[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1640 Reported in Senate (RS)]

                                                       Calendar No. 347

103d CONGRESS

  1st Session

                                S. 1640

                          [Report No. 103-217]

_______________________________________________________________________

                                 A BILL

   To amend the Hazardous Materials Transportation Act to authorize 
     appropriations to carry out that Act, and for other purposes.

_______________________________________________________________________

                            December 9, 1993

                        Reported with amendments





                                                       Calendar No. 347
103d CONGRESS
  1st Session
                                S. 1640

                          [Report No. 103-217]

   To amend the Hazardous Materials Transportation Act to authorize 
     appropriations to carry out that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             November 8 (legislative day, November 2), 1993

   Mr. Exon introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            December 9, 1993

  Reported under authority of the order of the Senate of November 17 
  (legislative day, November 2), 1993 by Mr. Hollings, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Hazardous Materials Transportation Act to authorize 
     appropriations to carry out that Act, 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.

    This Act may be cited as the ``Hazardous Materials Transportation 
Authorization Act of 1993''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 115(a) of the Hazardous Materials Transportation Act (49 
App. U.S.C. 1812(a)) is amended by striking all after ``not to exceed'' 
and inserting in lieu thereof ``$12,600,000 for fiscal year 1994, 
$13,100,000 for fiscal year 1995, and $13,600,000 for fiscal year 
1996.''.

SEC. 3. EXEMPTIONS FROM REQUIREMENT TO FILE REGISTRATION STATEMENT.

    Section 106(c) of the Hazardous Materials Transportation Act (49 
App. U.S.C. 1805(c)) is amended by adding at the end the following new 
paragraph:
            ``(16) Foreign offerors.--A person who is domiciled outside 
        the United States and who offers, solely from a location 
        outside the United States, hazardous materials for 
        transportation in commerce does not have to file a registration 
        statement under this subsection.''.

SEC. 4. PLANNING GRANTS FOR INDIAN TRIBES.

    (a) Authority To Make Grants.--Section 117A(a)(1) of the Hazardous 
Materials Transportation Act (49 App. U.S.C. 1815(a)(1)) is amended--
            (1) in the introductory matter, by inserting ``and Indian 
        tribes'' immediately after ``States''; and
            (2) in subparagraph (A), by striking ``within a State and 
        between a State and another State'' and inserting in lieu 
        thereof ``within the lands under the jurisdiction of a State or 
        Indian tribe, and between the lands under the jurisdiction of a 
        State or Indian tribe and the lands of another State or Indian 
        tribe''.
    (b) Maintenance of Effort.--Section 117A(a)(2) of the Hazardous 
Materials Transportation Act (49 App. U.S.C. 1815(a)(2)) is amended by 
inserting ``or Indian tribe'' immediately after ``State'' each place it 
appears.
    (c) Coordination of Planning.--Section 117A(a) of the Hazardous 
Materials Transportation Act (49 App. U.S.C. 1815(a)) is amended by 
adding at the end the following new paragraph:
            ``(4) Coordination of planning.--A State or Indian tribe 
        receiving a grant under this subsection shall ensure that 
        planning under the grant is coordinated with emergency planning 
        conducted by adjacent States and Indian tribes.''.

SEC. 5. TRAINING CRITERIA FOR SAFE HANDLING AND TRANSPORTATION.

    Section 106(b)(3) of the Hazardous Materials Transportation Act (49 
App. U.S.C. 1805(b)(3)) is amended--
            (1) in the paragraph heading, by striking ``emergency 
        response'' and -i-n-s-e-r-t inserting in lieu thereof 
        ``employee'';
            (2) by inserting ``or duplicate'' immediately after 
        ``conflict with''; and
            (3) by striking all after ``Labor relating to'' through 
        ``(and amendments thereto) and'' and inserting in lieu thereof 
        ``hazard communication, and hazardous waste operations and 
        emergency response, contained in part 1910 of title 29 of the 
        Code of Federal Regulations (and amendments thereto) or''.

