[Congressional Record Volume 140, Number 115 (Tuesday, August 16, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   CONCURRING IN SENATE AMENDMENT TO H.R. 2178, HAZARDOUS MATERIALS 
                 TRANSPORTATION ACT AMENDMENTS OF 1993

  Mr. MINETA. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 2178) to amend the Hazardous 
Materials Transportation Act to authorize appropriations for fiscal 
years 1994, 1995, 1996, and 1997, and for other purposes.
  The Clerk read as follows:

       Senate amendment: Strike out all after the enacting clause 
     and insert:
       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)(2) (relating to 
     planning grants) is amended--
       (1) by inserting ``or Indian tribe'' after ``State'' the 
     first and third places it appears;
       (2) by striking ``the State'' the second place it appears;
       (3) by inserting ``the State or Indian tribe'' before 
     ``certifies''; and
       (4) by inserting ``the State'' before ``agrees''.
       (c) Coordination of Planning.--Section 5116(a) (relating to 
     planning grants in general) is amended by adding at the end 
     the following new paragraph:
       ``(3) A State or Indian tribe receiving a grant under this 
     subsection shall ensure that planning under the grant is 
     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 system 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 section 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)(1) (relating to hazmat employee 
     training funding) is amended to read as follows:
       ``(b) Training of Hazmat Employee Instructors.--(1) There 
     is authorized to be appropriated to the Secretary $3,000,000 
     for each of fiscal years 1995, 1996, 1997, and 1998 to carry 
     out section 5107(e).''.
       (d) Conforming Amendments.--
       (1) Section 5108(g)(2)(A)(viii) is amended by striking 
     ``5107(e),''.
       (2) Section 5116(i)(1) is amended by striking ``and section 
     5107(e)''.
       (3) Section 5116(i)(3) is amended by striking ``and section 
     5107(e)''.

     SEC. 120. TIME FOR SECRETARIAL ACTION.

       (a) Exemptions.--Section 5117 (relating to exemptions and 
     exclusions) is amended--
       (1) by redesignating subsections (c) and (d) as (d) and (e) 
     respectively, and
       (2) by inserting after subsection (b) the following:
       ``(c) Applications to be Dealt with Promptly.--The 
     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) or (1)(B) of this 
     subsection and shall deny the application.
       ``(4) A person may protest an application under this 
     subsection to provide transportation only on the ground that 
     the applicant fails or will fail to comply with this 
     subtitle, the regulations of the Commission, the safety 
     requirements of the Commission, or the safety fitness or 
     minimum financial responsibility requirements of paragraph 
     (1) of this subsection.''.
       (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 31144 of this title, and
       ``(C) the minimum financial responsibility requirements 
     established by the Commission pursuant to section 10927 of 
     this title.
       ``(2) In deciding whether to approve the application of a 
     person for a permit as a motor contract carrier of property 
     other than household goods the Commission shall consider any 
     evidence 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 or will fail to comply with this 
     subtitle, the regulations of the Commission, safety 
     requirements of the Commission, or the safety fitness or 
     minimum financial responsibility requirements of paragraph 
     (1).''.
       (c) Application Filing Requirements.--Section 10923(c) 
     (relating to application filing requirements), as 
     redesignated by subsection (b) of this section, is amended--
       (1) by striking ``motor contract carrier of property'' in 
     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(e) is amended--
       (A) by striking all but paragraph (5),
       (B) by redesignating paragraph (5) as subsection (e), and
       (C) by striking ``paragraph'' and inserting ``subsection''.
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Mineta] will be recognized for 20 minutes, and the 
gentleman from Wisconsin [Mr. Petri] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Mineta].
  Mr. MINETA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 2178, the Hazardous 
Materials Transportation Authorization Act of 1994.
  I want to thank my colleagues who have worked diligently to pass this 
important piece of legislation. The Chair and ranking minority members 
of the Subcommittee on Surface Transportation, Congressmen Rahall and 
Petri, who worked diligently with the Senate to craft the compromise 
legislation which is before us today. I would also like to recognize 
the ranking member of the full committee, Congressman Shuster, for his 
support of this legislation as well.
  Also, I would like to extend my thanks to Congressmen Swift and 
Oxley, chairman and ranking member of the Subcommittee on 
Transportation and Hazardous Materials of the Energy and Commerce 
Committee and Chairman Dingell and ranking member Congressman Moorhead 
of the full Committee on Energy and Commerce, the Committee with which 
we share jurisdiction over the transportation of hazardous materials.
  Lastly, I would like to thank my Senate colleagues, the Chair and 
ranking member of the Senate Committee on Commerce, Science, and 
Transportation, Senators Hollings and Danforth, and the Chair and 
ranking member of the Surface Transportation Subcommittee, Senators 
Exon and Hutchinson, who labored long and hard to not only resolve the 
issues in the hazardous materials legislation, but also to include, in 
title II, comprehensive regulatory reform for the interstate motor 
carrier industry.
  Mr. Speaker, H.R. 2178 provides authorization levels for carrying out 
the Hazardous Materials Transportation Act through 1997. It further 
provides more funding for training of public and private sector 
employees; for making Indian tribes eligible for emergency planning 
grants; for ensuring that the National Intelligent Vehicle-Highway 
System Program addresses the use of its technologies to promote 
hazardous materials transportation safety; permits the Secretary of 
Transportation to waive registration and fee requirements for foreign 
shippers from countries that do not impose such registration and fee 
requirements for U.S. shippers; and provides for several studies and 
rulemakings to enhance public safety.
  Title II of H.R. 2178 contains the Trucking Industry Regulatory 
Reform Act of 1994 which provides for improving surface transportation 
efficiency and saving taxpayer dollars, while continuing to protect the 
public interest and preserving transportation safety.
  This legislation is part of a major effort by this Congress to reduce 
economic regulation in the trucking industry, to increase reliance on 
competition in the marketplace, and to reduce the size and role of the 
Government bureaucracy.
  This is the third step in a process which began with the Negotiated 
Rates Act late last year, a bill that untangled a regulatory mess that 
burdened shippers all over America.
  The Congress took the second step last Monday with the passage of the 
Aviation Conference Report when it preempted State regulation of price, 
routes, and services of motor carries, air carriers and carriers 
affiliated with direct air carriers through common controlling 
ownership when transporting property in intrastate commerce.
  Today we are eliminating the obligation to file rates for individual 
carriers operating in interstate commerce; limiting entry requirements 
to safety matters and insurance; providing the Interstate Commerce 
Commission [ICC] with exemption authority for trucking matters under 
its jurisdiction; requiring the Secretary of Transportation to study 
and report to Congress future organizational options for the ICC with 
recommendations for further operational and regulatory efficiencies; 
and preempting intrastate bus rates for interstate carriers.
  These three bills, taken together, constitute the largest regulatory 
reform in the motor carrier industry since the Motor Carrier Act of 
1980.
  We will have accomplished not just regulatory reduction, but also 
agency reduction as a result of cutting back the ICC's interstate 
regulatory functions with regard to motor carriers. This action should 
allow for the total size of the ICC to be reduced by one-third.
  American industry will benefit both from the lower costs of a reduced 
regulatory burden and from the increased efficiencies of a more 
marketplace-driven transportation industry.
  For the benefit of my colleagues, I have attached a section-by-
section of H.R. 2178 to my statement for inclusion in the Record.
  I now urge my colleagues to join with me in passage of H.R. 2178.

 Title I--Hazardous Materials Transportation Authorization Act of 1994

                      Section by Section Analysis


                        section 101--short title

       Section 101 provides the short title of the Act.


         section 102--amendment of title 49, united states code

       Section 102 provides that unless otherwise expressly 
     provided, all amendments in this title shall be considered to 
     be made to Title 49, U.S.C.


              section 103--authorization of appropriation

       Section 103 amends Section 5127(a) of Title 51, U.S.C. to 
     make appropriations for fiscal years 1994 through fiscal year 
     1997. The figures are $18 million for fiscal year 1994, 
     $18.54 million for fiscal year 1995, $19.1 million for fiscal 
     year 1996, and $19.67 million for fiscal year 1997.


section 104--exemptions from requirement to file registration statement

       Section 104 amends Section 5108(a) of Title 51, U.S.C. to 
     allow the Secretary to waive registration and fee 
     requirements for foreign shippers who are shipping hazardous 
     materials to the U.S. in international traffic only where the 
     country of such shipper does not impose registration and free 
     requirements on U.S. shippers. Foreign carriers operating in 
     the United States are not covered by the waiver provision.


             section 105--planning grants for indian tribes

       Subsections (a) and (b) make amendments to Section 
     5116(a)(1) and (a)(2) of Title 51, U.S.C. to permit Indian 
     tribes to be eligible for emergency planning conducted by 
     adjacent States and Indian tribes.


  section 106--training criteria for Safe handling and transportation

       Section 106 makes technical amendments to Section 5107(d) 
     of Title 51, U.S.C. to clarify the scope of training criteria 
     by mandating that the Department of Transportation ensure 
     that its requirements for employee training in understanding 
     hazards associated with hazardous materials shipments, as 
     well as hazardous waste operations are coordinated with, and 
     do not conflict with or duplicate other training 
     requirements.


      section 107--disclosure of fees levied by states, political 
                    subdivisions, and indian tribes

