[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

                                 ______


                        EXON AMENDMENT NO. 2552

  Mr. FORD (for Mr. Exon) proposed an amendment to the bill (S. 1640) 
to amend the Hazardous Materials Transportation Act to authorize 
appropriations to carry out that act, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

       TITLE I--HAZARDOUS MATERIALS TRANSPORTATION ACT AMENDMENTS

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Hazardous Materials 
     Transportation Authorization Act of 1994''.

     SEC. 102. AMENDMENT OF TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other 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 
     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. 105. PLANNING GRANTS FOR INDIAN TRIBES.

       (a) Authority to Make Grants.--Section 5116(a)(1) (relating 
     to planning grants) is amended--
       (1) by inserting ``and Indian tribes'' after ``States'' the 
     first place it appears; and
       (2) by striking ``in a State and between States'' and 
     inserting ``on lands under the jurisdiction of a State or 
     Indian tribe, and between lands under the jurisdiction of a 
     State or Indian tribe and lands of another State or Indian 
     tribe''.
       (b) Maintenance of Effort.--Section 5116(a)92) (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 
     coordinated with emergency planning conducted by adjacent 
     States and Indian tribes.''.

     SEC. 106. TRAINING CRITERIA FOR SAFE HANDLING AND 
                   TRANSPORTATION.

       Section 5107(d) (relating to coordination of training 
     requirements) is amended--
       (1) by inserting ``or duplicate'' after ``conflict with''; 
     and
       (2) by striking ``hazardous waste operations and'' and 
     inserting ``hazard communication, and hazardous waste 
     operations, and''.

     SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL 
                   SUBDIVISIONS, AND INDIAN TRIBES.

       Section 5125(g) (relating to fees) is amended--
       (1) by inserting ``(1)'' after ``(g) Fees.--''; and
       (2) by adding at the end the following:
       ``(2) A State or political subdivision thereof or Indian 
     tribe that levies a fee in connection with the transportation 
     of hazardous materials shall, upon the Secretary's request, 
     report to the Secretary on--
       ``(A) the basis on which the fee is levied upon persons 
     involved in such transportation;
       ``(B) the purposes for which the revenues from the fee are 
     used;
       ``(C) the annual total amount of the 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 
     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. 109. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

       (A) In General.--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 systems technologies to promote hazardous 
     materials transportation safety. The Secretary of 
     Transportation shall ensure that 2 or more operational tests 
     funded under such Act shall promote such safety and advance 
     technology for providing information to persons who provide 
     emergency response to hazardous materials transportation 
     incidents.
       (b) Grants for Certain Emergency Response Information 
     Technologies.--
       (1) In carrying out one of the operational tests under 
     subsection (a), the Secretary of Transportation may make 
     grants to one or more persons, including a State or local 
     government or department, agency, or instrumentality thereof, 
     to demonstrate the feasibility of establishing and operating 
     computerized telecommunications emergency response 
     information technologies 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 hazardous 
     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 
     shipments by motor carriers either directly or through 
     linkage with other systems.
       (2) Any project carried out with a grant under this 
     subsection 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 common 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:
       (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. 111. SAFE PLACEMENT OF TRAIN CARS.

       The Secretary of Transportation shall conduct a study of 
     existing practices regarding the placement of cars on trains, 
     with particular attention to the placement of cars that carry 
     hazardous materials. In conducting the study, the Secretary 
     shall consider whether such placement 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, 
     (relating 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 
     regulations amending part 395 of title 49, Code of Federal 
     Regulations, to improve--
       (A) compliance by commercial motor vehicle drivers and 
     motor carriers with hours of service requirements; and
       (B) the effectiveness and efficiency of 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 
     carrier so as to allow verification of the accuracy of such 
     documents at a reasonable cost, to the driver and the motor 
     carrier, of record acquisition and retention.
       (3) A provision specifying the period during which 
     supporting documents shall be retained by the motor carrier. 
     The period shall be at least 6 months from the date of a 
     document's receipt.
       (4) A provision to authorize, on a case-by-case basis, 
     motor carrier self-compliance systems that 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 Secretary and that 
     are subject to audit by Federal and State enforcement 
     officers.
       (5) A provision to allow a waiver, on a case-by-case basis, 
     of certain requirements of section 395.8(k) of title 49, Code 
     of Federal Regulations (or successor regulations thereto), 
     when sufficient supporting 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 
     section, a supporting document is any document that is 
     generated or received by a motor carrier or commercial motor 
     vehicle driver in the normal course of business that could be 
     used, as produced or with additional identifying 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 States Code, 
     (relating to limitation on the number of driver's licenses) 
     after being found to have used, in violation of law or 
     Federal regulation, 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. 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 
     package'' each place it appears and inserting ``, package, or 
     packaging (or a component of a container, package, or 
     packaging)''.

