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1990-11-16 - [Enrolled Bill S. 2936: Hazardous Materials Transportation Uniform Safety Act of 1990]
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1990-11-16 - [Enrolled Bill S. 2936: Hazardous Materials Transportation Uniform Safety Act of 1990]
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1
THE WHITE HOUSE
WASHINGTON
NOV 10.
November 16, 1990
MR. PRESIDENT:
Attached for your signature is S. 2936
-- Hazardous Materials Transportation
Uniform Safety Act of 1990.
This Bill has the approval of OMB,
Transportation, Agriculture, FEMA,
and the Offices of Cabinet Affairs
and Policy Development. Counsel has
no legal objection.
Thank you.
James Jim W. Cicconi
LAST DAY FOR ACTION: Wednesday, Nov. 21
EXECUTIVE OFFICE OF THE PRESIDENT
WTM SERVICE UNITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
November 15, 1990
THE DIRECTOR
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Enrolled Bill S. 2936 - Hazardous Materials
Transportation Uniform Safety Act of 1990
Sponsors - Sen. Exon (D) Nebraska and 2 others
Last Day for Action
November 21, 1990 - Wednesday
Purpose
(1) Authorizes appropriations for the enforcement of the
Hazardous Materials Transportation Act (HMTA) for FYs 1991-1993;
(2) establishes a program of grants for FYs 1993-1998 to train
State and local government personnel to respond to hazardous
materials transportation accidents; and (3) makes numerous,
miscellaneous amendments intended to strengthen enforcement of
the HMTA.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Agriculture
Approval
Federal Emergency Management
Agency
Approval
United States Postal Service
No objection
Nuclear Regulatory Commission
No objection (Informally)
Department of Defense
No objection (Informally)
Department of the Interior
No objection (Informally)
Department of Justice
Defers
Department of Labor
No comment (Informally)
Department of Commerce
No comment (Informally)
Department of Health
and Human Services
No comment (Informally)
Department of the Treasury
No comment (Informally)
Environmental Protection Agency
No comment (Informally)
Department of Energy
No comment (Informally)
Discussion
The HMTA is the principal Federal law regulating the safe
transportation of hazardous and radioactive materials. Under the
Act, the Department of Transportation (DOT) is responsible for
regulating shippers and transporters of hazardous materials
("hazmat"). DOT also is responsible for regulating persons who
manufacture, fabricate, or retest hazmat containers. The
appropriations authorization for HMTA activities expired at the
end of FY 1986.
S. 2936, which passed the Senate by unanimous consent and
the House by voice vote, would authorize appropriations for HMTA
activities and make numerous amendments to the Act. Its most
significant provisions are described below. Other provisions are
described in an Attachment.
-- Appropriations Authorizations
S. 2936 would authorize total appropriations for the
Department of Transportation's enforcement activities under the
HMTA of $20 million for FY 1991, $22 million for FY 1992, and
$41 million for FY 1993. The enacted FY 1991 appropriation for
HMTA programs is $10.4 million.
-- Registration and Permitting
S. 2936 would require all transporters of specified
categories or quantities of hazardous materials to be registered
with DOT. (DOT could require the registration of other hazmat
transporters.) DOT would have to issue regulations within a year
requiring all motor carriers transporting hazardous materials to
have valid safety permits issued by the Department. This
requirement would take effect two years after enactment. DOT
would be authorized, but not required, to impose charges
sufficient to recover the costs of the registration program.
-- Grant Programs
By September 30, 1992, DOT would have to issue regulations
mandating that all registered hazmat transporters pay an annual
fee. This fee would be based on criteria specified in the
enrolled bill, but could in no case be lower than $250 or higher
than $5,000. These fees would be deposited in a special account,
and would be available without appropriation in FYs 1993-1998 to
support grants as follows:
-- $5 million per year to assist States in developing
plans for responding to hazmat transportation
emergencies.
-- $7.8 million per year to help States and Indian tribes train
public sector employees in responding to hazmat
transportation emergencies.
-- $250,000 per year for nonprofit organizations to conduct
safety training for employees of hazmat transportation
companies.
In addition, $1 million would be made available during each
of FYs 1993-1998 for the development of hazmat training
curriculums. (Appropriations of $1 million from the general fund
in each of FYs 1991 and 1992 would also be authorized for this
purpose.) Finally, $2,450,000 would be made available from fee
revenues for certain monitoring activities to be performed by
several agencies.
-- Additional Inspectors
S. 2936 would require DOT to hire 30 more hazardous
materials safety inspectors than the 684 inspectors authorized in
FY 1990. The Department would be required to dedicate 10 of
these additional inspectors to specified activities involving the
transportation of radioactive materials.
-- National Monitoring Center
S. 2936 would require DOT to complete a rulemaking within 19
months of enactment on the feasibility of establishing a center
to monitor, on a national basis, all hazmat shipments. DOT would
have to contract with the National Academy of Sciences (NAS) to
perform a study and provide recommendations on this issue, to be
submitted to the Secretary and Congress within 19 months of
enactment. (Appropriations of $350,000 would be authorized to
support this study.) Within 25 months of enactment, the
Secretary would have to report to Congress his own
recommendations regarding such a system. Where the Secretary
does not recommend an action recommended by NAS, an explanation
would be required.
Earlier this year, DOT opposed a bill (H.R. 2584) which
would have required the establishment of such a national
monitoring center. According to DOT, such a central monitoring
system would be extremely costly and difficult to implement.
-- Routing
S. 2936 would authorize States and Indian tribes to
designate specific highway routes over which hazardous materials
may and may not be transported. DOT would be required to issue
regulations, within 18 months of enactment, prescribing standards
and procedures to be followed by States and Indian tribes in
making and enforcing such designations. Starting two years after
these regulations are issued, States and Indian tribes would be
preempted from making any decisions regarding routing which are
inconsistent with these regulations. (Routing determinations
made before these regulations are issued, however, would be
"grandfathered" even if they are inconsistent with the
regulations.)
- 3 -
DOT would be required to establish procedures for resolving
routing disputes among Indian tribes, States, and Federal
agencies. DOT would have to resolve such disputes within one
year. Disputants would be permitted to appeal adverse decisions
to Federal district courts within 90 days after a decision
becomes final.
Administration Position To Date
In a March 12, 1990, letter to the House Energy and Commerce
Committee, DOT opposed several provisions of a related bill,
H.R. 3520. The most important objections were to provisions
mandating a registration requirement similar to the one in
S. 2936, and a provision requiring DOT to hire 200 additional
safety inspectors (compared with the 30 required by the enrolled
bill).
Conclusion and Recommendations
In its enrolled bill views letter, DOT expresses concerns
regarding the mandatory registration requirement. According to
DOT, assuring the compliance of all of the "minimum of 100,000
entities" covered by the requirement would "severely restrict our
ability to carry out our mandated safety regulatory
responsibilities." Moreover, DOT notes that "the bill does not
exempt foreign persons from registration fees, and we are very
concerned about the potential effect on U.S. trade, because
foreign governments may impose comparable fees on U.S.
companies." DOT concludes, however, that the enrolled bill "on
balance
provides needed improvements and is a positive step
in ensuring the safe transportation of hazardous materials."
We join the Departments of Transportation and Agriculture
and the Federal Emergency Management Agency in recommending
approval of S. 2936, which passed the Senate by unanimous consent
and the House by voice vote.
Annu Damn
Richard Darman
Director
Enclosures
- 4 -
Attachment
Miscellaneous Provisions of S. 2936
Regulations and Preemption
The HMTA currently states that DOT "may" issue regulations
regarding the transportation of hazardous materials in
"commerce." State and local laws which are "inconsistent" with
such regulations are preempted, unless exempted from preemption
by DOT. According to the House Energy and Commerce Committee
report on H.R. 3520, a related bill, DOT has applied HMTA
regulations only sparingly to intrastate and foreign commerce,
and determinations as to whether State and local laws are
"inconsistent" with DOT regulations frequently generate time-
consuming administrative and legal proceedings.
S. 2936 would require, rather than permit, DOT to issue
regulations implementing the HMTA. It would also require that
these regulations cover intrastate and foreign, as well as
interstate, commerce. Preemption would apply only to HMTA
regulations on specified subjects. State and local laws that are
not "substantively the same" as such regulations would be
preempted. (This would not apply to laws that State or local
governments are specifically authorized to issue by another
Federal statute.) The enrolled bill would also establish
administrative and judicial procedures for persons adversely
affected by State laws they believe to be preempted under the
HMTA.
Uniformity of State Regulations
S. 2936 would require the Secretary of Transportation to
convene a working group of State and local government officials
to develop recommendations for uniform registration procedures
for hazardous materials transporters. This group would be
required to provide a report to Congress within three years of
enactment. Ninety days following adoption of these
recommendations by at least 26 States, the Secretary would be
required to issue regulations implementing the recommendations.
Appropriations of $400,000 would be authorized for each of
FYs 1991-1993 to support the working group.