       Section 107 amends Section 5125(g) of Title 51, U.S.C. by 
     permitting the Department of Transportation to require State 
     and local jurisdictions and Indian tribes to justify fees 
     imposed in connection with hazardous materials 
     transportation; including the basis on which the fee is 
     levied, the purpose for which revenues from the fee are used, 
     the annual total amount of revenues collected from the fee 
     and other matters as the Secretary requests.


                       section 108--annual report

       Section 108 amends Section 5121(e) of Title 51, U.S.C. by 
     striking the word ``annual'' in the subsection heading and 
     amending the section to require the Department of 
     Transportation to submit a comprehensive report regarding 
     hazardous materials transportation once every two years, in 
     lieu of once a year, to the President for transmittal to 
     Congress.


            section 109--intelligent vehicle-highway systems

       Section 109 amends the Intelligent Vehicle-Highway System 
     Act in order to assure that the Secretary of Transportation 
     ensures that the National Intelligent Vehicle-Highway System 
     Program addresses the use of its terminologies to promote 
     hazardous materials transportation safety. This section 
     requires that at least two or more operational tests be made 
     to provide information to persons who provide emergency 
     response to hazardous materials transportation incidents.
       The factors for making the grants are set forth in 
     subsection (b), but they are designed to demonstrate the 
     feasibility of establishing and operating a computerized 
     telecommunications emergency response information technology. 
     Any project must include at least two motor carriers of 
     property. One should be a motor carrier that transports 
     hazardous materials and the other 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.
       The Secretary to the maximum possible should coordinate 
     this project with any existing Federal, State, local 
     government and private projects which are similar and the 
     Secretary may require that it be carried out in conjunction 
     with such projects.


                   section 110--rail tank car safety

       Section 110 requires the Department of Transportation to 
     issue final regulations, within one year of the date of 
     enactment of this legislation, on two ongoing DOT rulemaking 
     proceedings: (1) ``Crashworthiness Protection Requirements 
     for Tank Cars'' (Docket HM-175A); and (2) ``Detection and 
     Repair of Cracks, Pits, Corrosion, Lining Flaws, Thermal 
     Protection Flaws and Other Defects of Tank Car Tanks'' 
     (Docket HM-201).


               section 111--safe placement of train cars

       Section 111 mandates that the Secretary of Transportation 
     conduct a study of current practices regarding the placement 
     of rail cars on trains, with particular attention to the 
     placement of rail cars, including tank cars, transporting 
     hazardous materials. The study is to focus on whether 
     placement practices (for example, placing heavy cars 
     containing hazardous materials behind lighter weight or empty 
     cars) increase the risk of adverse safety incidents such as 
     derailments, rank ruptures, or hazardous materials spills.


                   section 112--grade crossing safety

       Section 112 requires the Secretary of Transportation, 
     within six months of the date of enactment of this 
     legislation, to amend regulations issued under chapter 51 and 
     chapter 315 of Title 49, U.S.C. to prohibit the driver of a 
     motor vehicle transporting hazardous materials in commerce 
     from driving the motor vehicle onto a highway-railroad 
     crossing without having sufficient space to drive completely 
     through the crossing without stopping.


              section 113--driver's record of duty status

       Subsection 113(a) requires the Secretary of Transportation 
     to issue regulations amending 49 C.F.R. 395, to improve 
     compliance by commercial motor vehicle drivers and motor 
     carriers with ours of service requirements and the 
     effectiveness and efficiency of Federal and State enforcement 
     officers reviewing such compliance. The regulations must be 
     proposed not later than 12 months after enactment and shall 
     be final not later than 18 months after enactment.
       Subsection 113(b) lists items required to be included in 
     the regulations.
       Subsection 113(c) defines, for purposes of this section, 
     what constitutes a supporting document.


         section 114--safety performance history of new drivers

       This section requires the Secretary, within 18 months after 
     the date of enactment of this regulation, to amend 49 C.F.R. 
     391.23 to specify the minimum safety information that a motor 
     carrier must request regarding a driver; require that such 
     information be requested of the driver's former employers 
     (defined as any person who employed the driver during the 
     preceding 3-year period); mandate that these former employers 
     respond to such inquiries within 30 days after receiving the 
     request; and ensure that the driver has reasonable 
     opportunity to review and comment on the information 
     collected.
       The safety information required includes: (1) any motor 
     vehicle accidents within the preceding 3-year period 
     involving the driver; (2) any failure of the driver, during 
     the preceding 3-year period, to complete a rehabilitation 
     program prescribed by the Commercial Motor Vehicle Safety Act 
     of 1986, after being found to violate Federal alcohol or 
     controlled substance laws or regulations; (3) any illegal use 
     by the driver of alcohol or a controlled substance subsequent 
     to completing such a rehabilitation program; and (4) any 
     other matters determined by the Secretary to be relevant to a 
     driver's safety performance.


               section 115--retention of shipping papers

       Section 115 amends Section 5110 of Title 51, U.S.C. by 
     adding a new paragraph requiring that the person providing 
     the shipping paper for hazmat shipment, and the carrier 
     transporting that shipment, retain such shipping paper at 
     their respective places of business even after the shipment 
     has been delivered. Such a person or carrier, upon request, 
     must make the shipping paper available to a Federal, State or 
     local government at reasonable times and locations.


              section 116--toll free number for reporting

       Section 1116 is a free standing provision that requires the 
     Secretary to provide a toll free telephone number for 
     transporters of hazardous materials and others to report to 
     the Secretary any possible violations of the Hazardous 
     Materials Transportation Act (HMTC) or any order or 
     regulation issued under the Act.


                   section 117--technical corrections

       Section 117 makes certain technical corrections to the 
     HMTA. The technical correction deals with the word 
     ``packaging.''


 section 118--hours of service rulemaking for farmers and retail farm 
                               suppliers

       Section 118 requires the Secretary to initiate a rulemaking 
     proceeding in order to determine whether the requirements of 
     the hours-of-service provision contained in 49 C.F.R. 395.(3) 
     may be waived for farmers and retail farm suppliers within a 
     50-mile radius of their distribution point or farm.


                         section 119--training

       Section 119 amends Section 5116 of Title 51, U.S.C. by 
     creating a new subsection (j) to provide authority to the 
     Secretary of Transportation to make grants directly to 
     national nonprofit employee organizations engaged solely in 
     fighting fires for the purpose of training individuals with 
     statutory responsibility to respond to hazardous materials 
     accidents and incidents, subject to certain conditions 
     included in the legislation on the use of the funds and to 
     any other terms and conditions as the Secretary determines 
     are necessary.
       Section 5116 is further amended to create a new subsection 
     (k) which directs the Secretary to submit a report to 
     Congress on the allocation and uses of funds distributed 
     under the training grant programs authorized in subsections 
     (a) and (c) and existing training grant programs. The report 
     is to cover existing grant programs and grants made pursuant 
     to subsections (a) and (c) in fiscal years 1995 and 1996. 
     This report shall identify the ultimate recipients of 
     training grants and include a detailed accounting of all 
     grant expenditures of such recipients. The report shall also 
     identify the numbers of employees trained under the grant 
     programs and an evaluation of the effectiveness of the 
     training programs carried out with such funds.
       Subsection (b) amends Section 5127(b) of Title 51, U.S.C. 
     relating to applications for hazmat employee training and 
     authorizes the Secretary to fund these training grants in 
     fiscal years 1995, 1996, 1997 and 1998 annually in the 
     amounts of $250,000 from registration fees, and $1 million 
     from general revenues, subject to appropriations.
       Subsection (c) amends Section 5127(e) of Title 51, U.S.C. 
     to authorize an expanded training grant program under which 
     the Secretary would make grants to nonprofit hazmat employee 
     organizations for the purpose of training all employees 
     engaged in the loading, unloading, handling, storage and 
     transportation of hazardous materials and emergency response.
       Subsection (c) also amends Section 5107 of Title 51, U.S.C. 
     to add a new subsection (g) which requires that no grant 
     under subsection (e) shall supplant or replace existing 
     employer provided hazardous materials training efforts or 
     obligations.
       Subsection 5127(b) of Title 51, U.S.C. is further amended 
     to provide an additional authorization for funding the 
     training grants in subsection 5127(e) in fiscal years 1995, 
     1996, 1997 and 1998 at $3 million annually from general 
     revenues, subject to appropriations.


                section 120--time for secretarial action

       Section 120 amends Section 5117 of Title 51, U.S.C. to 
     require the Secretary to issue, renew, or deny an application 
     for exemption from regulations within 180 days or publish in 
     the Federal Register the reason why the Secretary's decision 
     was delayed.
       Subsection (d) is amended by inserting a requirement that 
     the Secretary shall issue a decision on an application within 
     180 days after the date of publication of the notice of 
     having received such application, or why the decision was 
     delayed in the Federal Register.


   section 121--study of hazardous materials transportation by motor 
                     carriers near federal prisons

       Section 121 directs the Secretary of Transportation to 
     conduct a study regarding the safety considerations of 
     transporting hazardous wastes in close proximity to Federal 
     prisons, particularly those housing maximum security 
     prisoners. The Committee intends for the study to focus on 
     the transportation of hazardous wastes over roads and 
     highways.
       Subsection (a) directs that the study focus on the 
     particular safety concerns raised by any need to evacuate a 
     captive population, particularly maximum security prisoner, 
     in the event of an incident or accident involving the 
     transportation of hazardous wastes. The study would also 
     examine the ability of local emergency planning agencies to 
     meet any potential exigencies.
       Subsection (b) requires that the Secretary report the 
     findings, together with any recommendations for legislative 
     or regulatory change, within one year.


                section 122--use of fiber drum packaging

       Section 122(a) directs the Secretary of Transportation, no 
     later than 60 days after enactment, to initiate a rulemaking 
     to determine whether the requirements of section 5103(b) of 
     Title 51, U.S.C. may be met for openhead fibre drum packaging 
     (with respect to the transportation of liquid hazardous 
     materials in such drums) by any other standards other than 
     the performance-oriented packaging standards adopted under 
     docket number HM-181 contained in 49 C.F.R. 178.
       Subsection (b) directs that if the Secretary determines 
     that any other standard provides an equal to or greater level 
     of safety than the level provided by the HM-181 standards, 
     then the Secretary shall issue regulations implementing such 
     other standard on or before October 1, 1996.
       Section (c) directs that the rulemaking undertaken pursuant 
     to this section be completed no later than October 1, 1995.
       Section (d) limits the applicability of this section


                       section 123--buy american

       Section 123 directs compliance with the ``Buy American 
     Act,'' 41 U.S.C. Sections 10a-10c.

