[Congressional Record Volume 144, Number 25 (Wednesday, March 11, 1998)]
[Senate]
[Pages S1795-S1797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1997

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                     TORRICELLI AMENDMENT NO. 1982

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted an amendment intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

       In title III, strike section 3215 and insert the following:

     SEC. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 3214 of 
     this Act, is amended by redesignating section 5128 as section 
     5129 and by inserting after section 5127 the following:

     ``Sec. 5128. High risk hazardous material and hazardous 
       waste; motor carrier safety study

       ``(a) Study.--The Secretary of Transportation shall conduct 
     a study--
       ``(1) to determine the safety benefits and administrative 
     efficiency of implementing a Federal permit program for high 
     risk hazardous material and hazardous waste carriers;
       ``(2) to identify and evaluate alternative regulatory 
     methods and procedures that may improve the safety of high 
     risk hazardous

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     material and hazardous waste carriers and shippers, including 
     evaluating whether an annual safety fitness determination 
     that is linked to permit renewals for hazardous material and 
     hazardous waste carriers is warranted;
       ``(3) to examine the safety benefits of increased 
     monitoring of high risk hazardous material and hazardous 
     waste carriers, and the costs, benefits, and procedures of 
     existing State permit programs;
       ``(4) to make such recommendations as may be appropriate 
     for the improvement of uniformity among existing State permit 
     programs; and
       ``(5) to assess the potential of advanced technologies for 
     improving the assessment of high risk hazardous material and 
     hazardous waste carriers' compliance with motor carrier 
     safety regulations.
       ``(b) Timeframe.--The Secretary shall begin the study 
     required by subsection (a) within 6 months after the date of 
     enactment of the Intermodal Transportation Safety Act of 1998 
     and complete it within 30 months after the date of enactment 
     of that Act.
       ``(c) Report.--The Secretary shall report the findings of 
     the study required by subsection (a), together with such 
     recommendations as may be appropriate, within 36 months after 
     the date of enactment of the Intermodal Transportation Safety 
     Act of 1998.''.
       (b) Section 5109 Regulations To Reflect Study Findings.--
     Section 5109(h) is amended by striking ``not later than 
     November 16, 1991.'' and inserting ``based upon the findings 
     of the study required by section 5128(a).''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     51, as amended by section 3214, is amended by striking the 
     item relating to section 5128 and inserting the following:

``5128. High risk hazardous material and hazardous waste; motor carrier 
              safety study.
``5129. Authorization of appropriations.''.
  Mr. TORRICELLI. Mr. President, I thank Senators McCain, Chafee, 
Baucus, and Hollings for their support for my efforts to have the 
Department of Transportation investigate how to improve the safety of 
transporting high-risk hazardous waste material on our Nation's 
highways. This issue is of great concern to me and to the people of New 
Jersey.
  On October 20, 1997, a truck carrying hazardous materials caught fire 
while traveling on Interstate-80 in Paterson, New Jersey causing nearby 
residents and businesses to be evacuated. Two Paterson police officers 
had to be hospitalized and treated for chemical inhalation as a result 
of the accident. According to the police, the fire started when two 
chemicals inside the truck spilled over and mixed together.
  Though the accident was not severe, it certainly would have been much 
worse had a passing motorists not noticed the fire and forced the 
driver to pull over. We were also fortunate that the public safety 
officials were well-trained and acted as quickly as they did.
  What truly concerns me about this accident is the revelation that the 
company that was transporting the waste had been involved in 46 spill 
incidents at a cost of more than $100,000 since their inception. 
Despite this record, their last safety inspection by the Department of 
Transportation was conducted in 1994, almost four years ago. When I, 
along with Representative Bill Pascrell investigated how this could 
possibly be the case, we were stunned to learn that there is nothing in 
current law which requires an annual safety examination of hazardous 
waste haulers. Under existing law, in order for a company to be a 
hauler-for-hire of hazardous material they must possess a permit from 
the Department of Transportation's Federal Highway Safety 
Administration. Once a hauler obtains a permit, they basically have it 
in perpetuity--regardless of their safety record. All they must do is 
reapply every year for a new safety permit and pay an application fee. 
While the Federal Highway Safety Administration maintains safety 
records and conducts safety reviews they do not do annual reviews or 
require safety inspections as a part of the certification process.
  This is wrong. In my view, this process is too lax and although I 
would prefer to require this safety inspection outright, I will 
withdraw my amendment to S1173, the Intermodal Surface Transportation 
Efficiency Act Reauthorization to require this and instead submit this 
amendment to require the Department of Transportation to study how we 
may best implement a system of linking the renewal of a company's 
Federal permit to its ability to meet certain safety standards. This 
approach is fair and is in line with the spirit of the Hazardous 
Materials Transportation law.
  Once again, I want to thank my colleagues and the Surface 
Transportation Subcommittee staff for their assistance with this 
amendment. I look forward to its inclusion in the final highway bill.
                                 ______
                                 

                  KERRY (AND HAGEL) AMENDMENT NO. 1983

  (Ordered to lie on the table.)
  Mr. KERRY (for himself and Mr. Hagel) submitted an amendment intended 
to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to 
the bill, S. 1173, supra; as follows:

       At the appropriate place in subtitle D of title III, insert 
     the following:

     SEC. 34____. NEBRASKA SUGAR BEET TRANSPORTATION.