     SEC. 118. HOURS OF SERVICE RULEMAKING FOR FARMERS AND RETAIL 
                   FARM SUPPLIERS.

       Not later than 3 months after the date of enactment of this 
     Act the Secretary of Transportation shall initiate a 
     rulemaking proceeding to determine whether or not the 
     requirements of section 395.3 of title 49 Code of Federal 
     Regulations, relating to hours of service, may be waived for 
     farmers and retail farm suppliers when such farmers and 
     retail farm suppliers are transporting crops or farm 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 
     subsections:
       ``(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 
     departments 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 
     organization under this subsection in a fiscal year if the 
     organization enters into an agreement with the Secretary to 
     train instructors to conduct hazardous materials response 
     training programs in such fiscal year that will use--
       ``(A) a course or courses developed or 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 
     Secretary 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. 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 5116(i), $250,000 for each of fiscal 
     years 1995, 1996, 1997, and 1998:
       ``(B) In addition to amounts made available under 
     subparagraph (A), there is authorized to be appropriated to 
     the Secretary 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) (relating to hazmat employee training 
     funding is) amended to read as follows:
       ``(b) Training of Hazmat Employee Instructors.--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 
     Secretary 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 Federal Register of the reason why 
     the Secretary's decision on the 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 additional 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 
     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. 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 transportation) 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 
     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) 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 provided 
     under this title, it is the sense of Congress that entities 
     receiving such assistance should, in expending such 
     assistance, purchase only American-made equipment and 
     products.
       (2) In providing financial assistance under this title, the 
     Secretary of Transportation shall provide to each recipient 
     of the assistance a notice describing the statement made in 
     paragraph (1) by Congress.
       (c) Prohibition of Contracts.--If it has been 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 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) Secretary of Transportation may waive the provisions 
     of paragraph (1) if the products or services required are not 
     reasonably available from companies organized under the laws 
     of the United States. Any such waiver shall be reported to 
     Congress.
       (B) Paragraph (1) shall not apply to the extent that to do 
     so would violate the General Agreement on Tariffs and Trade 
     or any other international agreement to which the United 
     States is a party.

             TITLE II--TRUCKING INDUSTRY REGULATORY REFORM

     SEC. 201. SHORT TITLE.

       This title may by cited as the ``Trucking Industry 
     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 efficiency in government.

     SEC. 204. TRANSPORTATION POLICY.

       Section 10101(a)(2) (relating to transportation policy) is 
     amended--
       (1) by redesignating subparagraphs (A) through (I) as 
     subparagraphs (C) through (K), respectively, and
       (2) by inserting before subparagraph (C) (as so 
     redesignated) the following: ``(A) encourage fair 
     competition, and reasonable rates for transportation by motor 
     carriers of property; (B) promote Federal regulatory 
     efficiency in the motor carrier transportation system and to 
     require fair and expeditious regulatory decisions when 
     regulation is required;''.

     SEC. 205. EXEMPTIONS.