     Title II--The Trucking Industry Regulatory Reform Act of 1994


                        section 201--short title

       Section 201 states the short title of the Act.


         section 202--amendment of title 49, united states code

       Section 202 states that unless provided otherwise, all 
     amendments will be to title 49 of the U.S.C.


                          section 203--purpose

       Section 203 provides that the purpose of the bill is to 
     enhance competition, safety and efficiency in the motor 
     carrier industry and to enhance efficiency in government.


                   section 204--transportation policy

       Section 204 provides a new section to the transportation 
     policy.


                        section 205--exemptions

       Section 205 amends section 10505 of Title 49 U.S.C. with 
     respect to exemptions. Two general exemptions are provided 
     for this section; namely, motor carriers providing 
     transportation of household goods or in noncontiguous 
     domestic trade. That means these two groups are not subject 
     to the provisions.
       It then makes specific exemptions for types of 
     transportation not subject to the Act. It exempts 10706 (rate 
     bureaus), 10761 (transportation without a tariff as amended 
     by this Act), 10762 (tariff filing as amended by the Act), 
     10927 (Security of motor carriers), and 11707 (Liability of 
     common carriers under receipts and bills of lading). It also 
     exempts a number of provisions from application of this Act.
       Subsection (b) defines non-contiguous domestic trade.


                      section 206--tariff filings

       Section 206 amends three sections Title 49, U.S.C. They are 
     10702(b), 10761, and 10762(a). The first provision amends 
     Section 10702(b) of the Act which specifies authority for 
     carriers to establish rates, classifications, rules, and 
     practices. It eliminates motor contract carriers of property 
     from the provision, thus, they are no longer required to file 
     actual or minimum rates.
       Section 206(b) amends 10761 as it applies to transportation 
     prohibited without tariff. First, it amends the section to 
     provide that motor common carriers providing transportation 
     of property, other than household goods or those in non-
     contiguous trade, under an individually determined rate are 
     eliminated from the requirements of this section.
       In paragraphs (3) and (4) the law now provides that 
     carriers cannot collect a rate determined by a tariff unless 
     it is a participant in the tariff. This sustains a decision 
     of the Supreme Court which stated that carriers not signing a 
     power of attorney for participation in a rate could not 
     enforce the rate.
       Section (c) amends Section 10762(a) relating to general 
     tariff requirements. In new paragraph (1) it excludes from 
     the general requirement common carriers providing traffic 
     under an individually determined rate which is a defined term 
     in subsection (f). It also states that motor contract 
     carriers are no longer required to file their rates. However, 
     the amendments made in the Negotiated Rates Act still apply; 
     i.e. carriers must keep copies of signed agreements.
       Mew paragraph (3) makes certain changes with respect to 
     individually determined rates.
       First, it provides that a carriers shall provide to the 
     shipper, upon request, a written or electronic copy of the 
     rate classification, rules, and practices upon which the rate 
     agreed to between the shipper and carrier may have been 
     based. When the applicability of reasonableness of a rate is 
     challenged by the person paying the freight charge, the 
     Commission shall make a decision on whether the rates are 
     reasonable and applicable based on the record before it.
       Paragraph (4) is intended to modify the second sentence of 
     paragraph (3) to ensure that all shipper rate challenges are 
     brought within the 180 days statute of limitations which 
     governs rate disputes.
       In those cases where a motor common carrier seeks to 
     collect charges in addition to those billed and collected 
     which are contested by the payer, the carrier may request 
     action by the Commission on this issue. The carrier must 
     issue a bill for charges within 180 days if he is going to 
     collect the charges. The same procedure applies to a shipper 
     who seeks to contest charges.
       New paragraph (5) provides that the old charges on file at 
     the I.C.C., which are not required to be filed under this 
     Act, are null and void. The key date is the date of enactment 
     of this bill.
       Subsection (d)(1) amends Section 10762(c)(1) of Title 49, 
     U.S.C. to exclude motor common carriers from filing changes 
     in their rates, if the rate change is covered by the 
     definition of individually determined rate as set forth in 
     Section 10102(13).
       The rates for household goods and transportation of 
     property in a non-contiguous domestic trade must continue to 
     be filed.
       Subsection (d)(2) amends Section 10762 (c)(2) of Title 49, 
     U.S.C. relating to proposed rate changes to exclude motor 
     contract carriers providing transportation of property from 
     the requirement to publish, file and keep open for public 
     inspection any notice to establish a new or reduced rate or 
     change in a rule or practice related to such rate.
       Subsection (e) amends Section 10762 of Title 49, U.S.C. by 
     adding at the end a new subsection (j). New subsection (j) 
     provides that nothing in this section affects the application 
     of the provisions in the Negotiated Rates Act of 1993 for 
     claims arising from undercharges for transportation provided 
     prior to the date of enactment of this Act.
       Subsection (f) amends Section 10102 of Title 49, U.S.C. 
     relating to definitions by redesignating paragraphs (13) 
     through (31) as (14) through (32) and inserting a new 
     paragraph (13) that provides a definition of ``individually 
     determined rate, classification, rule, or practice'' to mean 
     those established by (A) a single motor carrier for 
     transportation over its line; or (B) a rate, classification, 
     rule of practice for two or more interlining carriers for 
     transportation they jointly provide over their lines.


              Section 207--Motor Common Carrier Licensing

       Subsection 207(a) requires applicants for new or expanded 
     motor common carrier operating authority to transport 
     property other than household goods to make three identified 
     showings. First, that the applicant is able to comply with 
     all statutory, regulatory and ICC imposed safety 
     requirements. Second, that the applicant is able to 
     demonstrate safety fitness under standards developed by the 
     DOT in consultation with the ICC pursuant to Section 31144 of 
     Title 49, U.S.C. Third, that the applicant is able to provide 
     adequate liability insurance or provisions for self-insurance 
     under the financial responsibility provisions of Section 
     10927 of Title 49, U.S.C.
       Subsection (b) frees applicants for authority to operate as 
     a motor common carrier of property (other than a carrier of 
     household goods) from the currently required showing that the 
     proposed service will serve a useful public purpose, 
     responsive to a public demand or need.
       New paragraph (b)(1)(A) refers to the regulations of the 
     ICC and safety requirements imposed by the ICC. These 
     include, for example, policy statements and procedures for 
     the submission and evaluation of safety fitness evidence in 
     licensing and finance cases, such as Rules Governing 
     Applications for Operating Authority, 5 I.C.C. 2d 94 (1988), 
     Transfer Rules, 4 I.C.C. 2d 382 (1988); and Pur., Merger, and 
     Cont.-Motor Passenger and Water Carriers (Passenger Finance 
     Rules), 5 I.C.C. 2d 786 (1989).
       New paragraph (b)(1)(B) refers to the safety fitness 
     requirements established by DOT, specifically citing the 
     underlying statutory authorization. This citation emphasizes 
     the ICC's reliance upon the procedure established by DOT for 
     the safety fitness requirements against which applicants are 
     to be evaluated. Section 215 of the Motor Carrier Safety Act 
     of 1984 (49 App. U.S.C. 2512) directed DOT, in consultation 
     with the ICC to develop a procedure (now at 49 CFR Part 385) 
     ``to determine the safety fitness of owners and operators of 
     commercial motor vehicles, including persons seeking new or 
     additional operating authority as motor carriers under 
     Section 10922 and 10923 of title 49, United States Code.'' 49 
     U.S.C. App. 2512.
       New paragraph (b)(1)(C) refers to the ICC's minimum 
     financial responsibility requirements pursuant to Section 
     10927 of Title 49, U.S.C.
       New paragraph (b)(2) requires the ICC to consider and make 
     findings on any evidence relating to these enumerated 
     standards for granting operating authority.
       New paragraph (b)(3) directs the ICC to deny operating 
     authority to any carrier which does not meet these enumerated 
     standards.
       New paragraph (b)(4) restricts the grounds under which a 
     person may protest an application made for operating 
     authority to the regulations of the ICC, safety fitness or 
     minimum financial responsibility requirements set forth in 
     new paragraph (b)(1).
       Subsections (c) and (d) make conforming changes as a result 
     of these amendments.


