The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1997” mentioning the U.S. Dept. of Transportation was published in the Senate section on pages S1795-S1797 on March 11, 1998.
The publication is reproduced in full below:
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 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.
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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.''.
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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''.
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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.
(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.
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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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