.--The Secretary of 
                Transportation may waive the provisions of paragraph 
                (1) if the products or services required are not 
                reasonably available from companies organized under the 
                laws of the United States. Any such waiver shall be 
                reported to Congress.
                    (B) Limitation on applicability.--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.

SEC. 10. TECHNICAL AMENDMENTS.

    (a) Packaging.--
            (1) Sections 103(5)(B), 103(6)(A)(iii), and 109(c) (49 
        U.S.C. App. 1802(5)(B), 1802(6)(A)(iii), 1808(c)) are each 
        amended by striking ``packages'' and inserting ``packaging''.
            (2) Sections 105(a)(3), 105(a)(4)(B)(v), 110(a)(1), and 120 
        (49 U.S.C. App. 1804(a)(3), 1804(a)(4)(B)(v), 1809(a)(1), 1818) 
        are each amended by striking ``a package or container'' and 
        inserting ``packaging and a container''.
            (3) Section 106(c)(1)(B) (49 U.S.C. App. 1805(c)(1)(B)) is 
        amended by striking ``a bulk package'' and inserting ``bulk 
        packaging'' and by striking ``the package'' and inserting ``the 
        bulk packaging''.
    (b) Other.--Section 105(a)(3) (49 U.S.C. App. 1804(a)(3)) is 
amended by inserting ``hazardous materials'' after ``shipped'' and 
section 105(e)(1) (49 U.S.C App. 1804(e)(1)) is amended by inserting 
``, or a component of a container or package,'' after ``package''.

            Passed the House of Representatives November 21, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 2178 RFS----2