             Section 208--Motor Contract Carrier Licensing

       Similar to Section 207, Section 208 codifies the ICC's 
     current practice in granting operating authority, but with 
     respect to motor contract carriers.
       Section 208(a) requires, with respect to applicants for 
     motor contract authority to carry property other than 
     household goods, the same three showings required by Section 
     207(a) for applicants for new or expanded common carrier 
     operating authority to carry property other than household 
     goods.
       New paragraph (b)(1)(A) refers to the regulations of the 
     ICC and safety requirements of the ICC.
       New paragraph (b)(1)(B) refers to the safety fitness 
     requirements established by DOT.
       New paragraph (b)(1)(C) refers to the ICC's minimum 
     financial responsibility requirements pursuant to Section 
     10927 of Title 49, U.S.C.
       New paragraph (b)(2) requires the ICC to consider and make 
     findings on any evidence relating to these enumerated 
     standards for granting operating authority.
       New paragraph (b)(3) directs the ICC to deny operating 
     authority to any carrier which does not meet these enumerated 
     standards.
       New paragraph (b)(4) restricts the grounds under which a 
     person may protest an application made for operating 
     authority to the regulations of the ICC, safety fitness or 
     minimum financial responsibility requirements set forth in 
     new paragraph (b)(1).
       Subsection (c) makes conforming amendments to the ICC's 
     application filing requirements for permits for motor 
     contract carriers as a result of these amendments.
       Subsection (d) makes conforming changes to the conditions 
     the ICC may prescribe for issuing a permit to a motor 
     contract carrier as a result of these amendments.


           Section 209--Revocation of Motor Carrier Authority

       Section 209 amends Section 10925 of Title 49, U.S.C. to 
     clarify the ICC's authority to suspend a certificate granted 
     under Section 10922 or a permit granted under Section 10923, 
     in light of elimination of the tariff filing requirements for 
     rates set independently by motor common carriers of property 
     (other than carriers of household goods and goods in non-
     contiguous domestic trade) and for all motor contract 
     carriers of property.


     Section 210--Study of Interstate Commerce Commission Functions

       Section 210 directs the preparation of a comprehensive 
     review of all of the ICC's functions and a study of possible 
     changes to the status of the ICC.
       Subsection (a) directs the ICC to prepare and submit a 
     report to the Secretary of Transportation and the Congress 
     within 60 days from the date of enactment which identifies 
     and analyzes all of its identified statutory and regulatory 
     responsibilities. In this report, the ICC shall make 
     recommendations as to which of its statutory and regulatory 
     responsibilities could be eliminated or restricted.
       Subsection (b) directs the Secretary of Transportation to 
     study the feasibility and efficiency of retaining the ICC in 
     its present form, (i) merging the ICC into DOT as an 
     independent agency, (ii) eliminating the ICC and transferring 
     its functions to other Federal agencies, including DOT, or 
     (iii) any other organizational change that may lead to 
     governmental and transportation efficiencies. The Secretary 
     shall report his findings to Congress within four months of 
     the date of submission of the ICC report described in 
     subsection (a).


       Section 211--Limitation on State Regulation of Intrastate 
                  Transportation of Passengers by Bus

       Section 211 adds a new Section 10936 to the Interstate 
     Commerce Act which preempts States from regulating fares of 
     intrastate bus service for interstate carriers. Subsection 
     (b) makes conforming changes to current provisions of law, 
     and strikes current Section 11501(e)(1) through (4) and (6) 
     and redesignates paragraph (5) as subsection (e), which 
     prescribes the current procedure for state action on rate 
     changes and appeal procedures.


                      Section 212--Effective Date

       Section 212 provides that all of the provisions of this Act 
     shall take effect on the date of enactment, except the motor 
     carrier licensing provisions contained in Sections 207 and 
     208. These sections shall take effect on January 1, 1995, to 
     permit carriers and the ICC sufficient time to adjust their 
     operations to accommodate this change.

                              {time}  1330

  Mr. Speaker, I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2178, as amended by the Senate, will provide for a 
4-year reauthorization of the hazardous materials transportation 
program and initiate certain regulatory reforms in interstate trucking.
  Regarding hazardous materials, the provisions before us are 
relatively simple and are similar to those in the authorization bill 
passed by the House last year. A few additional provisions have been 
added by the Senate.
  Title II will accomplish significant interstate trucking regulatory 
reform. One of the last remaining vestiges of Federal regulation 
following passage of the 1989 Motor Carrier Act is the requirement that 
carriers must file all tariffs with the Interstate Commerce Commission 
and that shippers must pay only those rates which are on file with the 
ICC.
  This bill will remove all filing requirements and the obligation to 
pay only the rate on file for individually determined rates--which 
account for about 90 percent of the more than 1 million annual tariff 
filings. Household goods, rate bureaus and a few others will continue 
rate filings.
  The repeal of the tariff filing requirement will result in operating 
cost savings for the ICC and will remove a substantial paperwork burden 
for motor carriers.
  In addition, other regulatory procedures are streamlined and State 
regulation of fares for intrastate bus passenger travel on interstate 
routes is prohibited.
  While I do not want to diminish the truly significant reforms in this 
bill, there is one area in which I am disappointed that we did not go 
further than the provisions in H.R. 2178. Section 210 of the bill 
mandates studies by the ICC and the Department of Transportation on 
further regulatory reform and on the long-term future of the 
Commission. When the House was considering the fiscal year 1995 
Transportation appropriations bill earlier this summer. 234 Members of 
the House voted to eliminate all funding for the ICC.
  There has been some debate since then as to the actual significance 
of that vote, but it seems to me that with 234 Members voting to cut 
off all funds for the Commission, we could be enacting something more 
than some open-ended studies which, undoubtedly, will lead to a repeat 
next year of the appropriations fight we experienced this year.
  We do need to provide for an orderly transfer and it could take 
several years in order to do it right.
  This bill could have started that process and I am disappointed that 
the study provisions were not strengthened to provide for a real 
reorganization and sunset at a specific time in the future. This is an 
issue we will have to continue to consider and struggle with in the 
months ahead. Nevertheless, we should not lose sight of the fact that 
major regulatory reforms are being made with passage of this bill.
  Therefore, Mr. Speaker, I urge the House to approve H.R. 2178 today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MINETA. Mr. President, I yield such time as he may consume to a 
very distinguished friend and colleague, the gentleman from Michigan 
[Mr. Dingell], chairman of the Committee on Energy and Commerce, with 
whom we have worked very closely on this and other matters.
  (Mr. DINGELL asked and was given permission to revise and extend his 
remarks.)
  Mr. DINGELL. Mr. Speaker, I thank the distinguished chairman of the 
Committee on Public Works and Transportation, Mr. Mineta. H.R. 2178 
reauthorizes the Hazardous Materials Transportation Act and builds on 
the major work our two committees accomplished in the 1990 
reauthorization.
  I would like to focus my remarks on the effects of this legislation 
on the ICC. In June, the House voted to eliminate funding for the ICC. 
While I and others opposed the amendment to the appropriations bill, we 
have tried to move forward in a responsible and constructive manner to 
accomplish the will of the House.
  Thanks to the work of the Public Works Committee, this bill 
eliminates certain motor carrier regulations of the ICC. Together with 
the appropriations bill now in conference, this bill will result in 
permanent budget and personnel cuts at the ICC.
  H.R. 2178 provides a responsible way to examine how to restructure 
the ICC. It requires the ICC and the Department of Transportation to 
report to Congress within 6 months of enactment on: all regulatory 
responsibilities of the ICC; specific statutory and regulatory 
functions that may be eliminated or restructured; the feasibility and 
efficiency of merging the ICC into the DOT as an independent agency; 
combining it with other Federal agencies; retaining the ICC in its 
present form; or eliminating the agency. These reports will consider 
the cost savings to be achieved, the efficient allocation of resources, 
the elimination of unnecessary functions, the public interest, and 
responsibility for regulatory functions.
  In the railroad area, which is within the jurisdiction of the 
Committee on Energy and Commerce, the ICC performs many necessary 
public duties, and those duties are increasing. As the recent report by 
the Government Accounting Office [GAO] clearly indicates, the statutory 
functions of the ICC relating to rail issues are important to the 
public interest and to a sound national transportation policy. For 
example, the ICC has the authority to approve, disapprove, or modify 
all railroad mergers. Since the House vote to terminate the ICC, major 
railroad mergers have been announced and more are probable. These 
mergers could affect every rail carrier, thousands of railroad 
employees, and shippers and communities in almost every State in the 
country.
  This legislation is the first of a two-step process. I pledge to 
continue to work closely with Mr. Kasich, Mr. Mineta, and members of 
our committees to craft further legislation in the near future that 
will preserve the essential rail regulation functions now carried out 
by the ICC while determining whether those functions should be carried 
out by a different agency.
  It is no secret that I have been an outspoken critic of the 
Commission's actions from time to time. But my criticism of its 
decisions does not take away from my strong belief that we must 
maintain the ICC's independence and unbiased decisionmaking in an open 
forum, regardless of whether the functions performed by the ICC remain 
there or are moved elsewhere. Congress needs to examine the evidence in 
this matter to best serve the public interest. This legislation is a 
strong first step in carrying out the will of the House.

