[Congressional Record Volume 140, Number 111 (Thursday, August 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
      HAZARDOUS MATERIALS TRANSPORTATION AUTHORIZATION ACT OF 1993

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 347, S. 1640, 
the Hazardous Materials Transportation Authorization Act.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1640) to amend the Hazardous Materials 
     Transportation Act to authorize appropriations to carry out 
     that act, and for other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Commerce, Science, and Transportation, with 
amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                S. 1640

       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 [insert] 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 [retrained,] 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 [``packaging''.] ``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 [``bulk] ``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.

  The PRESIDING OFFICER. The question is on agreeing to the committee 
amendments.
  The committee amendments were agreed to.
  Mr. EXON. Mr. President, the Hazardous Materials Transportation 
Authorization Act includes commonsense changes in the basic hazmat law 
and several related truck safety initiatives which will significantly 
advance safety on all modes. I know of no opposition to this measure.
  The bill reauthorizes the hazmat program and incorporates several 
provisions to improve the use of hazmat resources by the Department of 
Transportation, as well as state and local authorities.
  To improve emergency response training and planning, the 1994 bill 
would allow Indian tribes to qualify for hazmat planning grants, and 
clarifies the training criteria for emergency response.
  The bill also requires the retention of shipping papers for improved 
hazmat enforcement.
  To prevent retaliation from our international trading partners, a 
registration and fee exemption for hazmat shippers domiciled outside of 
the United States is included.
  The hazmat bill requires that the promotion of safe hazardous 
materials transportation become a top priority in intelligent vehicle 
highway system program (IVHS). This provision which was expanded and 
incorporates language from a related provision in the House bill. As 
the author of the Senate provision, I make clear that the new provision 
does not create a preference for any specific system, technology, 
invention or provider. Any and all projects funded under this section 
should be subject to competitive selection.
  This legislation also requires that the Department of Transportation 
issue final rules with regard to two pending rail tank car safety 
rulemakings. These rulemakings have taken on a life of their own. The 
previous administration let these important decisions linger for years. 
I have the assurance from Federal Rail Administrator Jolene Molitoris 
that she will bring this proceeding to a timely conclusion.
  One provision of which I am very proud attempts to motivate safe 
behavior at rail/highway grade crossings. Under the bill before the 
Senate, a new Federal fine could be imposed on any driver of a motor 
vehicle carrying hazardous materials or a driver of any commercial 
motor vehicle, who enters a highway-railroad grade crossing without 
having sufficient space to drive completely through the crossing 
without stopping. This provision is in response to the terrible tank 
car train accident in 1993 where a truck gridlocked on a crossing and 
was hit by the train. The resulting fireball killed the driver and 
several innocent drivers in hereby cars.
  In the area of general safety enforcement, the bill improves the 
ability to enforce current hours of service rules for all professional 
drivers and recognizes that there are seasonal needs in rural America 
which must be recognized by the hours of service rules. The current 
hours of service rules recognize that small package delivery companies 
need accommodation during the Christmas season. The seasonal needs of 
farmers and farm suppliers, also deserve accommodation. Rural Americans 
want to obey the law. A policy of regulatory forbearance is not enough. 
Such a policy tells drivers to break the law because you may not be 
caught. However, if you are transporting farm chemicals in violation of 
the hours of service rules, and you are caught, the consequences could 
be economically catastrophic. A clear set of rules which take into 
account seasonal circumstances which are obeyed is not only fair to 
rural Americans, it is safer for all Americans. This bill requires that 
the Secretary review through a rulemaking the seasonal application of 
the hours of service rules as they apply to farmers and retail farm 
suppliers.