Transportation of Highly Radioactive Materials
S. 2936 would require the Secretary to conduct a study of
the potential safety benefits of requiring that the rail
transportation of certain radioactive materials be performed only
on dedicated trains. This study would be performed in
cooperation with the Department of Energy, the Nuclear Regulatory
Commission, potentially affected Indian tribes and States, and
other interested parties. The Secretary would be required to
submit a report on this study to Congress within one year of
enactment, and to complete a rulemaking on the issue within two
years of enactment.
The Secretary would also be required to issue regulations,
within one year of enactment, mandating inspection and
certification requirements for motor carriers involved in
transporting specified highly radioactive materials.
Identification and Monitoring of Hazardous Materials
S. 2936 would (1) prohibit misrepresentation of hazardous
materials as safe or non-hazardous materials as hazardous; (2)
prohibit tampering with containers used to transport hazardous
materials or with required warning labels; and (3)
mandate specified disclosure requirements for shipments of
hazardous materials.
In addition, the Secretary would be required to issue
regulations within 30 months of enactment:
-- setting forth improved standards for identifying
vehicles which carry hazardous materials; and
-- establishing a "continually monitored telephone system"
to provide emergency response information and
assistance.
Penalties
S. 2936 would provide that "knowing" civil violations of
HMTA are considered to have taken place where persons knew, or
should have known if they had taken reasonable care, that
violations were occurring. (According to a statement on the
Senate floor, this provision responds to a recent Federal
district court holding that a "knowing" civil violation of HMTA
required "willful negligence" or "reckless disregard".)
In addition, the enrolled bill would:
-- increase maximum penalties for civil violations of the Act
from $10,000 to $25,000;
-- establish a $250 minimum penalty for civil violations; and
-- provide that criminal violations of HMTA may be punished by
up to five years of imprisonment and/or fines of up to
$250,000 for individuals and $500,000 for corporations.
- 2 -
Bonding Requirements
S. 2936 would impose a bonding requirement of $5 million on
transporters of specified categories and quantities of hazardous
materials. DOT could reduce this amount by regulation, but not
to an amount lower than $1 million.
Rail Safety
S. 2936 would amend the Federal Rail Safety Act (FRSA) to
specifically include the safe transportation of hazardous
materials in State rail safety activities under the Act. The
enrolled bill would specify that this change would not modify
existing standards regarding preemption of State and local laws
under the FRSA.
Other Provisions
S. 2936 would also:
-- Prohibit the transportation of specified hazardous materials
in certain railroad tank cars.
-- Specify that Federal contractors are required to adhere to
the same Federal, State, and local safety requirements
as other hazmat transporters.
-- Specify that States receiving Federal grants for enforcement
of commercial motor vehicle safety laws may enforce such
laws with respect to commercial motor vehicles leased to the
Federal Government.
The enrolled bill would also require the Secretary of
Transportation to issue regulations:
-- within 18 months, prescribing requirements for training and
certifying specified personnel involved in hazmat
transportation; and
-- within 19 months, prescribing improved means of identifying
hazardous materials.
- 3 -
Document No. 189877
WHITE HOUSE STAFFING MEMORANDUM
11/15/90
10:00 a.m. 11/16
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
S. 2936 -- HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY
SUBJECT:
ACT OF 1990
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER OK (Brad)
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
ROGERS n/c
>
DEMAREST
CLERK
FITZWATER
GRAY no legal oB
HAGIN
HOLIDAY K
REMARKS:
Please provide any comments/recommendations directly to my office
by 10:00 a.m. on 11/16. Thanks.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
Document No. 189877
WHITE HOUSE STAFFING MEMORANDUM
90 NOV 16 AM 10: 06
11/15/90
10:00 a.m. 11/16
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
S. 2936 -- HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY
SUBJECT:
ACT OF 1990
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
ROGERS
DEMAREST
CLERK
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide any comments/recommendations directly to my office
by 10:00 a.m. on 11/16. Thanks.
RESPONSE:
No comment. Any,
Nous Williamson
11-16-90
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
11/6
Document No. 189877
WHITE HOUSE STAFFING MEMORANDUM
90 NOV 16 PM 1: 53
11/15/90
10:00 a.m. 11/16
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
S. 2936 -- HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY
SUBJECT:
ACT OF 1990
ACTION FYI
ACTION FYI
VICE PRESIDENT
У
MCCLURE
SUNUNU
>
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
ROGERS
CICCONI
У
>
1
DEMAREST
>
CLERK
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide any comments/recommendations directly to my office
by 10:00 a.m. on 11/16. Thanks.
RESPONSE:
no comment
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
THE WHITE HOUSE
WASHINGTON
90 NOV 15 PM 5:06
November 16, 1990
MEMORANDUM FOR THE PRESIDENT
FROM:
ROGER B. PORTER
RBP
SUBJECT:
Enrolled Bill S. 2936 -- Hazardous Materials
Transportation Uniform Safety Act of 1990
We concur with the recommendation that you approve S.
2936.
Document No. 189877
WHITE HOUSE STAFFING MEMORANDUM
11/15/90
10:00 a.m. 11/16
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
S. 2936 -- HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY
SUBJECT:
ACT OF 1990
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
ROGERS
DEMAREST
CLERK
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide any comments/recommendations directly to my office
by 10:00 a.m. on 11/16. Thanks.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
FILL
WASHINGTON, D.C. 20503
November 15, 1990
THE DIRECTOR
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Enrolled Bill S. 2936 - Hazardous Materials
Transportation Uniform Safety Act of 1990
Sponsors - Sen. Exon (D) Nebraska and 2 others
Last Day for Action
November 21, 1990 - Wednesday
Purpose
(1) Authorizes appropriations for the enforcement of the
Hazardous Materials Transportation Act (HMTA) for FYs 1991-1993;
(2) establishes a program of grants for FYs 1993-1998 to train
State and local government personnel to respond to hazardous
materials transportation accidents; and (3) makes numerous,
miscellaneous amendments intended to strengthen enforcement of
the HMTA.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Agriculture
Approval
Federal Emergency Management
Agency
Approval
United States Postal Service
No objection
Nuclear Regulatory Commission
No objection (Informally)
Department of Defense
No objection (Informally)
Department of the Interior
No objection (Informally)
Department of Justice
Defers
Department of Labor
No comment (Informally)
Department of Commerce
Department of Health
No comment (Informally)
and Human Services
Department of the Treasury
No comment (Informally)
Environmental Protection Agency
No comment (Informally)
Department of Energy
No comment (Informally)
No comment (Informally)
Discussion
The HMTA is the principal Federal law regulating the safe
transportation of hazardous and radioactive materials. Under the
Act, the Department of Transportation (DOT) is responsible for
regulating shippers and transporters of hazardous materials
("hazmat"). DOT also is responsible for regulating persons who
manufacture, fabricate, or retest hazmat containers. The
appropriations authorization for HMTA activities expired at the
end of FY 1986.
S. 2936, which passed the Senate by unanimous consent and
the House by voice vote, would authorize appropriations for HMTA
activities and make numerous amendments to the Act. Its most
significant provisions are described below. Other provisions are
described in an Attachment.
-- Appropriations Authorizations
S. 2936 would authorize total appropriations for the
Department of Transportation's enforcement activities under the
HMTA of $20 million for FY 1991, $22 million for FY 1992, and
$41 million for FY 1993. The enacted FY 1991 appropriation for
HMTA programs is $10.4 million.
-- Registration and Permitting
S. 2936 would require all transporters of specified
categories or quantities of hazardous materials to be registered
with DOT. (DOT could require the registration of other hazmat
transporters.) DOT would have to issue regulations within a year
requiring all motor carriers transporting hazardous materials to
have valid safety permits issued by the Department. This
requirement would take effect two years after enactment. DOT
would be authorized, but not required, to impose charges
sufficient to recover the costs of the registration program.
-- Grant Programs
By September 30, 1992, DOT would have to issue regulations
mandating that all registered hazmat transporters pay an annual
fee. This fee would be based on criteria specified in the
enrolled bill, but could in no case be lower than $250 or higher
than $5,000. These fees would be deposited in a special account,
and would be available without appropriation in FYs 1993-1998 to
support grants as follows:
-- $5 million per year to assist States in developing
plans for responding to hazmat transportation
emergencies.
-- $7.8 million per year to help States and Indian tribes train
public sector employees in responding to hazmat
transportation emergencies.
-- $250,000 per year for nonprofit organizations to conduct
safety training for employees of hazmat transportation
companies.
In addition, $1 million would be made available during each
of FYs 1993-1998 for the development of hazmat training
curriculums. (Appropriations of $1 million from the general fund
in each of FYs 1991 and 1992 would also be authorized for this
purpose.) Finally, $2,450,000 would be made available from fee
revenues for certain monitoring activities to be performed by
several agencies.
-- Additional Inspectors
S. 2936 would require DOT to hire 30 more hazardous
materials safety inspectors than the 684 inspectors authorized in
FY 1990. The Department would be required to dedicate 10 of
these additional inspectors to specified activities involving the
transportation of radioactive materials.
