[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2178 Engrossed Amendment Senate (EAS)]
103d CONGRESS
2d Session
H. R. 2178
_______________________________________________________________________
AMENDMENT
In the Senate of the United States,
August 11, 1994.
Resolved, That the bill from the House of Representatives (H.R.
2178) entitled ``An Act to amend the Hazardous Materials Transportation
Act to authorize appropriations for fiscal years 1994, 1995, 1996, and
1997, and for other purposes'', do pass with the following
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.
Attest:
Secretary.
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