  The legislation before the Senate also requires the Secretary to 
issue rules which will make it easier for employers to verify the 
safety record of new truck drivers. A trucker fired for unsafe driving, 
drug use or alcohol abuse should not be able to simply walk across the 
street to a new employer with an unsafe record hidden in the shadows of 
legal ambiguity.
  The bill also instructs the Secretary of Transportation to create a 
toll free number for drivers, shippers and the public to call to report 
potential hazardous materials transportation act violations. Crime 
stopper numbers which exist in law enforcement and have led to the 
arrest of dangerous criminals provide a model for the Department of 
Transportation.
  In addition, the pending legislation embraces and slightly modifies 
the major provisions of the House passed Hazardous Materials 
Transportation Act. Members and staff of the House Public Works, Senate 
Commerce and House Energy and Commerce Committees worked together to 
craft a compromise bill which significantly advances the public safety. 
I am especially pleased to support the House provisions which enhance 
hazmat worker training.
  I urge my colleagues to join me in supporting the swift enactment of 
the Hazardous Materials Transportation Authorization Act of 1994.
  Thank you, Mr. President.


                           amendment no. 2552

   (Purpose: An amendment in the nature of a substitute to amend the 
Hazardous Materials Transportation Act, to authorize appropriations for 
   that act, to provide for trucking industry reform, and for other 
                               purposes)

  Mr. FORD. Mr. President, on behalf of Senator Exon, I send to the 
desk a substitute amendment and I ask unanimous consent that the Senate 
proceed to its immediate consideration; that the amendment be agreed 
to; and that the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2552) was agreed to.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. EXON. Mr. President, I am pleased to offer the Trucking 
Regulatory Reform Act of 1994 as an amendment to S. 1640, the Hazardous 
Materials Transportation Authorization Act of 1994. This legislation 
pursues a comprehensive trucking regulatory reform agenda which is 
designed to meet the legitimate concerns about the expense of trucking 
regulation expressed by both Houses of Congress.
  This legislation was crafted after close consultations with the 
bipartisan membership of the Interstate Commerce Commission, Members of 
both parties and Houses of Congress, shippers, truckers, brokers and 
the administration.
  This landmark legislation will improve surface transportation 
efficiency, save taxpayer dollars, protect the public interest and 
preserve transportation safety.
  The legislation before the Senate is a compromise proposal designed 
to draw the Congress back from the brink of rash and unreasonable 
action with regard to the future of the Interstate Commerce Commission. 
It is an effort to pursue needed reform in Federal trucking regulation 
and at the Interstate Commerce Commission while at the same time 
preserving the much needed safety, dispute resolution and independent 
functions of the commission.
  The Exon-Packwood amendment represents fundamental reform in trucking 
regulation. It also offers the Congress an opportunity to save real 
money, rather than just shuffle expense from one agency to another.
  There are five basic elements of this reform package. Under this 
proposal: (1) the obligation to file rates would be eliminated for 
individual truck companies; (2) entry review would be streamlined and 
limited to insurance and safety matters; (3) the ICC would be given 
exemption authority over trucking matters under its jurisdiction; (4) 
the Secretary of Transportation would be required to report to the 
Congress on future organizational options for the ICC and whether 
further operational and regulatory efficiencies can be achieved; (5) 
following the philosophy of section 211 of the Airport Improvement Act 
of 1994 which preempts state regulation of motor carrier rate, route 
and services, the intra-state rate regulation of interstate bus 
services would preempted.

  The Exon-Packwood trucking regulatory reform amendment builds on the 
success of the Negotiated Rates Act which this Congress enacted last 
year ending the nightmare of the undercharge claims form Bankrupt 
trucking companies. The amendment does nothing to weaken the 
protections of the Negotiated Rates Act and contains specific language 
to prevent a future undercharge crisis.
  I ask the appropriations conference committee to consider this reform 
agenda in when it takes up the transportation appropriations bill. This 
reform agenda will save at least $50 million over years and likely much 
more.
  The harsh, rash and possibly expensive action of the House of 
Representatives to defund the ICC without dealing with any commission 
functions should be balanced against this responsible, prudent 
approach.
  Mr. President, the Negotiated Rates Act, section 212 of the 1994 
Airport Improvement Program Act and this legislation form a trilogy of 
historic trucking economic reform legislation adopted by the 103d 
Congress and fully supported by the Clinton administration.
  Years of gridlock, turf protection, and mistrust have been replaced 
by an agenda of change, productivity and efficiency. The Nation has a 
secretary of transportation committed to safety and efficiency and a 
interstate. commerce commission committed to its mission of protecting 
the public interest and advancing interstate commerce. These two facts 
make this reform agenda not only possible but responsible.