-- National Monitoring Center
S. 2936 would require DOT to complete a rulemaking within 19
months of enactment on the feasibility of establishing a center
to monitor, on a national basis, all hazmat shipments. DOT would
have to contract with the National Academy of Sciences (NAS) to
perform a study and provide recommendations on this issue, to be
submitted to the Secretary and Congress within 19 months of
enactment. (Appropriations of $350,000 would be authorized to
support this study.) Within 25 months of enactment, the
Secretary would have to report to Congress his own
recommendations regarding such a system. Where the Secretary
does not recommend an action recommended by NAS, an explanation
would be required.
Earlier this year, DOT opposed a bill (H.R. 2584) which
would have required the establishment of such a national
monitoring center. According to DOT, such a central monitoring
system would be extremely costly and difficult to implement.
-- Routing
S. 2936 would authorize States and Indian tribes to
designate specific highway routes over which hazardous materials
may and may not be transported. DOT would be required to issue
regulations, within 18 months of enactment, prescribing standards
and procedures to be followed by States and Indian tribes in
making and enforcing such designations. Starting two years after
these regulations are issued, States and Indian tribes would be
preempted from making any decisions regarding routing which are
inconsistent with these regulations. (Routing determinations
made before these regulations are issued, however, would be
"grandfathered" even if they are inconsistent with the
regulations.)
- 3 -
DOT would be required to establish procedures for resolving
routing disputes among Indian tribes, States, and Federal
agencies. DOT would have to resolve such disputes within one
year. Disputants would be permitted to appeal adverse decisions
to Federal district courts within 90 days after a decision
becomes final.
Administration Position To Date
In a March 12, 1990, letter to the House Energy and Commerce
Committee, DOT opposed several provisions of a related bill,
H.R. 3520. The most important objections were to provisions
mandating a registration requirement similar to the one in
S. 2936, and a provision requiring DOT to hire 200 additional
safety inspectors (compared with the 30 required by the enrolled
bill).
Conclusion and Recommendations
In its enrolled bill views letter, DOT expresses concerns
regarding the mandatory registration requirement. According to
DOT, assuring the compliance of all of the "minimum of 100,000
entities" covered by the requirement would "severely restrict our
ability to carry out our mandated safety regulatory
responsibilities." Moreover, DOT notes that "the bill does not
exempt foreign persons from registration fees, and we are very
concerned about the potential effect on U.S. trade, because
foreign governments may impose comparable fees on U.S.
companies." DOT concludes, however, that the enrolled bill "on
balance ... provides needed improvements and is a positive step
in ensuring the safe transportation of hazardous materials."
We join the Departments of Transportation and Agriculture
and the Federal Emergency Management Agency in recommending
approval of S. 2936, which passed the Senate by unanimous consent
and the House by voice vote.
Anerew Damn
Richard Darman
Director
Enclosures
- 4 -
Attachment
Miscellaneous Provisions of S. 2936
Regulations and Preemption
The HMTA currently states that DOT "may" issue regulations
regarding the transportation of hazardous materials in
"commerce." State and local laws which are "inconsistent" with
such regulations are preempted, unless exempted from preemption
by DOT. According to the House Energy and Commerce Committee
report on H.R. 3520, a related bill, DOT has applied HMTA
regulations only sparingly to intrastate and foreign commerce,
and determinations as to whether State and local laws are
"inconsistent" with DOT regulations frequently generate time-
consuming administrative and legal proceedings.
S. 2936 would require, rather than permit, DOT to issue
regulations implementing the HMTA. It would also require that
these regulations cover intrastate and foreign, as well as
interstate, commerce. Preemption would apply only to HMTA
regulations on specified subjects. State and local laws that are
not "substantively the same" as such regulations would be
preempted. (This would not apply to laws that State or local
governments are specifically authorized to issue by another
Federal statute.) The enrolled bill would also establish
administrative and judicial procedures for persons adversely
affected by State laws they believe to be preempted under the
HMTA.
Uniformity of State Regulations
S. 2936 would require the Secretary of Transportation to
convene a working group of State and local government officials
to develop recommendations for uniform registration procedures
for hazardous materials transporters. This group would be
required to provide a report to Congress within three years of
enactment. Ninety days following adoption of these
recommendations by at least 26 States, the Secretary would be
required to issue regulations implementing the recommendations.
Appropriations of $400,000 would be authorized for each of
FYs 1991-1993 to support the working group.
Transportation of Highly Radioactive Materials
S. 2936 would require the Secretary to conduct a study of
the potential safety benefits of requiring that the rail
transportation of certain radioactive materials be performed only
on dedicated trains. This study would be performed in
cooperation with the Department of Energy, the Nuclear Regulatory
Commission, potentially affected Indian tribes and States, and
other interested parties. The Secretary would be required to
submit a report on this study to Congress within one year of
enactment, and to complete a rulemaking on the issue within two
years of enactment.
The Secretary would also be required to issue regulations,
within one year of enactment, mandating inspection and
certification requirements for motor carriers involved in
transporting specified highly radioactive materials.
Identification and Monitoring of Hazardous Materials
S. 2936 would (1) prohibit misrepresentation of hazardous
materials as safe or non-hazardous materials as hazardous; (2)
prohibit tampering with containers used to transport hazardous
materials or with required warning labels; and (3)
mandate specified disclosure requirements for shipments of
hazardous materials.
In addition, the Secretary would be required to issue
regulations within 30 months of enactment:
-- setting forth improved standards for identifying
vehicles which carry hazardous materials; and
-- establishing a "continually monitored telephone system"
to provide emergency response information and
assistance.
Penalties
S. 2936 would provide that "knowing" civil violations of
HMTA are considered to have taken place where persons knew, or
should have known if they had taken reasonable care, that
violations were occurring. (According to a statement on the
Senate floor, this provision responds to a recent Federal
district court holding that a "knowing" civil violation of HMTA
required "willful negligence" or "reckless disregard".)
In addition, the enrolled bill would:
-- increase maximum penalties for civil violations of the Act
from $10,000 to $25,000;
-- establish a $250 minimum penalty for civil violations; and
-- provide that criminal violations of HMTA may be punished by
up to five years of imprisonment and/or fines of up to
$250,000 for individuals and $500,000 for corporations.
- 2 -
Bonding Requirements
S. 2936 would impose a bonding requirement of $5 million on
transporters of specified categories and quantities of hazardous
materials. DOT could reduce this amount by regulation, but not
to an amount lower than $1 million.
Rail Safety
S. 2936 would amend the Federal Rail Safety Act (FRSA) to
specifically include the safe transportation of hazardous
materials in State rail safety activities under the Act. The
enrolled bill would specify that this change would not modify
existing standards regarding preemption of State and local laws
under the FRSA.
Other Provisions
S. 2936 would also:
-- Prohibit the transportation of specified hazardous materials
in certain railroad tank cars.
-- Specify that Federal contractors are required to adhere to
the same Federal, State, and local safety requirements
as other hazmat transporters.
-- Specify that States receiving Federal grants for enforcement
of commercial motor vehicle safety laws may enforce such
laws with respect to commercial motor vehicles leased to the
Federal Government.
The enrolled bill would also require the Secretary of
Transportation to issue regulations:
-- within 18 months, prescribing requirements for training and
certifying specified personnel involved in hazmat
transportation; and
-- within 19 months, prescribing improved means of identifying
hazardous materials.
- 3 -
illing
Document No. 189877
WHITE HOUSE STAFFING MEMORANDUM
11/15/90
10:00 a.m. 11/16
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
S. 2936 -- HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY
SUBJECT:
ACT OF 1990
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
ROGERS
DEMAREST
CLERK
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide any comments/recommendations directly to my office
by 10:00 a.m. on 11/16. Thanks.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF management AND BUDGET
STATE
WASHINGTON, D.C. 20503
November 15, 1990
THE DIRECTOR
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Enrolled Bill S. 2936 - Hazardous Materials
Transportation Uniform Safety Act of 1990
Sponsors - Sen. Exon (D) Nebraska and 2 others
Last Day for Action
November 21, 1990 - Wednesday
Purpose
(1) Authorizes appropriations for the enforcement of the
Hazardous Materials Transportation Act (HMTA) for FYs 1991-1993;
(2) establishes a program of grants for FYs 1993-1998 to train
State and local government personnel to respond to hazardous
materials transportation accidents; and (3) makes numerous,
miscellaneous amendments intended to strengthen enforcement of
the HMTA.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Agriculture
Approval
Federal Emergency Management
Agency
Approval
United States Postal Service
No objection
Nuclear Regulatory Commission
No objection (Informally)
Department of Defense
No objection (Informally)
Department of the Interior
No objection (Informally)
Department of Justice
Defers
Department of Labor
No comment (Informally)
Department of Commerce
No comment (Informally)
Department of Health
and Human Services
Department of the Treasury
No comment (Informally)
Environmental Protection Agency
No comment (Informally)
Department of Energy
No comment (Informally)
No comment (Informally)
Discussion
The HMTA is the principal Federal law regulating the safe
transportation of hazardous and radioactive materials. Under the
Act, the Department of Transportation (DOT) is responsible for
regulating shippers and transporters of hazardous materials
("hazmat"). DOT also is responsible for regulating persons who
manufacture, fabricate, or retest hazmat containers. The
appropriations authorization for HMTA activities expired at the
end of FY 1986.