                              {time}  1340

  Mr. Speaker, I strongly urge my colleagues to support this 
legislation. I submit for the Record correspondence with the gentleman 
from Ohio [Mr. Kasich] on these matters.
  The correspondence referred to is as follows:

                                    U.S. House of Representatives,


                             Committee on Energy and Commerce,

                                    Washington, DC, July 11, 1994.
     Hon. John R. Kasich,
     Member of Congress, Longworth House Office Building, 
         Washington, DC.
       Dear John: I am writing in response to your June 22 letter, 
     written together with the co-sponsors of your amendments to 
     the transportation appropriations bill to: (1) eliminate 
     appropriations for the Interstate Commerce Commission (ICC) 
     for fiscal year 1995, and (2) appropriate $18 million for the 
     Department of Transportation, primarily for severance pay to 
     ICC employees.
       Under Rule X of the House of Representatives, the Committee 
     on Energy and Commerce has exclusive jurisdiction of 
     railroads and rail labor and thus has jurisdiction of the 
     ICC's rail functions. The Committee has exercised its 
     legislative and oversight jurisdiction of the ICC's rail 
     activities in numerous instances over the years.
       While I have been an extremely vocal critic of the ICC's 
     decisions from time to time, I do not share the view that the 
     agency should be abolished or that its independent authority 
     should be transferred to another entity. As the recent report 
     by the General Accounting Office (GAO) clearly indicates, the 
     statutory functions of the ICC relating to rail issues are 
     important to the public interest, to sound national 
     transportation policy, to railroads (including Amtrak) and 
     their employees, and to shippers, communities, state and 
     local governments, and other varied interests throughout the 
     country. While the Staggers Act, which was considered and 
     adopted by the Committee on Energy and Commerce after lengthy 
     and careful consideration, deregulated many aspects of the 
     rail industry, the law retained many important regulatory and 
     adjudicatory functions of the ICC of rail transactions and 
     activities. Summarily abolishing the agency that has sole 
     authority to perform these essential funtions--as the 
     amendments adopted by the House would do--would be 
     detrimental to numerous public and private interests and 
     would violate public confidence in the manner in which 
     governmental deliberations that affect a broad spectrum of 
     interests are made.
       Despite my personal views on the subject, I am certainly 
     mindful of the results of the recent House proceedings. 
     However, I am not clear as to what the votes really mean. 
     During floor debate, proponents of the amendment clearly 
     stated that some, if not all, of the ICC's statutory 
     responsibilities are important and should be retained, 
     notwithstanding the clear effect of the amendments. for 
     example, you stated that, ``[t]he only real activity that 
     goes on in the Interstate Commerce Commission anymore 
     essentially has to do with railroads . . . [comprising] about 
     37 percent of the operations.'' Later, you added that, ``[W]e 
     are going to be able to maintain the essential functions of 
     this operation . . .'' Mr. Condit went even further by 
     stating: ``. . . we are not going to weaken the regulations 
     or the standards. We are not going to weaken those at all. 
     Most of them have been eliminated, but the ones that have not 
     been eliminated, that have not been eliminated (sic), will be 
     carried out by the Department of Transportation.''
       These and other statements are at odds with the actual 
     provisions adopted by the House in that they assume a 
     transfer and preservation of some or all of the ICC's 
     statutory responsibilities. As Rep. Oxley, the Ranking 
     Republican of the Subcommittee on Transportation and 
     Hazardous Materials, stated: ``If this amendment succeeds, 
     only two results are assured: One, the immediate termination 
     of many ICC employees, and, two, the effective impounding of 
     any remaining ICC funds without DOT being able to use them. 
     That is due to the fact that even if DOT has plenty of money 
     in its account after this amendment, DOT still will not have 
     any legal authority to spend those funds on ICC functions. 
     Only an authorization statute can do that.''
       As Mr. Oxley concluded, ``. . . this amendment produces no 
     real economy--just organizational chaos.''
       Your letter states that the recent proceedings represent 
     only the first step in a two-step process and that you are 
     willing to be ``partners'' in fashioning ``a reasoned and 
     orderly transfer of the ICC's functions.'' I appreciate your 
     candor in conceding that the amendments offered and adopted 
     in the appropriations bill will not result in a reasoned and 
     orderly transfer of the ICC's functions. As you know, the 
     amendments would produce highly undesirable and wasteful 
     results.
       In view of the House votes and in order to avoid the 
     adverse effects of allowing your amendments to be enacted, I 
     am willing to do what I can to fashion legislation that would 
     produce a reasoned and orderly transfer of the ICC's 
     functions. However, I believe there are several 
     considerations that must be taken into account prior to 
     proceeding.
       First, I will not acquiesce or participate in a process 
     that involves legislating in an appropriations bill. If you 
     insist on a strategy that violates the Rules of the House, I 
     trust you will understand my unalterable opposition to any 
     such approach.
       Second, I cannot speak in any manner for the Public Works 
     Committee regarding these matters. Any ``reasoned and 
     orderly'' consideration of these issues under the Rules 
     clearly requires agreement and action by our sister Committee 
     respecting such ICC authorities that are within its 
     jurisdiction.
       Third, I do not support using such transfer legislation to 
     effect substantive changes in railroad law or regulation. Any 
     authorizing legislation to be considered should achieve any 
     transfer of authority without diminishing the ability to 
     perform current rail functions. I also believe that the 
     independent nature of the ICC is extremely important and 
     believe any transfer of authority to another entity should 
     allow for continuation of processes that preserve such 
     independence.
       I believe that any reasoned and deliberative legislative 
     approach to these issues in our Committee likely will require 
     more time than is available during the remainder of this 
     Congress. While I understand your desire to resolve these 
     matters expeditiously, I cannot in good faith assure you that 
     our Committee or Subcommittee, not to mention the Public 
     Works Committee, the House, the Senate, and its Commerce 
     Committee, will be able to consider and process appropriate 
     legislation given other priorities during an election year. A 
     possible approach to demonstrate my commitment to moving 
     forward might be a written request to the ICC, the Department 
     of Transportation, and the Office of Management and Budget 
     (consistent with provisions of your bill, H.R. 3127) to 
     report to the Committee within a reasonable period of time on 
     how to accomplish any orderly transition. I suspect that 
     continuation of the ICC's appropriation for another fiscal 
     year would be necessary under this scenario, but if we are 
     working together toward a common goal, I hope this will not 
     pose any problem. The alternative is a level of chaos that 
     will pose serious problems for all of us.
           Sincerely,
                                                  John D. Dingell,
                                                         Chairman.
                                  ____



                                Congress of the United States,

                                    Washington, DC, June 22, 1994.
     Hon. John D. Dingell,
     Chairman, House Committee on Energy and Commerce, Rayburn 
         House Office Building, Washington, DC.
       Dear Mr. Chairman: Last week the House voted to pass our 
     bipartisan amendment to the Transportation Appropriations 
     bill eliminating funding for the Interstate Commerce 
     Commission. As you know, this amendment was just the first 
     step in a two-step process to transfer the agency's functions 
     to the Department of Transportation. The second step involves 
     legislation implementing the transfer and authorizing the 
     Secretary of Transportation to spend appropriated dollars for 
     severance and other transition costs. Because the Energy and 
     Commerce Committee has jurisdiction over the ICC, we are 
     writing to express our willingness to be partners with you in 
     fashioning a reasoned and orderly transfer of the ICC's 
     functions.
       By its vote last week, the House demonstrated its resolve 
     to terminate one agency of the federal bureaucracy. It is 
     imperative that the will of the House be realized. Although 
     we recognize the complexities of such a transfer, we believe 
     that by working together we can overcome whatever obstacles 
     may arise. As you may know, Mr. Kasich has introduced H.R. 
     3127, which would complete the process that the House set in 
     motion last week. We hope you will consider this legislation 
     as you seek the best method of achieving the transfer.
       If we can be of assistance in any way, please contact us. 
     Our staff members are available at any time. They are the 
     following: for Mr. Kasich, Marie Wheat at 6-7270; for Mr. 
     Hefley, Brian Reardon at 5-4422; for Mr. Condit, Steve Jones 
     at 5-6131; for Mr. DeLay, Glen LeMunyon at 5-5941; for Mr. 
     Cox, Ben Cohen 5-5611; and for Mr. Kennedy, Phillippe Houdard 
     at 5-5111.
       Thank you for your cooperation. We look forward to hearing 
     from you in the near future.
           Sincerely,
     John R. Kasich,
     Tom DeLay,
     Joel Hefley,
     Chris Cox,
     Gary Condit,
     Joe Kennedy.