  This trilogy of legislation will not only save tens of millions of 
dollars for Federal and State taxpayers, they will save hundreds of 
millions of dollars for the private sector and add to the efficiency of 
the greatest transportation network in the world.
  Let no one interpret this agenda of reform as a license for the 
irresponsible. In the past, economic regulation often served as a proxy 
for safety regulation. The theory was that regulation and protection 
from competition would assure safe operations and equipment. However, 
we have learned that regulation for regulation's sake can divert 
resources away from safety and toward red tape.
  This reform agenda will require the Congress and the States to 
rededicate and redeploy their resources to tough, modern and thorough 
safety enforcement. By and large, the private sector has at long last 
learned the link between safe operations and competent drivers and the 
bottom line. The slip-shod, the careless and the reckless in the 
trucking industry should take no comfort in today's action. As long as 
I have a role in transportation policy, I will insist on the highest 
levels of safety possible.
  I encourage my colleagues to support the Trucking Regulatory Reform 
Act and congratulate my colleagues of the 103d Congress and the 
administration for enacting a body of legislation which at least in the 
motor carrier segment of the economy reinvents government, enhances 
productivity, and preserves public safety.
  Mr. HOLLINGS. Mr. President, I rise in support of S. 1640, the 
Hazardous Materials Transportation Authorization Act of 1994, as 
amended by Senator Exon's amendment in the nature of a substitute. The 
bill as amended authorizes funding for the Department of 
Transportation's hazardous materials transportation program and 
provides for regulatory reform of the trucking industry. I urge my 
colleagues to support this legislation.
  A safe and efficient transportation system is an important 
requirement for our country. In fact, the American transportation 
system is the envy of the world. But there is always the opportunity to 
improve the transportation system, both immediately and in the future. 
Such improvements are the goals of this bill.
  Title I of this bill amends the Hazardous Materials Transportation 
Act. The bill mandates that the Secretary of Transportation explore the 
use of the intelligent vehicle--highway system technologies to promote 
the safe transportation of hazardous materials. In addition, there is a 
provision that could help to stem the appalling loss of life in grade 
crossing accidents. Over 600 people are killed each year due to grade 
crossing accidents. Further, the bill mandates tighter enforcement of 
truck drivers' records and their record of duty status. These 
provisions will allow authorities to remove fatigued and overworked 
drivers from the Nation's highways.
  Title II of this amended bill is entitled the Trucking Industry 
Regulatory Reform Act of 1994. The text of title II is very similar to 
S. 2275, which was introduced by Senator Exon and cosponsored by 
Senator Packwood. This title is the product of a bipartisan effort to 
provide meaningful reform in the surface transportation industry. The 
provisions address the concerns raised by some that the Interstate 
Commerce Commission [ICC] is no longer needed and should be abolished 
immediately, without further discussion as to what should be done with 
the ICC's functions or the effect on the public interest of eliminating 
the ICC.
  This legislative language was developed after a Commerce Committee 
hearing on the ICC and its role in both the motor carrier and rail 
industries. The witnesses at that hearing were almost unanimous on 
three important issues. First, they supported further trucking reform 
legislation along the lines of S. 2275. Second, they agreed that there 
is a need for an independent ICC to attend to the important rail 
industry regulatory duties Congress entrusted to the ICC to protect the 
public interest. Third, they testified that any move to restructure or 
eliminate the ICC must be preceded by careful study of the advantages 
and disadvantages of such a move.
  Title II of this bill accomplishes all of those goals. It broadens 
the entry provisions for carriers seeking to enter the industry. 
Allowing more carriers to enter the industry will create more 
competition within the industry and lower prices for the public. In 
addition, this title requires the ICC to devote more of its resources 
to its administration of the Nation's rail industry. The recent 
announcements by rail carriers of two contemplated mergers underscore 
the need for an ICC with the authority and expertise to pass on these 
very complicated and very important transactions in the public 
interest. Finally, this title provides for a study of the ICC's role in 
the future. The study is to determine which of the ICC's functions are 
necessary to the future of the Nation, and whether those functions 
should remain with the ICC or be transferred to another agency. In the 