S. 2936, which passed the Senate by unanimous consent and
the House by voice vote, would authorize appropriations for HMTA
activities and make numerous amendments to the Act. Its most
significant provisions are described below. Other provisions are
described in an Attachment.
-- Appropriations Authorizations
S. 2936 would authorize total appropriations for the
Department of Transportation's enforcement activities under the
HMTA of $20 million for FY 1991, $22 million for FY 1992, and
$41 million for FY 1993. The enacted FY 1991 appropriation for
HMTA programs is $10.4 million.
-- Registration and Permitting
S. 2936 would require all transporters of specified
categories or quantities of hazardous materials to be registered
with DOT. (DOT could require the registration of other hazmat
transporters.) DOT would have to issue regulations within a year
requiring all motor carriers transporting hazardous materials to
have valid safety permits issued by the Department. This
requirement would take effect two years after enactment. DOT
would be authorized, but not required, to impose charges
sufficient to recover the costs of the registration program.
-- Grant Programs
By September 30, 1992, DOT would have to issue regulations
mandating that all registered hazmat transporters pay an annual
fee. This fee would be based on criteria specified in the
enrolled bill, but could in no case be lower than $250 or higher
than $5,000. These fees would be deposited in a special account,
and would be available without appropriation in FYs 1993-1998 to
support grants as follows:
-- $5 million per year to assist States in developing
plans for responding to hazmat transportation
emergencies.
-- $7.8 million per year to help States and Indian tribes train
public sector employees in responding to hazmat
transportation emergencies.
-- $250,000 per year for nonprofit organizations to conduct
safety training for employees of hazmat transportation
companies.
In addition, $1 million would be made available during each
of FYs 1993-1998 for the development of hazmat training
curriculums. (Appropriations of $1 million from the general fund
in each of FYs 1991 and 1992 would also be authorized for this
purpose.) Finally, $2,450,000 would be made available from fee
revenues for certain monitoring activities to be performed by
several agencies.
-- Additional Inspectors
S. 2936 would require DOT to hire 30 more hazardous
materials safety inspectors than the 684 inspectors authorized in
FY 1990. The Department would be required to dedicate 10 of
these additional inspectors to specified activities involving the
transportation of radioactive materials.
-- National Monitoring Center
S. 2936 would require DOT to complete a rulemaking within 19
months of enactment on the feasibility of establishing a center
to monitor, on a national basis, all hazmat shipments. DOT would
have to contract with the National Academy of Sciences (NAS) to
perform a study and provide recommendations on this issue, to be
submitted to the Secretary and Congress within 19 months of
enactment. (Appropriations of $350,000 would be authorized to
support this study.) Within 25 months of enactment, the
Secretary would have to report to Congress his own
recommendations regarding such a system. Where the Secretary
does not recommend an action recommended by NAS, an explanation
would be required.
Earlier this year, DOT opposed a bill (H.R. 2584) which
would have required the establishment of such a national
monitoring center. According to DOT, such a central monitoring
system would be extremely costly and difficult to implement.
-- Routing
S. 2936 would authorize States and Indian tribes to
designate specific highway routes over which hazardous materials
may and may not be transported. DOT would be required to issue
regulations, within 18 months of enactment, prescribing standards
and procedures to be followed by States and Indian tribes in
making and enforcing such designations. Starting two years after
these regulations are issued, States and Indian tribes would be
preempted from making any decisions regarding routing which are
inconsistent with these regulations. (Routing determinations
made before these regulations are issued, however, would be
"grandfathered" even if they are inconsistent with the
regulations.)
- 3 -
DOT would be required to establish procedures for resolving
routing disputes among Indian tribes, States, and Federal
agencies. DOT would have to resolve such disputes within one
year. Disputants would be permitted to appeal adverse decisions
to Federal district courts within 90 days after a decision
becomes final.
Administration Position To Date
In a March 12, 1990, letter to the House Energy and Commerce
Committee, DOT opposed several provisions of a related bill,
H.R. 3520. The most important objections were to provisions
mandating a registration requirement similar to the one in
S. 2936, and a provision requiring DOT to hire 200 additional
safety inspectors (compared with the 30 required by the enrolled
bill).
Conclusion and Recommendations
In its enrolled bill views letter, DOT expresses concerns
regarding the mandatory registration requirement. According to
DOT, assuring the compliance of all of the "minimum of 100,000
entities" covered by the requirement would "severely restrict our
ability to carry out our mandated safety regulatory
responsibilities." Moreover, DOT notes that "the bill does not
exempt foreign persons from registration fees, and we are very
concerned about the potential effect on U.S. trade, because
foreign governments may impose comparable fees on U.S.
companies." DOT concludes, however, that the enrolled bill "on
balance ... provides needed improvements and is a positive step
in ensuring the safe transportation of hazardous materials."
We join the Departments of Transportation and Agriculture
and the Federal Emergency Management Agency in recommending
approval of S. 2936, which passed the Senate by unanimous consent
and the House by voice vote.
Annum Damn
Richard Darman
Director
Enclosures
- 4 -
Attachment
Miscellaneous Provisions of S. 2936
Regulations and Preemption
The HMTA currently states that DOT "may" issue regulations
regarding the transportation of hazardous materials in
"commerce." State and local laws which are "inconsistent" with
such regulations are preempted, unless exempted from preemption
by DOT. According to the House Energy and Commerce Committee
report on H.R. 3520, a related bill, DOT has applied HMTA
regulations only sparingly to intrastate and foreign commerce,
and determinations as to whether State and local laws are
"inconsistent" with DOT regulations frequently generate time-
consuming administrative and legal proceedings.
S. 2936 would require, rather than permit, DOT to issue
regulations implementing the HMTA. It would also require that
these regulations cover intrastate and foreign, as well as
interstate, commerce. Preemption would apply only to HMTA
regulations on specified subjects. State and local laws that are
not "substantively the same" as such regulations would be
preempted. (This would not apply to laws that State or local
governments are specifically authorized to issue by another
Federal statute.) The enrolled bill would also establish
administrative and judicial procedures for persons adversely
affected by State laws they believe to be preempted under the
HMTA.
Uniformity of State Regulations
S. 2936 would require the Secretary of Transportation to
convene a working group of State and local government officials
to develop recommendations for uniform registration procedures
for hazardous materials transporters. This group would be
required to provide a report to Congress within three years of
enactment. Ninety days following adoption of these
recommendations by at least 26 States, the Secretary would be
required to issue regulations implementing the recommendations.
Appropriations of $400,000 would be authorized for each of
FYs 1991-1993 to support the working group.
Transportation of Highly Radioactive Materials
S. 2936 would require the Secretary to conduct a study of
the potential safety benefits of requiring that the rail
transportation of certain radioactive materials be performed only
on dedicated trains. This study would be performed in
cooperation with the Department of Energy, the Nuclear Regulatory
Commission, potentially affected Indian tribes and States, and
other interested parties. The Secretary would be required to
submit a report on this study to Congress within one year of
enactment, and to complete a rulemaking on the issue within two
years of enactment.
within one year of enactment, mandating inspection and
The Secretary would also be required to issue regulations,
certification requirements for motor carriers involved in
transporting specified highly radioactive materials.
Identification and Monitoring of Hazardous Materials
S. 2936 would (1) prohibit misrepresentation of hazardous
prohibit tampering with containers used to transport hazardous
materials as safe or non-hazardous materials as hazardous; (2)
materials or with required warning labels; and (3)
hazardous materials.
mandate specified disclosure requirements for shipments of
In addition, the Secretary would be required to issue
regulations within 30 months of enactment:
-- setting forth improved standards for identifying
vehicles which carry hazardous materials; and
-- establishing a "continually monitored telephone system"
to provide emergency response information and
assistance.
Penalties
S. 2936 would provide that "knowing" civil violations of
HMTA are considered to have taken place where persons knew, or
should have known if they had taken reasonable care, that
violations were occurring. (According to a statement on the
Senate floor, this provision responds to a recent Federal
district court holding that a "knowing" civil violation of HMTA
required "willful negligence" or "reckless disregard".)
In addition, the enrolled bill would:
-- increase maximum penalties for civil violations of the Act
from $10,000 to $25,000;
-- establish a $250 minimum penalty for civil violations; and
-- provide that criminal violations of HMTA may be punished by
up to five years of imprisonment and/or fines of up to
$250,000 for individuals and $500,000 for corporations.
- 2 -
Bonding Requirements
S. 2936 would impose a bonding requirement of $5 million on
transporters of specified categories and quantities of hazardous
materials. DOT could reduce this amount by regulation, but not
to an amount lower than $1 million.
Rail Safety
specifically include the safe transportation of hazardous
S. 2936 would amend the Federal Rail Safety Act (FRSA) to
materials in State rail safety activities under the Act. The
existing standards regarding preemption of State and local laws
enrolled bill would specify that this change would not modify
under the FRSA.