  Mr. Speaker, I make the observation that we will be coming forward 
with changes in the way the ICC is positioned, where it is located, how 
it will function, but we will seek at the time we do so, first of all, 
to work together with my good friend, the gentleman from California, 
and with the ranking minority members both of the subcommittee and the 
committee, and with Members similarly situated on the Committee on 
Public Works and Transportation. It is important that we resolve those 
issues in a way which ends the turmoil and the discord which has 
existed on these matters, but it is important, as we do so, we come 
forward with a package which preserves the open, collegial 
consideration of important questions and preserves the independent way 
in which those decisions are made.
  Mr. MINETA. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Washington [Mr. Swift].
  (Mr. SWIFT asked and was given permission to revise and extend his 
remarks.)
  Mr. SWIFT. Mr. Speaker, last November, the House passed H.R. 2178, 
the Hazardous Materials Transportation Act Amendments of 1994. Today, 
we consider the legislation as amended by the other body which includes 
the text of S. 1640. It represents the efforts of the Committee on 
Energy and Commerce, the Committee on Public Works and Transportation 
and the other body.
  Each year, the Department of Transportation estimates that over 
500,000 movements of hazardous materials occur each day in the United 
States. This adds up to over 4 billion tons of hazardous materials 
moved each year. As such, the transportation of hazardous materials is 
a matter of great concern because of the serious threat it poses to the 
public, to property, and to the environment.
  The legislation will assist the Department of Transportation in its 
efforts to regulate the transportation of hazardous materials. H.R. 
2178 as amended provides a 3-year authorization and establishes 
important programs for the training of both hazardous materials 
employees and the emergency responders that handle the unfortunate 
aftermath of accidents.
  In addition, it allows the Secretary of Transportation to exempt 
foreign offerors of hazardous materials from the registration 
requirements under the act. This was in response to concerns expressed 
by the administration that foreign governments would begin to impose 
registration requirements on U.S. companies that offer hazardous 
materials shipments overseas that might be far more expensive and 
cumbersome than our own. This could significantly hamper U.S. 
participation in foreign markets. In addition, the beneficiaries of 
this program--that is, the States, Indian tribes, and local 
governments--are already exempted from these fees. It would be 
inequitable to require foreign governments to register when the 
beneficiaries of the program do not have to. Take note that foreign 
carriers operating in the U.S. will still have to register.
  Next, this legislation establishes time limits for the administration 
to respond to requests for preemption determinations and exemption 
applications. Until now, no limits have been in place and there has 
been concern that these administrative determinations were not being 
considered in a timely fashion.
  Finally, this legislation asks the Department of Transportation to 
determine if open-head fiber drums can be safely used for domestic 
transport of liquid hazardous materials.
  H.R. 2178 will allow the Department of Transportation to continue its 
efforts to ensure that the transportation of hazardous materials 
whether it is by rail or other means occurs safely.
  Finally, I am pleased that the legislation reflects agreements 
reached by the Public Works and Transportation Committee and the other 
body with regard to the continuing and important regulatory 
responsibilities of the Interstate Commerce Commission as they pertain 
to the railroad industry.
  Mr. Speaker, this is a good piece of legislation. I urge my 
colleagues to support H.R. 2178.
  Mr. PETRI. Mr. Speaker, I yield such time as he may consume to our 
distinguished colleague, the gentleman from California [Mr. Moorhead].
  Mr. MOORHEAD. Mr. Speaker, I rise in support of H.R. 2178. This 
revised version of the bill represents a House-Senate agreement on 
reauthorizing the safety activities of the Department of Transportation 
concerning transportation of hazardous materials. It also represents 
the product of very diligent work by our chairman, the gentleman from 
Michigan [Mr. Dingell], our subcommittee chairman, the gentleman from 
Washington [Mr. Swift], our subcommittee ranking member, the gentleman 
from Ohio [Mr. Oxley], and by our colleagues on both sides of the aisle 
from the Public Works Committee.
  Hazardous materials transportation usually attracts attention only 
when there is an accident of some sort. What most of us fail to realize 
is that literally hundreds of everyday items vital to consumers and to 
American businesses could not exist without hazardous materials 
transportation to get the needed commodities to the manufacturing 
sites. Consequently, hazardous materials transportation is a vital link 
in the functioning of our industrial economy.
  The reauthorization in this bill makes relatively modest adjustments 
to the Hazardous Materials Transportation Act, since Congress 
extensively overhauled that law in 1990. I am also pleased to report 
that the House-Senate agreement retains virtually all of the key 
features of the House-passed bill. The legislation addresses a number 
of issues, including the promptness of DOT rulings on preemption 
matters, railroad tank car safety, and how to apply international 
standards to hazardous materials packaging.
  The second part of H.R. 2178 is a new addition from the Senate--a 
package of trucking deregulation provisions based on the Exon-Packwood 
bill. My colleagues from the Public Works Committee can best describe 
these provisions. But the bottom line is clear: it permits an immediate 
30 per cent reduction in the funds for the Interstate Commerce 
Commission.
  In addition, the bill mandates a study of the future of the ICC. The 
Department of Transportation is to make recommendations during Fiscal 
Year 1995 on the best disposition of the ICC's remaining regulatory 
functions. Any and all of the following options are available: 
elimination, transfer to DOT or other Cabinet agency, creation of an 
autonomous agency within DOT--much as the Federal Energy Regulatory 
Commission is affiliated with the Department of Energy--retention of 
functions in an independent agency, or combination with another agency. 
This will give the authorizing committees and the Congress a blueprint 
for an orderly process to deal with the ICC's regulatory functions. We 
will have eliminated almost one-third of its budget immediately in this 
legislation, and we hope that further economies can be realized in the 
future. when Congress turns to implementing the DOT recommendations.
  Mr. SHUSTER. Mr. Speaker, I rise in strong support of H.R. 2178, the 
Hazardous Materials Transportation Authorization Act of 1994. I would 
like to take this opportunity to expand upon certain aspects of title 
II, the Trucking Industry Regulatory Reform Act of 1994.
  The Trucking Industry Regulatory Reform Act completes the year-long 
series of reforms to the trucking industry undertaken by the Committee 
on Public Works and Transportation. The first was the Negotiated Rates 
Act of 1993, which settled the terrible undercharge crisis that faced 
our Nation's transportation industry. The second was preemption of 
State regulation of intrastate trucking contained in section 601 of the 
Federal Aviation Administration Act of 1994, which will save our 
economy billions in lower intrastate freight charges. And the third of 
course is the Trucking Industry Regulatory Reform Act of 1994, which we 
are considering today. Together, these three acts have restructured our 
Nation's trucking industry to eliminate costly and needless regulation 
and promote greater efficiency, thus benefitting our Nation as a whole.
  The Trucking Industry Regulatory Reform Act modifies or eliminates 
numerous unnecessary and costly regulatory functions performed by the 
ICC. Most importantly, this act goes a long way toward eliminating the 
wasteful and unnecessary filed-rate doctrine at the Interstate Commerce 
Commission. The filed-rate doctrine--which required that all motor 
carriers file tariffs containing their rates with the ICC and obligated 
shippers to pay the rate contained in the filed tariffs--is one of the 
last vestiges of the past era of interstate trucking regulation. It was 
the existence of the filed-rate doctrine that led to the undercharge 
crisis that was resolved by the Negotiated Rates Act.
  Section 206 eliminates tariff filings for individually determined 
rates; that is, all rates that are not set by rate bureaus. This will 
eliminate the tariff filing requirement for up to 90 percent of the 1.4 
million tariffs filed annually. Most importantly, this section 
eliminates once and for all the filed-rate doctrine for individually 
determined rates.
  The result of these changes is that for individually determined 
rates, there will no longer be an obligation for carriers to file any 
tariff containing rates with the ICC or anywhere else and there will no 
longer be any obligation on the part of a shipper to pay any filed 
rate. For effected rates, the link between tariff filings and charges 
is severed. Henceforth, all individually determined rates will be set 
by free market negotiations between carriers and shippers.
  Section 206 also adds new subparagraphs (3) and (4) to 
section 10762(a) of title 49 to clarify the rights and responsibilities 
between carriers and shippers regarding billing disputes. First, the 
shipper is given the right to be provided with a copy of the rates 
applicable to his shipment upon his request to the carrier. Second, 
upon request of the shipper, the ICC shall resolve disputes over rate 
applicability or reasonableness. Third, in the event that a carrier 
seeks to collect charges beyond those originally billed and collected 
from the shipper, the carrier may request that the ICC resolve the 
matter, and in any case, such request for additional charges must be 
made within 180 days of the receipt of the original bill. Finally, new 
subparagraph (4) provides that a shipper which contests the charges 
originally billed must do so within 180 days from receipt of such 
original bill. Of course, the parties are free to settle any disputes 
without Federal intervention or having their settlement approved by the 
ICC.

  In sum, new paragraphs (3) and (4) permit shippers and carriers to 
continue to have the ICC resolve rate disputes that arise from the 
market negotiations. There is no intention to create any new functions 
or responsibilities for the ICC, but instead to clarify rate dispute 
resolution mechanisms in light of the elimination of the filed-rate 
doctrine for individually determined rates.
  Paragraph (3) does not anticipate the possibility of future 
undercharge claims merely because it contains a dispute settlement 
mechanism for instances when carriers seek to collect charges in 
addition to those billed and collected. Any claim for additional 
charges would not be the result of an undercharge, but rather because a 
carrier believes the rate it reached with the shipper is different than 
the rate the shipper believes was agreed to.
  There is no possibility that a carrier--or its successor in 
interest--may seek additional charges from a shipper because the 
carrier had filed or possessed a tariff containing a particular rate 
and negotiated a lower rate with a shipper. Nor will an undercharge 
claim be possible because a carrier kept a rate on file with itself or 
elsewhere.
  Simply stated, the possibility of a negotiated rate undercharge has 
been eliminated because there is no longer any obligation for a carrier 
to file a rate with the ICC or anywhere else and no further obligation 
for a shipper to pay that rate. All individually negotiated rates are 
to be determined and proven by evidence of market negotiations. Any 
rates kept or published by carriers are merely evidence of such 
negotiations.
  Furthermore, new paragraphs (3) and (4) set a statute of limitations 
of 180 days for all rate disputes, thus shortening the timeframe for 
billing disputes to be raised at all. The purpose of this shortened 
statute of limitations is to streamline billing disputes and prevent 
claims by shippers or carriers that the amount billed was incorrect far 
in the future.