case of function recommended for transfer, the study is to indicate 
when such a transfer could be accomplished without disruption to the 
public interest.
  This legislation takes a constructive approach to improving the 
Nation's surface transportation system. Through this bill we will 
improve the present and future transportation of hazardous materials, 
increase our ability to ensure that only safe drivers use the roads, 
and ensure that the economic regulation of the motor carrier and rail 
industries is no more than is necessary to protect the public and 
contribute to industry's ability to move goods and provide service.
  I urge my colleagues to support passage of S. 1640, as amended.
  Mr. EXON. Mr. President, my substitute amendment to the Hazardous 
Materials Transportation Authorization Act includes a provision to 
improve compliance with the hours of service rules governing the number 
of hours which a driver can operate. These revisions will help ensure 
that the hours of service regulations are enforceable in a manner which 
does not impose an unreasonable cost to drivers or motor carriers.
  The retention of documents for 6 months should not place any 
significant burden on carriers. In most cases, these documents are 
retained for tax and expense purposes. This provision will give 
enforcement personnel easier access to documents which can support or 
disprove an allegation of hours of service violation. Reports that 
auditors have been forced to retrieve documents from garbage dumpsters 
or play hide-and-seek with firms that have a policy of habitual hours 
of service violation give rise to the need for this provision.
  Most professional drivers and trucking firms obey the law. Those that 
do not endanger the driving public and compete unfairly with those who 
follow the rules. Most truckers I know, work hard and play by the 
rules. This provision will eventually help make our highways safer.
  The Surface Transportation Subcommittee is very concerned about 
reports that a small number of drivers engage in gross and repeated 
abuse of the rules.
  The purpose of this reform is to encourage compliance, discourage 
gross abuses, and give auditors and enforcement personal the means to 
ensure, for example, that drivers are not backing their logbooks or 
driving ``off the books.''
  The documents retained under this provision can help verify logbook 
entries, corroborate the time, date and location of a driver or serve 
as evidence which disproves the accuracy of log book entries. Of 
course, the time, date and location on a receipt, phone bill or toll 
stub is only as accurate as the accuracy of the issuer.
  The regulations under this provision would be subject to public 
comment and should encourage the use of self-compliance systems by 
motor carriers, such as computer programs which verify driver location. 
The regulations should also encourage a ``systems'' approach by 
carriers to help prevent as well as penalize violations. The documents 
covered by this provision could be written or electronic and could be 
generated by the carrier, driver or a third party.
  The object of this provision is to help make the roads safer by 
giving enforcement personnel the ability to catch those flagrant 
abusers. It is not designed to create a trap for drivers who receive, 
for example, a pre-stamped toll receipt or to unfairly punish drivers 
for a de minimis deviation from the current rules.
  To the extent technically feasible the regulations should also look 
to the future and the possibility of actually reducing the burdens of 
record keeping while at the same time enhancing the effectiveness of 
enforcement through the use of Intelligent Vehicle Highway Systems 
[IVHS] which in the near future could provide data directly to 
enforcement personnel.
  Mr. President, this provision is an important safety advancement and 
merits the support of the U.S. Senate.
  On a separate matter Mr. President, section 107 of the bill before 
the Senate amends section 5125(g) of the Hazardous Material 
Transportation Act to give the Department of Transportation authority 
to obtain information from States on hazmat fees. Section 5125(g) as 
amended contains an administrative mechanism so that the Department of 
Transportation can determine whether hazmat fees are excessive or are 
used for purposes unrelated to transportation and therefore subject to 
pre-emption. While the recodification of title 49 (PL 103-272) intends 
no substantive chances in meaning there is a change in crucial language 
relating to 5125(g). I wish to make it clear that even though the 
recodification refers to fees that are ``fair'' rather than 
``equitable,'' the usual constitutional commerce clause protections 
remain applicable and prohibit fees that discriminate or unduly burden 
interstate commerce.
  Mr. HOLLINGS. Mr. President, I rise today to advise my colleagues of 
the basis for my support of a provision in the amendment of the Senator 
from Nebraska to the Hazardous Materials Transportation Authorization 