Other Provisions
S. 2936 would also:
-- Prohibit the transportation of specified hazardous materials
in certain railroad tank cars.
-- Specify that Federal contractors are required to adhere to
the same Federal, State, and local safety requirements
as other hazmat transporters.
-- Specify that States receiving Federal grants for enforcement
of commercial motor vehicle safety laws may enforce such
laws with respect to commercial motor vehicles leased to the
Federal Government.
The enrolled bill would also require the Secretary of
Transportation to issue regulations:
-- within 18 months, prescribing requirements for training and
certifying specified personnel involved in hazmat
transportation; and
-- within 19 months, prescribing improved means of identifying
hazardous materials.
- 3 -
11/16
Document No. 189877
WHITE HOUSE STAFFING MEMORANDUM
10:00 a.m. 11/16
11/15/90
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
S. 2936 -- HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY
ACT OF 1990
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
У
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
ROGERS
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide any comments/recommendations directly to my office
by 10:00 a.m. on 11/16. Thanks.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
November 15, 1990
THE DIRECTOR
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Enrolled Bill S. 2936 Hazardous Materials
Transportation Uniform Safety Act of 1990
Sponsors - Sen. Exon (D) Nebraska and 2 others
Last Day for Action
November 21, 1990 Wednesday
Purpose
(1) Authorizes appropriations for the enforcement of the
Hazardous Materials Transportation Act (HMTA) for FYs 1991-1993;
(2) establishes a program of grants for FYs 1993-1998 to train
State and local government personnel to respond to hazardous
materials transportation accidents; and (3) makes numerous,
miscellaneous amendments intended to strengthen enforcement of
the HMTA.
Agency Recommendations
Office of Management and Budget Approval
Department of Transportation
Approval
Department of Agriculture
Approval
Federal Emergency Management
Agency
Approval
United States Postal Service
No objection
Nuclear Regulatory Commission
No objection (Informally)
Department of Defense
No objection (Informally)
Department of the Interior
No objection (Informally)
Department of Justice
Defers
Department of Labor
No comment (Informally)
Department of Commerce
No comment (Informally)
Department of Health
and Human Services
No comment (Informally)
Department of the Treasury
No comment (Informally)
Environmental Protection Agency
No comment
Department of Energy
(Informally)
No comment (Informally)
Discussion
The HMTA is the principal Federal law regulating the safe
transportation of hazardous and radioactive materials. Under the
Act, the Department of Transportation (DOT) is responsible for
regulating shippers and transporters of hazardous materials
("hazmat"). DOT also is responsible for regulating persons who
manufacture, fabricate, or retest hazmat containers. The
appropriations authorization for HMTA activities expired at the
end of FY 1986.
S. 2936, which passed the Senate by unanimous consent and
the House by voice vote, would authorize appropriations for HMTA
activities and make numerous amendments to the Act. Its most
significant provisions are described below. Other provisions are
described in an Attachment.
-- Appropriations Authorizations
S. 2936 would authorize total appropriations for the
Department of Transportation's enforcement activities under the
HMTA of $20 million for FY 1991, $22 million for FY 1992, and
$41 million for FY 1993. The enacted FY 1991 appropriation for
HMTA programs is $10.4 million.
-- Registration and Permitting
S. 2936 would require all transporters of specified
categories or quantities of hazardous materials to be registered
with DOT. (DOT could require the registration of other hazmat
transporters.) DOT would have to issue regulations within a year
requiring all motor carriers transporting hazardous materials to
have valid safety permits issued by the Department. This
requirement would take effect two years after enactment. DOT
would be authorized, but not required, to impose charges
sufficient to recover the costs of the registration program.
-- Grant Programs
By September 30, 1992, DOT would have to issue regulations
mandating that all registered hazmat transporters pay an annual
fee. This fee would be based on criteria specified in the
enrolled bill, but could in no case be lower than $250 or higher
than $5,000. These fees would be deposited in a special account,
and would be available without appropriation in FYs 1993-1998 to
support grants as follows:
-- $5 million per year to assist States in developing
plans for responding to hazmat transportation
emergencies.
-- $7.8 million per year to help States and Indian tribes train
public sector employees in responding to hazmat
transportation emergencies.
-- $250,000 per year for nonprofit organizations to conduct
safety training for employees of hazmat transportation
companies.
In addition, $1 million would be made available during each
of FYs 1993-1998 for the development of hazmat training
curriculums. (Appropriations of $1 million from the general fund
in each of FYs 1991 and 1992 would also be authorized for this
purpose.) Finally, $2,450,000 would be made available from fee
revenues for certain monitoring activities to be performed by
several agencies.
-- Additional Inspectors
S. 2936 would require DOT to hire 30 more hazardous
materials safety inspectors than the 684 inspectors authorized in
FY 1990. The Department would be required to dedicate 10 of
these additional inspectors to specified activities involving the
transportation of radioactive materials.
-- National Monitoring Center
S. 2936 would require DOT to complete a rulemaking within 19
months of enactment on the feasibility of establishing a center
to monitor, on a national basis, all hazmat shipments. DOT would
have to contract with the National Academy of Sciences (NAS) to
perform a study and provide recommendations on this issue, to be
submitted to the Secretary and Congress within 19 months of
enactment. (Appropriations of $350,000 would be authorized to
support this study.) Within 25 months of enactment, the
Secretary would have to report to Congress his own
recommendations regarding such a system. Where the Secretary
does not recommend an action recommended by NAS, an explanation
would be required.
Earlier this year, DOT opposed a bill (H.R. 2584) which
would have required the establishment of such a national
monitoring center. According to DOT, such a central monitoring
system would be extremely costly and difficult to implement.
-- Routing
S. 2936 would authorize States and Indian tribes to
designate specific highway routes over which hazardous materials
may and may not be transported. DOT would be required to issue
regulations, within 18 months of enactment, prescribing standards
and procedures to be followed by States and Indian tribes in
making and enforcing such designations. Starting two years after
these regulations are issued, States and Indian tribes would be
preempted from making any decisions regarding routing which are
inconsistent with these regulations. (Routing determinations
made before these regulations are issued, however, would be
"grandfathered" even if they are inconsistent with the
regulations.)
- 3 -
DOT would be required to establish procedures for resolving
routing disputes among Indian tribes, States, and Federal
agencies. DOT would have to resolve such disputes within one
year. Disputants would be permitted to appeal adverse decisions
to Federal district courts within 90 days after a decision
becomes final.
Administration Position To Date
In a March 12, 1990, letter to the House Energy and Commerce
Committee, DOT opposed several provisions of a related bill,
H.R. 3520. The most important objections were to provisions
mandating a registration requirement similar to the one in
S. 2936, and a provision requiring DOT to hire 200 additional
safety inspectors (compared with the 30 required by the enrolled
bill).
Conclusion and Recommendations
In its enrolled bill views letter, DOT expresses concerns
regarding the mandatory registration requirement. According to
DOT, assuring the compliance of all of the "minimum of 100,000
entities" covered by the requirement would "severely restrict our
ability to carry out our mandated safety regulatory
responsibilities." Moreover, DOT notes that "the bill does not
exempt foreign persons from registration fees, and we are very
concerned about the potential effect on U.S. trade, because
foreign governments may impose comparable fees on U.S.
companies." DOT concludes, however, that the enrolled bill "on
balance ... provides needed improvements and is a positive step
in ensuring the safe transportation of hazardous materials."
We join the Departments of Transportation and Agriculture
and the Federal Emergency Management Agency in recommending
approval of S. 2936, which passed the Senate by unanimous consent
and the House by voice vote.
Annum Damn
Richard Darman
Director
Enclosures
- 4 -
Attachment
Miscellaneous Provisions of S. 2936
Regulations and Preemption
The HMTA currently states that DOT "may" issue regulations
regarding the transportation of hazardous materials in
"commerce." State and local laws which are "inconsistent" with
such regulations are preempted, unless exempted from preemption
by DOT. According to the House Energy and Commerce Committee
report on H.R. 3520, a related bill, DOT has applied HMTA
regulations only sparingly to intrastate and foreign commerce,
and determinations as to whether State and local laws are
"inconsistent" with DOT regulations frequently generate time-
consuming administrative and legal proceedings.
S. 2936 would require, rather than permit, DOT to issue
regulations implementing the HMTA. It would also require that
these regulations cover intrastate and foreign, as well as
interstate, commerce. Preemption would apply only to HMTA
regulations on specified subjects. State and local laws that are
not "substantively the same" as such regulations would be
preempted. (This would not apply to laws that State or local
governments are specifically authorized to issue by another
Federal statute.) The enrolled bill would also establish
administrative and judicial procedures for persons adversely
affected by State laws they believe to be preempted under the
HMTA.
Uniformity of State Regulations
S. 2936 would require the Secretary of Transportation to
convene a working group of State and local government officials
to develop recommendations for uniform registration procedures
for hazardous materials transporters. This group would be
required to provide a report to Congress within three years of
enactment. Ninety days following adoption of these
recommendations by at least 26 States, the Secretary would be
required to issue regulations implementing the recommendations.