  Two additional aspects of new paragraphs (3) and (4) require 
explanation.
  First, the second sentence of new paragraph (3), which permits the 
ICC to hear challenges to rate applicability or reasonableness upon 
request of the shipper and new paragraph (4), which states that when 
the shipper challenges the charges originally billed, he must do so 
within 180 days of receipt of the original bill, are intended to cover 
exactly the same circumstances. Challenges to rate reasonableness and 
applicability are the same as shippers ``contest[ing] the charges'' and 
subject to the 180 day statute of limitations contained in paragraph 
(4). Paragraph (4) is intended to modify the second sentence of 
paragraph (3) to ensure that all shipper rate challenges are brought 
within the 180 day period.
  Second, the third sentence of paragraph (3) which permits a carrier 
or its successor, in the event that it brings a claim for charges in 
addition to those billed and filed, to do so before the ICC, is 
intended to have the ICC determine undercharge claims at the election 
of the carrier or the shipper, and is not intended to restrict the 
election of forum to the carrier only.
  Tariff filings remain for motor-water tariffs in noncontiguous 
domestic trade, household goods carriers, and rates filed by rate 
bureaus. Rate bureau filings were continued to permit smaller shippers 
the option of using rate bureaus. If carriers discount rate bureau 
tariffs, however, such rates will then become individually determined 
rates. For classifications, mileage guides, or other governing tariffs, 
a participating carrier must properly participate in the tariff in 
order to collect its rates. If a carrier does not have a proper power 
of attorney to participate in the governing tariff, no other rate can 
be collected.
  Sections 207 and 208 eliminate all entry standards for the motor 
common and contract carriers other than compliance with Department of 
Transportation and ICC safety and insurance requirements. In 
particular, the granting of operating authority based on public 
convenience and necessity is ended. Since entry was eased in 1980, the 
ICC has rarely, if ever, found a proposed service inconsistent with the 
public convenience and necessity.
  Section 210 directs the preparation of two reports to Congress 
analyzing alternatives to the current structure of the ICC. First, a 
comprehensive review of all of the ICC's functions and second, a study 
of possible changes to the ICC from its current status and integrating 
its functions into existing agencies.
  These two studies are intended to formally examine the need and 
efficiencies gained from altering the ICC's current status as an 
independent agency. There has been substantial concern raised about 
statutorily eliminating the ICC before a comprehensive review of the 
need to sunset the agency and the formulation of a plan to continue all 
of its identified statutory functions. Thus, these studies are intended 
to identify the need for the ICC's functions, the efficacy of altering 
the ICC's current status as an independent agency, and to present 
Congress with a comprehensive summary of all issues and alternatives 
for its future consideration.
  One final provision, section 211, merits highlighting. This section 
preempts State regulation of fares of intrastate bus passenger service 
on interstate routes. Currently, a State has 4 months to rule on a fare 
petition affecting intrastate bus passenger service being performed by 
an intercity bus operator as part of interstate service. If the State 
does not act or denies the carrier's petition, the carrier can appeal 
to the ICC, which must render a decision within 3 months of filing an 
appeal. Virtually all rate cases appealed to the ICC have been decided 
in favor of the carrier. While section 11501(e) (1)-(4) and 11501(e)(6) 
referred to a ``rate, rule, or practice'' and the preemption language 
in new section 10936 references ``fares,'' no difference in meaning is 
intended. The preemption is intended to cover all the technical tariff 
issues included in a rate filing. At a time when intercity bus 
operators are struggling to survive due to intense competition from 
low-cost airfares and the automobile, elimination of this unnecessary 
procedural hoop to change fares is warranted. It will permit bus 
operators to respond to market forces immediately in terms of setting 
their fares and help to ensure the future of intercity bus service in 
this country.
  Because all sections of this act--other than sections 207 and 208--
are effective on the date of enactment of this bill, I urge the ICC to 
act as quickly as possible to establish transition rules for these new 
procedures.
  Mr. DeLAY. Mr. Speaker, I can hardly believe it. I have been working 
for trucking deregulation for 16 years--my entire political career--and 
lo and behold, over the last 2 weeks, two of the biggest deregulation 
measures pass this House under suspension of the rules. My, how times 
have changed.
  Over 7 years ago, I introduced trucking deregulation legislation that 
essentially does exactly what the House has passed over the last 2 
weeks. Improved efficiency, increased competition, and reduced 
paperwork resulting from complete economic reform of the trucking 
industry will save billions in business logistic costs and those 
savings will be passed on to the consumer.
  Last week, during consideration of H.R. 2739, the Aviation 
Infrastructure Investment Act Conference Report, Congress basically 
made swiss cheese out of States' intrastate regulations. Essentially, 
through that legislation, Congress told State regulators to hang up 
their regulatory robes since there is nothing more to regulate. This is 
the best news for the American consumer since the trucking deregulatory 
efforts of 1980.
  Today, the House considers a bill of equal importance, legislation 
that essentially eliminates all trucking functions from the ICC.
  As you may know, this legislation came about because of the historic 
vote on the House floor several months ago when the House voted to 
eliminate the ICC and transfer its remaining function to the Department 
of Transportation. The House overwhelmingly voted to zero-out the ICC. 
After that historic vote, the Senate was the target for every special 
interest group in the country interested in saving the Interstate 
Commerce Commission. It became apparent that elimination of the ICC was 
not assured. At that point, Senator Exon and Packwood offered 
legislation that essentially eliminated the trucking functions at the 
ICC and cut their funding by about one-third.
  The text of that legislation is included in the Hazardous Materials 
Transportation Act amendments under consideration today.
  Mr. Speaker, these regulations that we are eliminating today have, in 
the past, been the life blood of Federal regulators. Times truly have 
changed since all sides of the issue have come together to create this 
deregulation legislation.
  These subtle trucking deregulation efforts have not gone unnoticed. I 
commend the efforts of all parties responsible for bringing this 
legislation to the floor. The American consumer will benefit greatly 
from the passage of these deregulatory measures since the savings 
generated from the trucking companies will be passed on to the 
consumer. Trucking companies save because they will not have to spend 
their time, effort and money filing useless tariff documents with the 
ICC.
  H.R. 2178 is an excellent compromise since it accomplishes all of the 
trucking deregulation I have been pushing for 16 years. I applaud the 
committee's efforts, look forward to working for more transportation 
deregulation next year, and urge the adoption of the legislation before 
the House today.
  Mr. RAHALL. Mr. Speaker, the legislation pending before the House 
consists of two titles, the first of which is based on a bill 
previously passed by this body that would reauthorize the Hazardous 
Materials Transportation Act. The second title of the pending 
legislation deals with an issue which has not yet been considered by 
this body and involves the further reform of interstate motor carrier 
regulation. This second title is being considered as a means to begin 
to address the House vote, during consideration of the fiscal year 1995 
transportation appropriations bill, to eliminate funding for the 
Interstate Commerce Commission.
  It is important to note that title I of this bill contains all of the 
elements of the original House-passed version of H.R. 2178 relating to 
the reauthorization of the Hazardous Materials Transportation Act. In 
this regard, some modifications to the House language have been made by 
the Senate in consultation with the House Committees on Public Works 
and Transportation and Energy and Commerce. In addition, this measure 
contains a number of other provisions which originated with the Senate. 
Ultimately, however, the primary purpose of title I of the pending bill 
is to reauthorize the act through fiscal year 1997.
  Among the amendments made to the Hazardous Materials Transportation 
Act by this legislation are three in particular which I have advanced 
in my capacity as chairman of the Subcommittee on Surface 
Transportation.
  The first of these provisions modifies the training grant programs of 
the act. Currently, the act provides for two types of training grants: 
Under section 117A for training public sector hazmat employees like 
fire fighters and police through grants to the States, and under 
section 118 for training private sector hazmat employees, such as 
truckers.
  With respect to the section 117A State grant program, the Surface 
Transportation Subcommittee received testimony that these grants are of 
an insufficient amount to provide for adequate training, and, that they 
are not always used by the States to train the public sector employee 
group that is in the front line in responding to hazardous material 
incidents: fire fighters.
  For this reason, the bill proposes a new supplemental program through 
which the Secretary may make grants to qualifying organizations engaged 
solely in fighting fires for the purpose of training fire fighting 
personnel to respond to hazardous materials accidents and incidents. 
The International Association of Fire Fighters would be one such 
qualifying organization.
  Further, the bill would greatly expand the current authorization for 
the section 118 grants used for training of hazmat employees engaged in 
the loading, unloading, handling, storage and transportation of 
hazardous materials and emergency response.
  In my view, the existing authorization is simply inadequate to 
provide proper training for the thousands upon thousands of employees 
involved with hazardous materials in the motor carrier, railroad, 
airline and maritime industries.
  The second provision seeks to further address the question of whether 
or not a centralized computer tracking system for all hazardous 
materials in transportation should be required.
  Under such a system, shipper would enter information about hazardous 
materials into a computerized data center at both the commencement and 
completion of each shipment. In the event of an incident, this 
information would be immediately available to police and fire fighters.
  The 1990 reauthorization legislation called on the National Academy 
of Sciences to study the matter. That study did not recommend the 
immediate establishment of a central reporting system and computerized 
telecommunications system. It did, however, recommend that the 
Department of Transportation test prototype automated information 
systems.
  To advance this proposal, H.R. 2178 provides for the establishment of 
one or more pilot projects involving motor carriers in order to 
demonstrate the feasibility of establishing and operating computerized 