Act of 1994. The provision pertains to the use of fibre drum packaging.
  Congress has authorized the Department of Transportation [DOT] to 
grant exemptions to its requirements for packagings that are known to 
be safe. However, DOT has been reluctant to grant a domestic exemption 
for open-head fibre drums, despite DOT and industry records that show 
that these packagings have a 099.99 percent safety record. In fact, the 
open-head fibre drum--which is based upon American technology--has been 
used to ship hazardous materials in a safe manner in the United States 
for over 30 years.
  DOT's reason for denying the fibre drum industry's exemption request 
was that open-head fibre drums for liquids fail to meet certain U.N. 
requirements. IT is important that Congress recognize that the U.N. 
standards with which these drums must conform have not been 
scientifically validated and there has been minimal experience in using 
these standards in the real transportation environment. Open-head fibre 
drums, on the other hand, conform to stringent industry standards and 
have a demonstrated 99.99 percent safety record in the real 
transportation environment. Despite DOT's authority under both the U.N. 
standards and the Hazardous Materials Transportation Act [HMTA] to make 
exceptions and exemptions to the standards adopted under docket HM-181, 
and the fact that DOT has granted other exceptions and exemptions to 
the HM-181 standards based on safety reasons, DOT has refused to 
authorize the continued use of American Fibre drums in domestic 
commerce beyond October 1, 1996,when the HM-181 standards become 
totally effective. The bill approved by the Commerce, Science, and 
Transporatation Committee did not address DOT`s failure to continue the 
authorization of open-head fibre drums because an appropriate provision 
for addressing this issue had not, at the time of the Committee's mark-
up, been agreed upon.
  The House of Representatives passed an HMTA reauthorization bill 
(H.R. 2178) on November 21, 1993. That bill included an HMTA amendment 
requiring DOT to conduct a rulemaking proceeding to determine whether 
open-head fibre drums can be safely regulated in accordance with 
standards other than the HM-181 standards by October 1, 1995. If the 
Department determines that alternative standards are appropriate, then 
they must issue these standards by October 1, 1996. The provision in 
the Senator from Nebraska's amendment to S. 1640 is the same as the one 
in H.R. 2178.
  The provision does not specify the factors that DOT should consider 
in conducting the initial rulemaking. As a point of clarification, I 
ask the Senator from Nebraska whether my understanding is correct that 
it is the sponsor's intention that, in conducting this rulemaking to 
determine whether standards other than those of HM-181 may be used to 
safely regulate open-head fibre drums, DOT must consider DOT's 
hazardous incident reporting system and industry records and the 30 
years of shipping experience associated with the use of these drums. I 
further understand that DOT must consider the existing industry 
standards for these drums since these standards have led to the 
industry's excellent shipping record.
  Mr. EXON. Mr. President, I agree with the Chairman's understanding of 
DOT's consideration of the existing safety record and shipping 
experience of open-head fibre drums that have been used domestically in 
conducting its rulemaking under this provision. Additionally, DOT 
should consider the existing industry standards that have been 
developed by the fibre drum industry, since these standards are 
responsible for the current safety record of open-head fibre drums. The 
use of this data will help the Secretary of Transportation determine 
whether open-head fibre drums can be regulated safely in accordance 
with standards other than those of HM-181.
  Mr. HOLLINGS. I thank the Senator from Nebraska for his comments. 
Based on this understanding, I support this legislation to amend the 
Hazardous Materials Transportation Act to authorize appropriations 
through fiscal year 1997 and to require DOT to conduct a rulemaking to 
determine if open-head fibre drums can be safely regulated. As provided 
in the House bill, DOT must make a determination by October 1, 1995, as 
to whether standards other the HM-181 standards are appropriate and 
must issue these alternative standards by October 1, 1996. This 
amendment represents a viable approach to ensuring that a proven 
American technology is not unnecessarily eliminated while ensuring 
public safety concerns are met.
  Mr. THURMOND. Mr. President, I rise today to ask Senator Exon, my 
colleague from Nebraska, a question regarding S. 1640, the Hazardous 
Materials Transportation Authorization Act of 1994. It is my 
understanding that S. 2275, the Trucking Industry Regulatory Reform Act 
of 1994, has been incorporated into this measure. My question is 
whether it is the intention of this legislation to include ``mileage 
guide'' within the definition of a ``rate, classification, rule, or 
practice''?
  Mr. EXON. Yes.