Appropriations of $400,000 would be authorized for each of
FYs 1991-1993 to support the working group.
Transportation of Highly Radioactive Materials
S. 2936 would require the Secretary to conduct a study of
the potential safety benefits of requiring that the rail
transportation of certain radioactive materials be performed only
on dedicated trains. This study would be performed in
cooperation with the Department of Energy, the Nuclear Regulatory
Commission, potentially affected Indian tribes and States, and
other interested parties. The Secretary would be required to
submit a report on this study to Congress within one year of
enactment, and to complete a rulemaking on the issue within two
years of enactment.
The Secretary would also be required to issue regulations,
within one year of enactment, mandating inspection and
certification requirements for motor carriers involved in
transporting specified highly radioactive materials.
Identification and Monitoring of Hazardous Materials
S. 2936 would (1) prohibit misrepresentation of hazardous
materials as safe or non-hazardous materials as hazardous; (2)
prohibit tampering with containers used to transport hazardous
materials or with required warning labels; and (3)
mandate specified disclosure requirements for shipments of
hazardous materials.
In addition, the Secretary would be required to issue
regulations within 30 months of enactment:
-- setting forth improved standards for identifying
vehicles which carry hazardous materials; and
-- establishing a "continually monitored telephone system"
to provide emergency response information and
assistance.
Penalties
S. 2936 would provide that "knowing" civil violations of
HMTA are considered to have taken place where persons knew, or
should have known if they had taken reasonable care, that
violations were occurring. (According to a statement on the
Senate floor, this provision responds to a recent Federal
district court holding that a "knowing" civil violation of HMTA
required "willful negligence" or "reckless disregard".)
In addition, the enrolled bill would:
-- increase maximum penalties for civil violations of the Act
from $10,000 to $25,000;
-- establish a $250 minimum penalty for civil violations; and
-- provide that criminal violations of HMTA may be punished by
up to five years of imprisonment and/or fines of up to
$250,000 for individuals and $500,000 for corporations.
- 2 -
Bonding Requirements
S. 2936 would impose a bonding requirement of $5 million on
transporters of specified categories and quantities of hazardous
materials. DOT could reduce this amount by regulation, but not
to an amount lower than $1 million.
Rail Safety
S. 2936 would amend the Federal Rail Safety Act (FRSA) to
specifically include the safe transportation of hazardous
materials in State rail safety activities under the Act. The
enrolled bill would specify that this change would not modify
existing standards regarding preemption of State and local laws
under the FRSA.
Other Provisions
S. 2936 would also:
-- Prohibit the transportation of specified hazardous materials
in certain railroad tank cars.
-- Specify that Federal contractors are required to adhere to
the same Federal, State, and local safety requirements
as other hazmat transporters.
-- Specify that States receiving Federal grants for enforcement
of commercial motor vehicle safety laws may enforce such
laws with respect to commercial motor vehicles leased to the
Federal Government.
The enrolled bill would also require the Secretary of
Transportation to issue regulations:
-- within 18 months, prescribing requirements for training and
certifying specified personnel involved in hazmat
transportation; and
-- within 19 months, prescribing improved means of identifying
hazardous materials.
- 3 -
Document No. 189877
WHITE HOUSE STAFFING MEMORANDUM
11/15/90
10:00 a.m. 11/16
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
S. 2936 -- HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY
SUBJECT:
ACT OF 1990
ACTION FYI
ACTION
FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
ROGERS
I
DEMAREST
CLERK
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide any comments/recommendations directly to my office
by 10:00 a.m. on 11/16. Thanks.
RESPONSE:
No conrenks per EdR R
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF management AND BUDGET
STATE
WASHINGTON, D.C. 20503
November 15, 1990
THE DIRECTOR
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Enrolled Bill S. 2936 - Hazardous Materials
Transportation Uniform Safety Act of 1990
Sponsors - Sen. Exon (D) Nebraska and 2 others
Last Day for Action
November 21, 1990 - Wednesday
Purpose
(1) Authorizes appropriations for the enforcement of the
Hazardous Materials Transportation Act (HMTA) for FYs 1991-1993;
(2) establishes a program of grants for FYs 1993-1998 to train
State and local government personnel to respond to hazardous
materials transportation accidents; and (3) makes numerous,
miscellaneous amendments intended to strengthen enforcement of
the HMTA.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Agriculture
Approval
Federal Emergency Management
Agency
Approval
United States Postal Service
No objection
Nuclear Regulatory Commission
No objection (Informally)
Department of Defense
No objection (Informally)
Department of the Interior
No objection (Informally)
Department of Justice
Defers
Department of Labor
Department of Commerce
No comment (Informally)
Department of Health
No comment (Informally)
and Human Services
Department of the Treasury
No comment (Informally)
Environmental Protection Agency
No comment (Informally)
Department of Energy
No comment (Informally)
No comment (Informally)
Discussion
The HMTA is the principal Federal law regulating the safe
transportation of hazardous and radioactive materials. Under the
Act, the Department of Transportation (DOT) is responsible for
regulating shippers and transporters of hazardous materials
("hazmat"). DOT also is responsible for regulating persons who
manufacture, fabricate, or retest hazmat containers. The
appropriations authorization for HMTA activities expired at the
end of FY 1986.
S. 2936, which passed the Senate by unanimous consent and
the House by voice vote, would authorize appropriations for HMTA
activities and make numerous amendments to the Act. Its most
significant provisions are described below. Other provisions are
described in an Attachment.
-- Appropriations Authorizations
S. 2936 would authorize total appropriations for the
Department of Transportation's enforcement activities under the
HMTA of $20 million for FY 1991, $22 million for FY 1992, and
$41 million for FY 1993. The enacted FY 1991 appropriation for
HMTA programs is $10.4 million.
-- Registration and Permitting
S. 2936 would require all transporters of specified
categories or quantities of hazardous materials to be registered
with DOT. (DOT could require the registration of other hazmat
transporters.) DOT would have to issue regulations within a year
requiring all motor carriers transporting hazardous materials to
have valid safety permits issued by the Department. This
requirement would take effect two years after enactment. DOT
would be authorized, but not required, to impose charges
sufficient to recover the costs of the registration program.
-- Grant Programs
By September 30, 1992, DOT would have to issue regulations
mandating that all registered hazmat transporters pay an annual
fee. This fee would be based on criteria specified in the
enrolled bill, but could in no case be lower than $250 or higher
than $5,000. These fees would be deposited in a special account,
and would be available without appropriation in FYs 1993-1998 to
support grants as follows:
-- $5 million per year to assist States in developing
plans for responding to hazmat transportation
emergencies.
-- $7.8 million per year to help States and Indian tribes train
public sector employees in responding to hazmat
transportation emergencies.
-- $250,000 per year for nonprofit organizations to conduct
safety training for employees of hazmat transportation
companies.
In addition, $1 million would be made available during each
of FYs 1993-1998 for the development of hazmat training
curriculums. (Appropriations of $1 million from the general fund
in each of FYs 1991 and 1992 would also be authorized for this
purpose.) Finally, $2,450,000 would be made available from fee
revenues for certain monitoring activities to be performed by
several agencies.
-- Additional Inspectors
S. 2936 would require DOT to hire 30 more hazardous
materials safety inspectors than the 684 inspectors authorized in
FY 1990. The Department would be required to dedicate 10 of
these additional inspectors to specified activities involving the
transportation of radioactive materials.
-- National Monitoring Center
S. 2936 would require DOT to complete a rulemaking within 19
months of enactment on the feasibility of establishing a center
to monitor, on a national basis, all hazmat shipments. DOT would
have to contract with the National Academy of Sciences (NAS) to
perform a study and provide recommendations on this issue, to be
submitted to the Secretary and Congress within 19 months of
enactment. (Appropriations of $350,000 would be authorized to
support this study.) Within 25 months of enactment, the
Secretary would have to report to Congress his own
recommendations regarding such a system. Where the Secretary
does not recommend an action recommended by NAS, an explanation
would be required.
Earlier this year, DOT opposed a bill (H.R. 2584) which
would have required the establishment of such a national
monitoring center. According to DOT, such a central monitoring
system would be extremely costly and difficult to implement.
-- Routing
S. 2936 would authorize States and Indian tribes to
designate specific highway routes over which hazardous materials
may and may not be transported. DOT would be required to issue
regulations, within 18 months of enactment, prescribing standards
and procedures to be followed by States and Indian tribes in
making and enforcing such designations. Starting two years after
these regulations are issued, States and Indian tribes would be
preempted from making any decisions regarding routing which are
inconsistent with these regulations. (Routing determinations
made before these regulations are issued, however, would be
"grandfathered" even if they are inconsistent with the
regulations.)
- 3 -
DOT would be required to establish procedures for resolving
routing disputes among Indian tribes, States, and Federal
agencies. DOT would have to resolve such disputes within one
year. Disputants would be permitted to appeal adverse decisions
to Federal district courts within 90 days after a decision
becomes final.
