[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2178 Committee Discharged Senate (CDS)]
103d CONGRESS
2d Session
H. R. 2178
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 22, 1993
Received
November 23, 1993
Read twice and referred to the Committee on Commerce, Science, and
Transportation
August 11, 1994
Committee discharged
_______________________________________________________________________
AN ACT
To amend the Hazardous Materials Transportation Act to authorize
appropriations for fiscal years 1994, 1995, 1996, and 1997, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Hazardous
Materials Transportation Act Amendments of 1993''.
(b) Reference.--Whenever in this Act 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 the Hazardous Materials Transportation Act.
SEC. 2. REGISTRATION.
Section 106(c) (49 U.S.C. App. 1805(c)) is amended by adding at the
end the following:
``(16) Authority of secretary to waive mandatory filing
requirement.--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. 3. TIME FOR SECRETARIAL ACTION.
(a) Section 107.--Section 107(a) (49 U.S.C. App. 1806(a)) is
amended by inserting at the end the following: ``The Secretary shall
issue or renew the exemption for which an application was filed or deny
such issuance or renewal within 180 days of 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 with an estimate of
the additional time necessary before the decision is made.''
(b) Section 112.--Section 112(c)(1) (49 U.S.C. App. 1811(c)(1)) is
amended by inserting after the second sentence the following: ``The
Secretary shall issue a decision on an application for a determination
within 180 days of 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 with an estimate of the additional time
necessary before the decision is made.''
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 115(a) (49 U.S.C. App. 1812(a)) is amended to read as
follows:
``(a) In General.--There is authorized to be appropriated for
carrying out this title (other than sections 117, 117A, 118, and 121)
not to exceed $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. 5. TRAINING.
(a) Supplemental Public Sector Training Grants.--Section 117A (49
U.S.C. App. 1815) is amended by adding at the end the following:
``(j) Supplemental Training Grants.--
``(1) In general.--In order to further the purposes of
subsection (b), relating to training public sector employees to
respond to accidents and incidents involving hazardous
materials, the Secretary shall make grants 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.
``(2) Use of funds.--Funds granted to an organization under
this subsection may be used--
``(A) to identify regions or locations in which
fire departments are in need of hazardous materials
training;
``(B) to prioritize such needs and develop a means
for evaluating specific training needs;
``(C) to train instructors to conduct hazardous
materials response training programs and evaluate the
efficacy of such training programs;
``(D) to purchase training equipment for such
training programs; and
``(E) to disseminate on a nationwide basis the data
developed, and the findings derived from projects
carried out, under this subsection.
``(3) Use of training courses.--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 use in such fiscal year--
``(A) a course or courses developed or identified
under section 117A(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.
``(4) Terms and conditions.--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 years 1993
through fiscal year 1996 and grants authorized under subsection (j) and
section 118 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
employees trained under the grant programs, and an evaluation of the
efficacy of training programs carried out.''.
(b) Funding.--Section 117A(i)(2) (49 U.S.C. App. 1815(i)(2)) is
amended--
(1) by inserting ``(A) General program.--'' before
``There'';
(2) by indenting subparagraph (A), as so designated, and
moving subparagraph (A) 2 ems to the right; and
(3) by adding at the end the following new subparagraph:
``(B) Supplemental program.--
``(i) From fees.--There shall be available
to the Secretary for carrying out subsection
(j), from amounts in the account established
pursuant to subsection (h), $250,000 per fiscal
year for each of fiscal years 1995, 1996, 1997,
and 1998.
``(ii) From general revenues.--In addition
to amounts made available under clause (i),
there is authorized to be appropriated to the
Secretary for carrying out subsection (j)
$1,000,000 per fiscal year for each of fiscal
years 1995, 1996, 1997, and 1998.''.
(c) Hazmat Employee Training Program.--Section 118 (49 U.S.C. App.
1816) is amended--
(1) in subsection (a) by striking ``may'' and inserting
``shall, subject to the availability of funds under subsection
(d),'';
(2) in subsection (b) by striking ``National'' and all that
follows through ``Labor'' and inserting ``Secretary'';
(3) in subsection (c) by inserting ``hazmat employee''
after ``nonprofit''; and
(4) by striking subsection (d) and inserting the following:
``(d) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $3,000,000 per fiscal year for each
of fiscal years 1995, 1996, 1997, and 1998.''.