                    consideration of recommendations

  Mrs. HUTCHISON. Mr. President, I know that this Congress cannot bind 
a future Congress, however, as the current ranking Republican member of 
the Senate Surface Transportation Subcommittee, I believe that we can 
provide assurances of our intentions to proceed expeditiously to 
consider the recommendations for future reform by the Secretary of 
Transportation and the Interstate Commerce Commission. Does the current 
chairman of the Surface Transportation Subcommittee share my belief 
that our subcommittee should move ahead in a timely manner to consider 
reform recommendations in the next Congress?
  Mr. EXON. I appreciate the Senator's question, and help in moving 
this important legislation. I share the Senator's intention. The 
reports required by this legislation will be taken most seriously and 
will be critical for future reform. I have every intention of giving 
the recommendations of the Secretary of Transportation and the 
Interstate Commerce Commission full, fair and swift consideration.
  Mr. PACKWOOD. Mr. President, I am pleased to join Senator Exon in 
support of the Trucking Industry Regulatory Reform Act of 1994 and to 
thank him for his leadership.
  Recently the House of Representatives voted to strike funding for the 
Interstate Commerce Commission from the Transportation appropriations 
bill for fiscal year 1995.
  I strongly disagree with this approach. Anyone who knows my record 
knows that I would totally deregulate the trucking industry, other than 
safety and insurance. And I would totally deregulate the railroads 
except for modest exceptions. But I would keep the ICC. I do not 
quarrel with the job the ICC does. I quarrel with the job we give it to 
do.
  I have learned over the years that merger for the sake of merger does 
not result in efficiency or reduced expenditures. I have also learned 
that small is better than big.
  The ICC has expertise and independence that I value. It has been an 
asset in our efforts to deregulate transportation industries, and it is 
an efficient agency. Thirty years ago the ICC had 2,500 employees. Now 
it has 625.
  We can reduce ICC's budget by eliminating some costly and obsolete 
motor carrier regulatory functions. Our bill will do this. Our bill 
will virtually eliminate the ICC's remaining motor carrier functions. 
However, ICC performs other functions that would have to be performed 
by someone else. Transferring these functions to another agency would 
be extremely disruptive. And the General Accounting Office has 
concluded that the cost savings would be small.
  Our bill is intended to address perceived problems in a deliberate 
and systematic fashion, and avoid the uncertainty, confusion and 
potential chaos that could ensue if we simply eliminate the ICC without 
a larger strategy.
  Our bill offers the potential for further efficiencies down the road. 
It would direct the ICC and the Secretary of Transportation to study 
additional opportunities to streamline or eliminate remaining functions 
as well as any other means of achieving further efficiencies. I look 
forward to full and prompt consideration of the Secretary's findings 
and recommendations. I pledge to continue my efforts to reduce 
regulation and unnecessary government spending.
  The PRESIDING OFFICER. The bill is open to further amendment. If 
there be no further amendment to be proposed, the question is on the 
engrossment and third reading of the bill.
  The bill was ordered to be engrossed for the third reading and was 
read the third time.
  Mr. FORD. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of H.R. 2178, the 
House companion bill, and that the Senate then proceed to its immediate 
consideration; that all after the enacting clause be stricken and the 
text of S. 1640, as amended, be inserted in lieu thereof; that the bill 
be advanced to third reading and passed, the motion to reconsider be 
laid upon the table; and that upon disposition of H.R. 2178, the Senate 
measure be indefinitely postponed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (H.R. 2178) was deemed read the third time and passed.
  The bill was not available for printing. It will appear in a future 
issue of the Record.

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