Administration Position To Date
In a March 12, 1990, letter to the House Energy and Commerce
Committee, DOT opposed several provisions of a related bill,
H.R. 3520. The most important objections were to provisions
mandating a registration requirement similar to the one in
S. 2936, and a provision requiring DOT to hire 200 additional
safety inspectors (compared with the 30 required by the enrolled
bill).
Conclusion and Recommendations
In its enrolled bill views letter, DOT expresses concerns
regarding the mandatory registration requirement. According to
DOT, assuring the compliance of all of the "minimum of 100,000
entities" covered by the requirement would "severely restrict our
ability to carry out our mandated safety regulatory
responsibilities." Moreover, DOT notes that "the bill does not
exempt foreign persons from registration fees, and we are very
concerned about the potential effect on U.S. trade, because
foreign governments may impose comparable fees on U.S.
companies." DOT concludes, however, that the enrolled bill "on
balance
... provides needed improvements and is a positive step
in ensuring the safe transportation of hazardous materials."
We join the Departments of Transportation and Agriculture
and the Federal Emergency Management Agency in recommending
approval of S. 2936, which passed the Senate by unanimous consent
and the House by voice vote.
Anerue Damn
Richard Darman
Director
Enclosures
- 4 -
Attachment
Miscellaneous Provisions of S. 2936
Regulations and Preemption
The HMTA currently states that DOT "may" issue regulations
regarding the transportation of hazardous materials in
"commerce." State and local laws which are "inconsistent" with
such regulations are preempted, unless exempted from preemption
by DOT. According to the House Energy and Commerce Committee
report on H.R. 3520, a related bill, DOT has applied HMTA
regulations only sparingly to intrastate and foreign commerce,
and determinations as to whether State and local laws are
"inconsistent" with DOT regulations frequently generate time-
consuming administrative and legal proceedings.
S. 2936 would require, rather than permit, DOT to issue
regulations implementing the HMTA. It would also require that
these regulations cover intrastate and foreign, as well as
interstate, commerce. Preemption would apply only to HMTA
regulations on specified subjects. State and local laws that are
not "substantively the same" as such regulations would be
preempted. (This would not apply to laws that State or local
governments are specifically authorized to issue by another
Federal statute.) The enrolled bill would also establish
administrative and judicial procedures for persons adversely
affected by State laws they believe to be preempted under the
HMTA.
Uniformity of State Regulations
S. 2936 would require the Secretary of Transportation to
convene a working group of State and local government officials
to develop recommendations for uniform registration procedures
for hazardous materials transporters. This group would be
required to provide a report to Congress within three years of
enactment. Ninety days following adoption of these
recommendations by at least 26 States, the Secretary would be
required to issue regulations implementing the recommendations.
Appropriations of $400,000 would be authorized for each of
FYs 1991-1993 to support the working group.
Transportation of Highly Radioactive Materials
S. 2936 would require the Secretary to conduct a study of
the potential safety benefits of requiring that the rail
transportation of certain radioactive materials be performed only
on dedicated trains. This study would be performed in
cooperation with the Department of Energy, the Nuclear Regulatory
Commission, potentially affected Indian tribes and States, and
other interested parties. The Secretary would be required to
submit a report on this study to Congress within one year of
enactment, and to complete a rulemaking on the issue within two
years of enactment.
within one year of enactment, mandating inspection and
The Secretary would also be required to issue regulations,
certification requirements for motor carriers involved in
transporting specified highly radioactive materials.
Identification and Monitoring of Hazardous Materials
S. 2936 would (1) prohibit misrepresentation of hazardous
materials as safe or non-hazardous materials as hazardous; (2)
prohibit tampering with containers used to transport hazardous
materials or with required warning labels; and (3)
mandate specified disclosure requirements for shipments of
hazardous materials.
In addition, the Secretary would be required to issue
regulations within 30 months of enactment:
-- setting forth improved standards for identifying
vehicles which carry hazardous materials; and
-- establishing a "continually monitored telephone system"
to provide emergency response information and
assistance.
Penalties
S. 2936 would provide that "knowing" civil violations of
HMTA are considered to have taken place where persons knew, or
should have known if they had taken reasonable care, that
violations were occurring. (According to a statement on the
Senate floor, this provision responds to a recent Federal
district court holding that a "knowing" civil violation of HMTA
required "willful negligence" or "reckless disregard".)
In addition, the enrolled bill would:
-- increase maximum penalties for civil violations of the Act
from $10,000 to $25,000;
-- establish a $250 minimum penalty for civil violations; and
-- provide that criminal violations of HMTA may be punished by
up to five years of imprisonment and/or fines of up to
$250,000 for individuals and $500,000 for corporations.
- 2 -
Bonding Requirements
S. 2936 would impose a bonding requirement of $5 million on
transporters of specified categories and quantities of hazardous
materials. DOT could reduce this amount by regulation, but not
to an amount lower than $1 million.
Rail Safety
S. 2936 would amend the Federal Rail Safety Act (FRSA) to
specifically include the safe transportation of hazardous
materials in State rail safety activities under the Act. The
enrolled bill would specify that this change would not modify
existing standards regarding preemption of State and local laws
under the FRSA.
Other Provisions
S. 2936 would also:
-- Prohibit the transportation of specified hazardous materials
in certain railroad tank cars.
-- Specify that Federal contractors are required to adhere to
the same Federal, State, and local safety requirements
as other hazmat transporters.
-- Specify that States receiving Federal grants for enforcement
of commercial motor vehicle safety laws may enforce such
laws with respect to commercial motor vehicles leased to the
Federal Government.
The enrolled bill would also require the Secretary of
Transportation to issue regulations:
-- within 18 months, prescribing requirements for training and
certifying specified personnel involved in hazmat
transportation; and
-- within 19 months, prescribing improved means of identifying
hazardous materials.
- 3 -
U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
NOV 0 8 1990
Honorable Richard G. Darman
Director
Office of Management and Budget
Old Executive Office Building
17th Street & Pennsylvania Ave., N.W.
Washington, D.C. 20503
Dear Mr. Darman:
In compliance with your request, the Department of
Justice has examined a facsimile of the enrolled bill, S. 2936,
the Hazardous Materials Transportation Uniform Safety Act of
1990. As we indicated to you by letters dated March 1, 1990, and
March 26, 1990, we are concerned about the efficacy of the
enforcement provisions of this Act. Although we were not able to
obtain improvements in the enforcement provisions in this
Congress, we would support such changes in the next legislative
session.
Despite these concerns with the enforcement provisions
of the bill, however, the Department defers to those agencies
more directly concerned with the subject matter of the bill as to
whether it should receive Executive approval.
Sincerely,
When Rands
W. Lee Rawls
Assistant Attorney General
UNITED STATES POSTAL SERVICE
TM
475 L'ENFANT PLAZA SW
WASHINGTON DC 20260-1100
LAW DEPARTMENT
November 8, 1990
Mr. Bernard H. Martin
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D.C. 20505-0001
Dear Mr. Martin:
This responds to your request for Postal Service views on the
enrolled bill:
S. 2936, to amend the Hazardous Materials Transportation Act
to authorize appropriations for fiscal years 1990, 1991, and
1992, and for other purposes.
1. Purpose of Legislation. The bill would amend the Hazardous
Materials Transportation Act, directing the Secretary of
Transportation to issue regulations for the safe transportation
of hazardous materials in domestic and foreign commerce. The
legislation also sets forth other requirements regarding such
transportation, and it increases civil and criminal penalties for
those who commit violations in the transport of hazardous
materials.
The Postal Service is specifically excluded from the application
of the legislation. Section 3 of the bill defines "person" to
exclude the United States Postal Service. Section 13, discussing
the legislation's relationship to other laws, makes clear that it
shall not apply " to any matter which is subject to the Federal
postal laws or regulations under this title or under title 18 or
title 39 of the United States Code."
2. Position of the Postal Service. The Postal Service approves
those provisions of the bill which exclude its application to the
Postal Service or to mail matter, and takes no position on the
remainder of the legislation.
3. Timing of Presidential Action. No recommendation.
4. Cost or Saving. No information.
000
OFFICIAL OLYMPIC SPONSOR
2
5. Recommendation for Presidential Action. The Postal Service
does not object to approval of the bill by the President.
Sincerely,
Stanley T, mires
Mires
Assistant General Counsel
Legislative Division
INTERGENCY MANAGEMENT
Federal Emergency Management Agency
AGENCY
Washington, D.C. 20472
NOV -8 1990
MEMORANDUM FOR: Bernard H. Martin
Assistant Director for Legislative Reference
Office of Management and Budget
FROM:
George W. Watson
Acting General Counsel
SUBJECT:
Enrolled Bill S.2936
This responds to your request for comments from the Federal Emergency
Management Agency (FEMA) on Enrolled Bill S.2936, the "Hazardous Materials
Transportation Uniform Safety Act of 1990." While FEMA supports the entire
Enrolled Bill, our interests are impacted most directly by section 17 of the
measure.