       Section 31112(d) of title 49, United States Code, is 
     amended by striking paragraph (4) and inserting the 
     following:
       ``(4) Notwithstanding the limitation under paragraph (1), 
     the State of Nebraska may allow to be operated commercial 
     motor vehicle combinations that are within the limitations 
     under subsection (b) to transport, for a distance not to 
     exceed 120 miles, sugar beets from--
       ``(A) the field where those sugar beets are harvested to 
     storage, market, factory, or stockpile; or
       ``(B) stockpile to storage, market, or factory.''.
                                 ______
                                 

                     HUTCHINSON AMENDMENT NO. 1984

  (Ordered to lie on the table.)
  Mr. HUTCHINSON submitted an amendment intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

       On page 110, strike lines 22 and 23 and insert the 
     following:
       ``(5) Required allocation for certain states.--
       ``(A) Allocation.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate on October 1, to States 
     eligible under subparagraph (B), for use for projects 
     described in paragraph (1), $10,000,000 of the amounts set 
     aside under paragraph (1) from amounts to be apportioned 
     under subsection (b)(1)(A).
       ``(B) Eligible states.--A State shall be eligible for an 
     allocation under subparagraph (A) for a fiscal year if--
       ``(i) the State ranks among the lowest 10 percent of States 
     in a ranking of States by per capita personal income;
       ``(ii) for the State, the ratio that--

       ``(I) the State's estimated percentage of total Federal-aid 
     highway program apportionments for the period of fiscal years 
     1998 through 2003 under this title; bears to
       ``(II) the percentage of estimated total tax receipts 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     the period of fiscal years 1998 through 2003;

     is less than 1.00, as of the date of enactment of this 
     subsection; and
       ``(iii)(I) the State's estimated percentage of total 
     Federal-aid highway program apportionments for the period of 
     fiscal years 1998 through 2003 under this title, as of the 
     date of enactment of this subsection; is less than
       ``(II) the State's percentage of total Federal-aid highway 
     program apportionments and Federal lands highways program 
     allocations under the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1914), and allocations 
     under sections 1103 through 1108 of that Act, for the period 
     of fiscal years 1992 through 1997.
       ``(C) Additional allocation.--An allocation to a State 
     under subparagraph (A) shall be in addition to any allocation 
     to the State under paragraph (1).
       ``(6) Period of availability of discretionary funds.--
     Amounts made available under''.
                                 ______
                                 

                        GREGG AMENDMENT NO. 1985

  (Ordered to lie on the table.)
  Mr. GREGG submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page ____, after line ____, insert the following:

     SEC. ____. REQUIREMENT OF OFFSETS FOR ADDITIONAL ISTEA II 
                   SPENDING BEYOND LEVELS IN 1997 BUDGET 
                   AGREEMENT.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider a bill or resolution (or amendment, motion, or 
     conference report on such bill or resolution) that provides 
     spending for the programs funded under the Intermodal Surface 
     Transportation Efficiency Act II in excess of the levels 
     provided in the concurrent resolution on the budget for 
     fiscal year 1998 if that spending would--
       (1) exceed the discretionary budget caps;
       (2) cause a reduction in the surpluses projected by CBO; or
       (3) adversely effect the actuarial balances of the social 
     security trust funds.
       (b) Waiver.--This section may be waived or suspended in the 
     Senate only by the affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.

[[Page S1797]]

       (c) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the 
     concurrent resolution, bill, or joint resolution, as the case 
     may be. An affirmative vote of three-fifths of the Members of 
     the Senate, duly chosen and sworn, shall be required in the 
     Senate to sustain an appeal of the ruling of the Chair on a 
     point of order raised under this section.
       (d) Determination of Budget Levels.--For purposes of this 
     section, the levels of new budget authority, outlays, new 
     entitlement authority, revenues, and deficits for a fiscal 
     year shall be determined on the basis of estimates made by 
     the Committee on the Budget of the Senate.
                                 ______
                                 

                      DOMENICI AMENDMENT NO. 1986

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       At the appropriate place, insert the following:

     SEC.   . DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

       (a) Commercial Zone Defined.--Notwithstanding the 
     provisions of 49 U.S.C. Section 13902(c)(4)(A), in this 
     section, for the transportation of property only, the term 
     ``commercial zone'' means a zone containing lands adjacent 
     to, and commercially a part of, 1 or more municipalities with 
     respect to which the exception described in section 
     13506(b)(1) of title 49, United States Code, applies.
       (b) Designation of Zone.--
       (1) In general.--The area described in paragraph (2) is 
     designated as a commercial zone, to be known as the ``New 
     Mexico Commercial Zone.''
       (2) Description of area.--The area described in this 
     paragraph is the area that is comprised of Dona Ana County 
     and Luna County in New Mexico.
       (c) Savings Provision.--Nothing in this section shall 
     affect any action commenced or pending before the Secretary 
     of Transportation or Surface Transportation Board before the 
     date of enactment of this Act.

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