SEC. 6. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL SUBDIVISIONS, 
              AND INDIAN TRIBES.

    Section 112(b) of the Hazardous Materials Transportation Act (49 
App. U.S.C. 1811(b)) is amended--
            (1) by inserting immediately after ``(b) Fees.--'' the 
        following heading:
            ``(1) Restriction.--''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Disclosure.--A State or political subdivision thereof 
        or Indian tribe that levies a fee in connection with the 
        transportation of hazardous materials shall, upon the 
        Secretary's request, report to the Secretary on--
                    ``(A) the basis on which the fee is levied upon 
                persons involved in such transportation;
                    ``(B) the purposes for which the revenues from the 
                fee are used;
                    ``(C) the annual total amount of the revenues 
                collected from the fee; and
                    ``(D) such other matters as the Secretary 
                requests.''.

SEC. 7. ANNUAL REPORT.

    Section 109 of the Hazardous Materials Transportation Act (49 App. 
U.S.C. 1808(e)) is amended by striking the first sentence and inserting 
in lieu thereof the following: ``The Secretary shall, once every 2 
years, prepare and submit to the President for transmittal to the 
Congress a comprehensive report on the transportation of hazardous 
materials during the preceding 2 calendar years.''.

SEC. 8. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

    In implementing the Intelligent Vehicle-Highway Systems Act of 1991 
(23 U.S.C. 307 note), the Secretary of Transportation shall ensure that 
the National Intelligent Vehicle-Highway Systems Program addresses, in 
a comprehensive and coordinated manner, the use of intelligent vehicle-
highway system technologies to promote hazardous materials 
transportation safety. The Secretary of Transportation shall ensure 
that one or more operational tests funded under such Act shall promote 
such safety and advance technology for providing information to persons 
who provide emergency response to hazardous materials transportation 
incidents.

SEC. 9. RAIL TANK CAR SAFETY.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall issue final regulations under the 
following:
            (1) The rulemaking proceeding under Docket HM-175A entitled 
        ``Crashworthiness Protection Requirements for Tank Cars''.
            (2) The rulemaking proceeding under Docket HM-201 entitled 
        ``Detection and Repair of Cracks, Pits, Corrosion, Lining 
        Flaws, Thermal Protection Flaws and Other Defects of Tank Car 
        Tanks''.

SEC. 10. SAFE PLACEMENT OF TRAIN CARS.

    The Secretary of Transportation shall conduct a study of existing 
practices regarding the placement of cars on trains, with particular 
attention to the placement of cars that carry hazardous materials. In 
conducting the study, the Secretary shall consider whether such 
placement practices increase the risk of derailment, hazardous 
materials spills, or tank ruptures or have any other adverse effect on 
safety. The results of the study shall be submitted to Congress within 
1 year after the date of enactment of this Act.

SEC. 11. GRADE CROSSING SAFETY.

    The Secretary of Transportation shall, within 6 months after the 
date of enactment of this Act, amend regulations--
            (1) under the Hazardous Materials Transportation Act (49 
        App. U.S.C. 1801 et seq.) to prohibit the driver of a motor 
        vehicle transporting hazardous materials in commerce, and
            (2) under the Motor Carrier Safety Act of 1984 (49 App. 
        U.S.C. 2501 et seq.) 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. 12. DRIVER'S RECORD OF DUTY STATUS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall promulgate 
regulations amending section 395.8(k) of title 49, Code of Federal 
Regulations, to require that any supporting document bearing on the 
record of duty status of a driver who operates a commercial motor 
vehicle--
            (1) be -r-e-t-r-a-i-n-e-d-, retained, by the motor carrier 
        using such driver, for at least 6 months following its receipt 
        of such document; and
            (2) include information identifying the driver and vehicle 
        related to the document.
    (b) Definition.--In this section, the term ``supporting document'' 
means any electronic or paper document or record generated in the 
normal course of business, in the provision of transportation by 
commercial motor vehicle, that could be used by a safety inspector or 
motor carrier to verify the accuracy of entries in a driver's record of 
duty status, including trip reports, pay slips, bills of lading or 
shipping papers, and receipts for fuel, lodging, and tolls.