Section 17 of Enrolled Bill S. 2936 would amend the Hazardous Materials
Transportation Act ("the Act") by adding a new provision to the Act. New
section 117A of the Act would be entitled "Public Sector Training and
Planning". The new provision would address the need for training public
sector employees to respond to hazardous material accidents in a manner which
FEMA considers to be reasonable.
New section 117A of the Act would require the Secretary of Transportation to
make planning and training grants to States to implement emergency plans
developed pursuant to the Emergency Planning and Community Right-To-Know Act
of 1986. The training grants would be used to train public sector employees
to respond to accidents involving hazardous materials. New section 117A of
the Act would authorize FEMA and other Federal agencies to be involved in
disbursement of grants made by the Secretary and in the development and
updating of public sector emergency response and preparedness training
programs funded pursuant to the Act and other Federal grant authorities. The
Director of FEMA would also be required by the new provision to disseminate
the emergency response and preparedness curriculum developed pursuant to
proposed new section 117A, to monitor public sector emergency response
training and planning for hazardous materials accidents, and to provide
technical assistance in this context.
In summary, FEMA is supportive of section 17 of Enrolled Bill S. 2936 because
we believe it addresses serious needs in a reasonable and prudent manner.
Therefore, we encourage the President to sign the measure.
DEPARTMENT OF AGRICULTURE
UNITED DEPARTMENT OF
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20250
NOV 9 1990
The Honorable Richard G. Darman
Director, Office of Management and Budget
Washington, D.C. 20530
Dear Mr. Darmar Darman:
This letter is sent in response to the request of your office for
the recommendation of this Department with regard to the enrolled
bill S. 2936, the "Hazardous Materials Transportation Uniform
Safety Act of 1990."
This Department recommends that the President approve the bill.
The bill amends the Hazardous Materials Transportation Act to
establish uniform procedures for transporting hazardous materials,
and to authorize appropriations therefore.
Agriculture will be affected since many of the pesticides,
fertilizers, and other materials used in agricultural production
are designated as hazardous materials. Rural areas likewise are
affected since hazardous materials are transported through rural
areas, and rural communities must respond to accidents occurring
within their jurisdictions. S. 2963 supports safe transportation
of hazardous materials in rural areas, and ensures rural
representation in routing of hazardous materials on public highways
through the following provisions.
In accordance with the provisions of S. 2936, Federal law would
preempt State and local laws regulating transportation of hazardous
materials. Accordingly, uniform procedures would govern such
transportation throughout the country. Uniformity of procedures
facilitates more efficient and cost-effective movement of hazardous
materials. A national registration system would be established,
along with a safety permit procedure. Any State registration and
permitting forms and procedures would need to conform with Federal
requirements, so that the requirements will be uniform across the
country.
State and local participation in designating national highway
routes for hazardous materials transportation is outlined, a
process that ensures rural involvement in establishing routes
through rural areas.
The Department of Transportation would participate in international
forums publishing or recommending mandatory standards and
requirements for the transportation of hazardous materials in
international commerce, but is not obliged to issue a standard
The Honorable Richard G. Darman
2
identical with that adopted by the international forum. This
provision is especially valuable for agriculture since at times the
international forums place a different designation on agricultural
materials than that used in the United States.
Federal funds are provided to States for developing emergency plans
and for training public sector employees to respond to accidents
involving hazardous materials. Given fiscal restraints of local
governments in rural areas, provision of funds for training first
responders is critical. Adequate training also is essential, and
S. 2936 provides for the development of training materials and a
delivery system for those materials.
Sincerely,
Clayton Clayton Yeutter
Secretary
U.S. Department of
General Counsel
400 Seventh St., S.W.
Transportation
Washington, D.C. 20590
NOV - 9 1990
The Honorable Richard G. Darman
Director
Office of Management and Budget
Washington, DC 20503
Dear Mr. Darman:
This is in response to your request for the views of the
Department of Transportation on S. 2936, the Hazardous
Materials Transportation Uniform Safety Act of 1990, an
enrolled bill
"To amend the Hazardous Materials Transportation Act
to authorize appropriations for fiscal years 1990,
1991, and 1992, and for other purposes."
S. 2936 is a comprehensive set of provisions that would make
substantive changes to the Hazardous Materials Transportation
Act, and affect nearly all aspects of the Department's
hazardous materials transportation safety program. Some of the
bill resembles the Administration bill, H.R. 3229, particularly
in the area of defining the respective roles of all levels of
government in controlling the risks inherent in the transpor-
tation of hazardous materials. The bill contains a number of
other provisions, however, that would not improve safety and
would require considerable additional resources.
As does the Administration bill, S. 2936 would delineate
specific subject areas where Federal interests are preemptive
of tribal, state, and local regulation; add a preemption
determination process to the statute; and define the term
"knowingly" in regard to civil penalties. The bill would
authorize the designation of highway routes by tribal, state,
and local governments in accordance with Federal routing
standards, and establish a safety permitting program for motor
carriers of certain hazardous materials. We fully support
those provisions.
Our major concern with the bill is the registration program.
The bill requires the Secretary to implement a registration
program for certain persons involved in hazardous materials
transportation. The Secretary is to assess and collect
registration fees from those persons in amounts sufficient
2
to fund the bill's emergency preparedness program, which totals
$104 million over fiscal years 1991 through 1998. The
emergency preparedness program includes Federal technical
assistance and a $76.8 million grant program for states and
political subdivisions. The bill does not exempt foreign
persons from registration fees, and we are very concerned about
the potential effect on U.S. trade, because foreign governments
may impose comparable fees on U.S. companies.
Our conservative estimate is that a minimum of 100,000 entities
will be required to register with the Department. Administra-
tion and enforcement of such a broad fee collection program
will severely restrict our ability to carry out our mandated
safety regulatory responsibilities. Even assuming a voluntary
compliance rate of 80%, we could be faced with taking
enforcement action against 20,000 entities for failure to
register and pay the fee.
The bill also requires the Secretary to undertake a number
of studies and rulemaking proceedings, and hire 30 additional
inspectors. The bill authorizes $19.75 million in fiscal
year 1991, $22.4 million in fiscal year 1992, and $40.65
million in fiscal year 1993 to carry out these requirements and
the remainder of the current hazardous materials program.
However, only $10.419 million has been appropriated in fiscal
year 1991 to cover these program requirements.
We understand that industry supports the strong Federal
preemption provisions in the bill, and that state and local
governments are eager to benefit from the emergency prepared-
ness program. Despite our considerable reservations about
certain aspects of the bill, on balance the bill provides
needed improvements and is a positive step in ensuring the
safe transportation of hazardous materials. The Department
of Transportation, therefore, recommends that the President
sign the enrolled bill.
Sincerely,
Party Phillip D. Brady
7.
Bod
General Counsel
THE WHITE HOUSE
Office of the Press Secretary
-
For Immediate Release
November 16, 1990
The President today signed the following legislation:
H.R. 4888, which requires (1) the inspection and reburial of
certain offshore pipelines in the Gulf of Mexico, (2) the
issuance of related regulations by the Department of
Transportation (DOT), and (3) a nationwide program for reporting
and responding to navigational hazards posed by offshore
pipelines.
H.R. 4009, which (1) authorizes FY 1991 appropriations for the
Federal Maritime Commission (FMC), the Transportation
Department's Maritime Administration (Marad), and certain Coast
Guard programs; (2) makes numerous amendments to programs of
those agencies; and (3) provides coastwide trading and other
privileges to numerous named vessels.
S. 3084, which provides for the settlement of the water rights
claims of the Fallon Paiute Shoshone Indian Tribes, and settles
various disputes related tot he use of the waters of Lake Tahoe
and the Truckee and Carson Rivers in California and Nevada.
H.R. 5140, which amends the Elementary and Secondary Education
Act of 1965 to improve secondary school programs for basic skills
improvement and dropout prevention, and for other purposes.
H.R. 29, which (1) amends the conditions under which interlocking
directorates between corporations are prohibited; (2) increases
the maximum criminal fines for antitrust violations; and (3)
authorizes the United States to recover treble damages in civil
antitrust suits.
S. 2936, which (1) authorizes appropriations for the enforcement
of the Hazardous Materials Transportation Act (HMTA) for FYs
1991-1993; (2) establishes a program of grants for FYs 1993-1998
to train State and local government personnel to respond to
hazardous materials transportation accidents; and (3) makes
numerous, miscellaneous amendments intended to strengthen
enforcement of the HMTA.
S.J. Res. 206, which states that the United States should support
the negotiation of an international agreement providing
environmental protection for Antarctica, including an indefinite
ban on commercial minerals development.
S. 2566, which establishes the Smith River National Recreation
Area within the Six Rivers National Forest in California and
redesignates the Sunset Crater National Monument in Arizona as
the Sunset Crater Volcano National Monument.
S. 2857, which establishes (1) a National Foundation for
Biomedical Research and (2) a National Center for Medical
Rehabilitation Research within the National Institute on Child
Health and Human Development.
H.R. 1602, which authorizes a national program to assist States
in developing and operating regional systems of trauma care and
Hospital. authorizes appropriations for the George Washington University
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