(d) Conforming Amendments.--Section 117A(h) (49 U.S.C. App.
1815(h)) is amended--
(1) in paragraph (2)(H) by striking ``and section 118'';
(2) in paragraph (6)(B)(i) by striking ``and section 118'';
and
(3) in paragraph (6)(B)(iii) by striking ``and section
118''.
SEC. 6. COMPUTERIZED TELECOMMUNICATION DATA CENTER PILOT PROJECTS.
(a) Grants.--The Secretary of Transportation may make grants to 1
or more persons, including a State or local government or department,
agency, or instrumentality thereof, to carry out a pilot project to
demonstrate the feasibility of establishing and operating computerized
telecommunications emergency response information technologies that are
used--
(1) to identify the contents of shipments of hazardous
materials transported by motor carriers;
(2) to permit retrieval of data on shipments of hazardous
materials transported by motor carriers;
(3) 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
(4) 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.
(b) Selection of Carriers.--The pilot project to be carried out
under this section must involve 2 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 truck-load shipments. The motor
carriers selected may be engaged in multimodal movements of hazardous
materials with other motor carriers, rail carriers, or water carriers.
(c) Terms and Conditions.--The Secretary may impose such terms and
conditions on grants to be made under this section as the Secretary
determines are necessary to protect the interests of the United States
and to carry out the objectives of this section.
(d) Coordination.--To the maximum extent practicable, the Secretary
of Transportation shall coordinate a pilot project to be carried out
under this section with any existing Federal, State, and local
government projects and private projects which are similar to the pilot
project to be carried out under this section. The Secretary may require
that a pilot project under this section be carried out in conjunction
with such similar Federal, State, and local government projects and
private projects.
(e) Federal Share.--The Federal share of the cost of a pilot
project carried out under this section shall be 100 percent, unless the
grantee selected to carry out such project agrees to a lower Federal
share.
(f) Report.--Not later than December 31, 1997, the Secretary of
Transportation shall transmit to Congress a report on the results of
pilot projects carried out under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1995 and 1996. Such sums shall remain available until expended.
SEC. 7. 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. 8. USE OF FIBRE DRUM PACKAGING.
(a) Initiation of Rulemaking Proceeding.--Not later than the 60th
day following the date of the enactment of this Act, the Secretary of
Transportation shall initiate a rulemaking proceeding to determine
whether the requirements of section 105(a) of the Hazardous Materials
Transportation Act as they pertain to openhead 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) Limitation on applicability.--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 the Hazardous
Materials Transportation Act.
(2) Limitation of statutory construction.--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. 9. BUY AMERICA.
(a) Compliance With Buy American Act.--None of the funds made
available under this Act 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) Purchase of american-made equipment and products.--In
the case of any equipment or products that may be authorized to
be purchased with financial assistance provided under this Act,
it is the sense of Congress that entities receiving such
assistance should, in expending such assistance, purchase only
American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance under this Act, 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 Act, 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) General rule.--Except as provided in paragraph (2), no
contract or subcontract may be made with funds authorized under
this Act 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) Exceptions.--
(A) Waiver authority.--The 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) Limitation on applicability.--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.
SEC. 10. TECHNICAL AMENDMENTS.
(a) Packaging.--
(1) Sections 103(5)(B), 103(6)(A)(iii), and 109(c) (49
U.S.C. App. 1802(5)(B), 1802(6)(A)(iii), 1808(c)) are each
amended by striking ``packages'' and inserting ``packaging''.
(2) Sections 105(a)(3), 105(a)(4)(B)(v), 110(a)(1), and 120
(49 U.S.C. App. 1804(a)(3), 1804(a)(4)(B)(v), 1809(a)(1), 1818)
are each amended by striking ``a package or container'' and
inserting ``packaging and a container''.
(3) Section 106(c)(1)(B) (49 U.S.C. App. 1805(c)(1)(B)) is
amended by striking ``a bulk package'' and inserting ``bulk
packaging'' and by striking ``the package'' and inserting ``the
bulk packaging''.
(b) Other.--Section 105(a)(3) (49 U.S.C. App. 1804(a)(3)) is
amended by inserting ``hazardous materials'' after ``shipped'' and
section 105(e)(1) (49 U.S.C App. 1804(e)(1)) is amended by inserting
``, or a component of a container or package,'' after ``package''.
Passed the House of Representatives November 21, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.