       (a) In General.--Section 10505 (relating to authority to 
     exempt rail carrier transportation) is amended--
       (1) by inserting ``, or a motor carrier providing 
     transportation of property other than household goods, or in 
     non-contiguous domestic trade,'' after ``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 
     transportation of property other than household goods, or in 
     non-contiguous domestic trade,'' after ``rail carrier'' in 
     subsection (f), and
       (4) by striking out ``or'' in subsection (g), and inserting 
     after ``subtitle'' the following: ``, (3) to 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 packaging 
     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) 
     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) 
     (relating to authority for carriers to establish rates, 
     classifications, rules, and practices) is amended by 
     inserting ``, except a motor contract carrier of property,'' 
     after ``A contract carrier''.
       (b) Prohibition of Transportation Without Tariff.--Section 
     10761(a) (relating to transportation prohibited without 
     tariff) is amended--
       (1) by inserting ``(excluding a motor common carrier 
     providing 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 participating 
     carrier certifying its continuing participation in such 
     tariff, which certification shall be kept open for public 
     inspection''.
       (c) General Tariff Requirement.--Section 10762(a) (relating 
     to general tariff requirement) is amended--
       (1) by inserting ``(excluding a motor common carrier 
     providing 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 
     providing 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 paragraph (1),
       (3) by striking the last sentence of paragraph (1) and 
     inserting the following: ``A motor contract carrier of 
     property is not required to publish or file actual or minimum 
     rates under this subtitle. Except as 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 
     ``common 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 
     (relating to general tariff requirements) is amended by 
     adding at the end thereof the following new subsection:
       ``(j) Nothing in this section shall affect the application 
     of the provisions of the Negotiated Rates Act of 1993 (or the 
     amendments made by that Act) to undercharge claims for 
     transportation provided prior to the date of enactment of the 
     Trucking Industry Regulatory Reform Act of 1994.''.
       (f) Definition.--Section 10102 (relating to definitions) is 
     amended--
       (1) by redesignating paragraphs (13) through (31) as (14) 
     through (32), and
       (2) by inserting after paragraph (12) the following:
       ``(13) `individually determined rate, classification, rule, 
     or practice' means a rate, classification, rule, or practice 
     established 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 
     agreement 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 
     Commission 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 
     requirements under paragraph (1)(A) of (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.''.
       (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), 
     respectively,
       (3) by striking ``carrier holding authority under paragraph 
     (4)(D) of this subsection'' in paragraph (4) (as 
     redesignated) and inserting ``motor carrier providing 
     transportation of shipments weighing 100 pounds or less 
     transported in a motor vehicle in which no one package 
     exceeds 100 pounds'',
       (4) by striking ``of property'' in paragraph (5) (as 
     redesignated) and inserting ``of household goods'',
       (5) by striking ``of property'' in paragraph (6) (as 
     redesignated) and inserting ``of household goods'', and
       (6) by striking ``Notwithstanding the provisions of 
     paragraph (4) of this subsection, the provisions'' in 
     paragraph (7) (as redesignated) and inserting ``The 
     provisions''.
       (c) Certificate Specifications.--Section 10922(f)(1) 
     (relating to specifications for certificate), as 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 
     (relating 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 
     Commission pursuant to section 3144 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 demonstrating that the applicant is unable to comply 
     with this subtitle, the regulations of the Commission, safety 
     requirements of the Commission, or the safety fitness and 
     minimum financial responsibility 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 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 
     paragraphs (3) and (4) and inserting ``motor contract carrier 
     of household goods'',
       (2) by striking paragraph (5) and redesignating paragraphs 
     (6) and (7) as (5) and (6), respectively, and
       (3) by striking ``motor contract carriers of 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 
     subparagraph (A) and inserting ``if a motor carrier of 
     passengers, motor common carrier of household goods, or 
     broker'',
       (2) by striking ``and'' at the end of 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 
     requirements 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 FUNCTIONS.

       (a) Interstate Commerce Commission Report.--The Interstate 
     Commerce Commission shall prepare and submit to the Secretary 
     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 Commission 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 functions, 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 
     subsection (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:

     ``Sec. 10936. Limitation on State regulation of intrastate 
       passengers by bus

       ``A State or political subdivision of a State may not 
     enforce any law or regulation relating to intrastate fares 
     for the transportation of passengers by bus by an interstate 
     motor carrier of passengers over a route authorized by the 
     Commission.''.
       (b) Conforming Amendments.--
       (1) Section 10521(b)(1) is amended by inserting ``10936,'' 
     after ``10935,''
       (2) Section 11501 is amended by striking subsection (e) and 
     redesignating subsections (f) and (g) as (e) and (f), 
     respectively.
       (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.

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