SEC. 13. 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, 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 12020 of the Commercial Motor Vehicle Safety Act of 
        1986 (49 App. U.S.C. 2701) after being found to have used, in 
        violation of law or Federal regulation, alcohol or a controlled 
        substance;
            (3) any use by the driver, during the preceding 3 years, in 
        violation of law or Federal regulation, of alcohol or a 
        controlled substance subsequent to completing such a 
        rehabilitation program; and
            (4) any other matters determined by the Secretary of 
        Transportation to be appropriate and useful for determining the 
        driver's safety performance.
    (c) Former Employer.--For purposes of this section, a former 
employer is any person who employed the driver in the preceding 3 
years.

SEC. 14. RETENTION OF SHIPPING PAPERS.

    (a) Amendment.--Section 105(g) of the Hazardous Materials 
Transportation Act (49 U.S.C. 1804(g)) is amended by adding at the end 
the following new paragraph:
            ``(5) Retention of papers.--After the hazardous material to 
        which a shipping paper provided to a carrier under paragraph 
        (1) applies is no longer in transportation, the person who 
        provided the shipping paper and the carrier required to 
        maintain it under paragraph (1) shall retain the paper at 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.''.
    (b) Regulations.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue 
regulations implementing the requirements of paragraph (5) of section 
105(g) of the Hazardous Materials Transportation Act, as added by 
subsection (a) of this section.

SEC. 15. TOLL FREE NUMBER FOR REPORTING.

    The Secretary of Transportation shall establish a toll free ``800'' 
telephone number for transporters of hazardous materials and other 
individuals to report to the Secretary possible violations of the 
Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.) or 
any order or regulation issued under this Act.

SEC. 16. TECHNICAL CORRECTIONS.

    (a) Amendments Relating to Packaging.--(1) Sections 103(5)(B), 
103(6)(A)(iii), and 109(c) of the Hazardous Materials Transportation 
Act (49 App. U.S.C. 1802(5)(B), 1802(6)(A)(iii), 1808(c)) are each 
amended by striking ``packages'' and inserting in lieu thereof 
``packaging''.
    (2) Sections 105(a)(3), 105(a)(4)(B)(v), 110(a)(1), and 120 of the 
Hazardous Materials Transportation Act (49 App. U.S.C. 1804(a)(3), 
1804(a)(4)(B)(v), 1809(a)(1), 1818) are each amended by striking ``a 
package'' and inserting in lieu thereof -`-`-p-a-c-k-a-g-i-n-g-'-'-. 
``a packaging''.
    (3) Sections 106(c)(1)(B) of the Hazardous Materials Transportation 
Act (49 App. U.S.C. 1805(c)(1)(B)) is amended--
            (A) by striking ``a bulk package'' and inserting in lieu 
        thereof -`-`-b-u-l-k ``a bulk packaging''; and
            (B) by striking ``the package'' and inserting in lieu 
        thereof ``the bulk packaging''.
    (b) Other.--(1) Section 105(a)(3) of the Hazardous Materials 
Transportation Act (49 App. U.S.C. 1804(a)(3)) is amended by inserting 
``hazardous materials'' immediately after ``shipped''.
    (2) Section 105(e)(1) of the Hazardous Materials Transportation Act 
(49 App. U.S.C. 1804(e)(1)) is amended by striking ``or package'' and 
inserting in lieu thereof ``, package, or packaging (or a component of 
a container, package, or packaging)''.

SEC. 17. EXEMPTION FROM HOURS OF SERVICE REQUIREMENTS.

    The Secretary of Transportation shall exempt farmers and retail 
farm supplies from the hours of service requirements contained in 
section 395.3 of title 49, Code of Federal Regulations, when such 
farmers and retail farm supplies are transporting farm supplies for 
agricultural purposes within a 50-mile radius of their distribution 
point during the crop-planting season.