telecommunications emergency response information technologies. These 
projects would be conducted under the auspices of the Intelligent 
Vehicle-Highway Systems Act of 1991.
  In this regard, I would note that the Federal Railroad Administration 
is currently undertaking a pilot project of this nature involving a 
railroad in Houston, TX. Consideration should be given to expanding 
this project through the inclusion of motor carriers under the pilot 
project program provided for by H.R. 2178.
  The third provision advanced by the Surface Transportation 
Subcommittee would require the Secretary of Transportation to initiate 
a rulemaking to examine whether fibre drums for the domestic 
transportation of liquid hazardous materials can comply with statutory 
safety standard, and provide an equal or greater level of safety, than 
the regulations promulgated by DOT which are scheduled to take effect 
on October 1, 1996.
  In this regard, I would note that section 105(d)(2) of the Hazardous 
Materials Transportation Act gives the Secretary of Transportation 
discretionary authority to issue standards applicable to the domestic 
transportation of hazardous materials consistent with standards adopted 
by an international body, with the adoption of such international-based 
standards for the purposes of domestic commerce not required by law.
  The Secretary has promulgated regulations applicable to the domestic 
transportation of hazardous materials in a proceeding known as HM-181 
based on the recommendations of a committee of the United Nations 
formed to develop requirements applicable to international commerce, 
with such regulations effective October 1, 1996.
  Pursuant to the HM-181 regulations, certain types of packaging, 
including open-headed fiber drum packaging used for liquid hazardous 
materials, will no longer be acceptable for domestic commerce in the 
United States, despite the demonstrated safety of such fiber drum 
packaging technology.
  However, fiber drum packaging for liquid hazardous materials is an 
exclusive American technology, and due to the lack of experience with 
it among the international community, may not have been duly considered 
in the formulation of standards pursuant to HM-181.
  In addition, several Nations other than the United States continue to 
provide for the regulation of hazardous materials transportation within 
their borders utilizing standards not based on the recommendations of 
the United Nations Committee.
  Because of these concerns, we have included a provision in H.R. 2178 
that requires the Transportation Department to reexamine the issue, and 
if it determines that fiber drums for the domestic transportation of 
liquid hazardous materials can comply with the statutory standards, and 
provide an equal or greater level of safety than the HM-181 
regulations, the agency could decide to allow the drums to continue to 
be used for domestic liquid hazardous materials transportation.
  Before I leave this issue, I do want to commend our colleague, John 
Spratt of South Carolina, for originally bringing it to the attention 
of the Surface Transportation Subcommittee. I would further note that 
during the Senate's consideration of this legislation on August 11, 
1994, Senator Hollings and Senator Exon engaged in a colloquy on this 
provision of the bill and I would like to note that the understanding 
they reached is one which I am in complete agreement with.
  As I mentioned earlier, title II of H.R. 2178 concerns the further 
reform of interstate motor carrier regulation. While this provision 
originated with the Senate, it represents a position acceptable to the 
leadership of the House Committee on Public Works and Transportation 
and was devised in consultation with the administration as well as 
representatives of the trucking and shipping community.
  Mr. Speaker, on June 16 of this year, the House by a vote of 234 to 
192 eliminated all funding for the Interstate Commerce Commission in 
its version of the fiscal year 1995 Transportation Appropriation bill.
  In my view, based on statements made on the House floor that day, the 
primary motivation Members had in seeking to eliminate funding for the 
Commission was grounded in reducing the budget deficit rather than 
invoking regulatory changes.
  However, even the most casual observer of this issue understands that 
budgetary savings can only result by eliminating aspects of the 
Commission's responsibilities.
  The fact of the matter is that eliminating funding for the ICC and 
further transportation regulatory reform are intertwined issues.
  In the aftermath of the House vote, it fell to the leadership of the 
House and Senate authorizing committees to determine how to reconcile 
the House vote to terminate the ICC under the guise of budget deficit 
reduction, and the fact that budgetary savings would only result by the 
elimination of certain Commission functions.
  The result of these deliberations, which included the administration, 
the Appropriations Committees and House sponsors of the amendment to 
eliminate the ICC's funding, was added by the Senate as title II of 
H.R. 2178.
  The reforms envisioned by this legislation would eliminate the 
obligation of individual motor carriers to file rates with the ICC, 
eliminate the requirement of motor carriers engaged in interstate 
commerce to obtain a certificate of public convenience and necessity 
from the ICC as it relates to entry while preserving the Commission's 
authority to require compliance with safety and financial 
responsibility requirements; provide the Commission with limited 
authority to provide for other exemptions from motor carrier 
regulation; and preempt State laws governing interstate motor carriers 
of passengers as they relate to the regulation of intrastate fares. In 
addition, title II requires the ICC and the Secretary of Transportation 
to report to the Congress with recommendations on future organizational 
options for the Commission and its authorities.
  With respect to these reforms, I would like to make it clear that 
this legislation in no way eliminates the ICC's authority as it relates 
to motor carrier safety fitness and insurance requirements. Further, 
the Commission would be prohibited from utilizing the exemption 
authority provided in the bill to eliminate regulation of these and a 
number of other areas, including those relating to antitrust immunity 
for joint line rates and routes, classification of commodities, uniform 
bills of lading and standardized mileage guides.
  Finally, while the bill would preempt State regulation of intrastate 
fares for the transportation of passengers by bus by an interstate 
motor carrier of passengers, it clearly provides for a continued State 
role with respect to proposals to discontinue service. Those of us from 
the rural areas of this Nation are painfully aware of the dramatic loss 
of intercity bus service that resulted after the enactment of the bus 
deregulation bill in 1982. However, in light of the financial 
difficulties major bus companies such as Greyhound are experiencing, 
with this legislation it is my hope that by providing for increased 
flexibility as it relates to fares, existing service to rural areas 
will be preserved and perhaps enhanced.
  Mr. Speaker, the intention of these regulatory reforms is to reduce 
the ICC's budget by approximately one-third while providing for the 
public interest to continue to be served in the area of interstate 
motor carrier regulation.
  This is indeed a comprehensive measure before us, concerning two 
distinct and separate matters, but it is one which deserves the support 
of the House.
  Mr. OXLEY. Thank you, Mr. Speaker. I rise in strong support of H.R. 
2178. This legislation to reauthorize the safety activities of the 
Department of Transportation with respect to hazardous materials 
transportation has had a strong bipartisan consensus behind it 
throughout the legislative process. The version we are considering 
today is the equivalent of a conference report, because it represents a 
House-Senate agreement on the final configuration of hazardous 
materials legislation the House approved last fall.
  The Hazardous Materials Transportation Act was extensively revised in 
legislation enacted in 1990. Therefore, this new reauthorization makes 
relatively minor adjustments to the statute, recognizing that the 1990 
law is still being implemented. Most of the improvements are to 
process--making DOT rulings on questions of State and Federal 
jurisdiction more responsive and correcting certain technical flaws 
that have been detected since the 1990 enactment.
  I want to again commend Chairman Dingell, Subcommittee Chairman 
Swift, and our ranking member, Mr. Moorhead, and our colleagues on both 
sides of the aisle from the Public Works Committee, for their work on 
this legislation. The safe transportation of hazardous materials is an 
essential ingredient to the successful functioning of our industrial 
system, particularly the manufacture of many goods that involve 
chemical ingredients. This legislation keeps DOT on course to maintain 
and improve the safety of such transportation, whether by rail or motor 
carrier.
  A second part of the House-Senate agreement on this legislation deals 
with further deregulation of interstate trucking, based on the Senate's 
Exon-Packwood bill. I support the reduction of Federal regulation 
wherever feasible, and I leave it to my colleagues on the Public Works 
Committee to describe the trucking provisions of the bill, which lie 
within their exclusive jurisdiction.
  One provision of the trucking legislation lies within the joint 
jurisdiction of both the Energy and Commerce Committee and the Public 
Works and Transportation Committee--a study of the future disposition 
of the various regulatory functions of the Interstate Commerce 
Commission.
  This study, which will be carried out by the ICC and the Department 
of Transportation during fiscal year 1995, is aimed at identifying all 
functions of the ICC that can be eliminated, and also at analyzing the 
best location for the ICC's remaining functions. The catalyst for this 
in-depth analysis of the ICC was clearly the initiative of my colleague 
from Ohio, Mr. Kasich, who helped shake up the status quo approach 
Congress had adopted in recent years regarding the ICC. Because of his 
appropriations amendment, we now have substantial new trucking 
deregulation, plus a mandate for a complete and thorough analysis of 
the best future institutional format for the ICC.
  In studying the ICC, DOT is directed to consider all the options--
deleting functions entirely, transferring them directly to a Cabinet 
agency such as DOT, retaining them in an autonomous agency within DOT, 
keeping them in a traditional independent agency, combining the ICC's 
functions with those of another agency, or any combination of these.
  This is a sound and constructive approach which will force the 
Congress to examine the economic regulation of transportation. Once DOT 
has carried out the study, it will be up to the authorizing committees 
to act promptly on the DOT recommendations. In my view, this kind of 
congressional re-examination of Federal regulation is something we do 
not do often enough, and I think my colleague, Mr. Kasich, deserves 
considerable credit for getting the process underway.
  Mr. PETRI. Mr. Speaker, I have no further requests for time and, 
therefore, I yield back the balance of my time.
  Mr. MINETA. Mr. Speaker, I, too, have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Traficant). The question is on the 
motion offered by the gentleman from California [Mr. Mineta] that the 
House suspend the rules and concur in the Senate amendment to the bill, 
H.R. 2178.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

                          ____________________