[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1720 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1720

       To improve transportation safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 1997

     Mr. Dingell (for himself and Mr. Oberstar) (both by request), 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
Commerce, and the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To improve transportation safety, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; 
              TABLE OF CONTENTS.

    (a) Short Title.--Titles IX through XIV of this Act may be cited as 
the ``Surface Transportation Safety Act of 1997''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in titles IX through XIV an amendment or 
repeal is expressed in terms of an amendment to, or a repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States Code.
    (c) Table of Contents.--

Sec. 1. Short title; amendment of title 49, United States Code; table 
                            of contents.
Sec. 2. Awards.
                        TITLE IX--TRAFFIC SAFETY

Sec. 9001. Amendment to title 23 (Primary Safety Belt Use).
Sec. 9002. Amendments to chapter 301 (Motor Vehicle Safety).
Sec. 9003. Amendments to chapter 323 (Consumer Information).
Sec. 9004. Amendment to chapter 329 (Automobile Fuel Economy).
Sec. 9005. Amendments to chapter 331 (Theft Prevention).
Sec. 9006. Titling and control of severely damaged passenger motor 
                            vehicles.
              TITLE X--HAZARDOUS MATERIALS REAUTHORIZATION

Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Handling criteria repeal.
Sec. 10004. Training.
Sec. 10005. Registration.
Sec. 10006. Highway transportation of hazardous materials.
Sec. 10007. Shipping paper retention.
Sec. 10008. Training curriculum.
Sec. 10009. Planning and training grants.
Sec. 10010. Special permits and exclusions.
Sec. 10011. Administration.
Sec. 10012. Cooperative agreements.
Sec. 10013. Enforcement.
Sec. 10014. Penalties.
Sec. 10015. Preemption.
Sec. 10016. Judicial review.
Sec. 10017. Authorization of appropriations.
                TITLE XI--UNDERGROUND DAMAGE PREVENTION

Sec. 11001. Short title.
Sec. 11002. Underground damage prevention.
Sec. 11003. Technical amendment.
                TITLE XII--SANITARY FOOD TRANSPORTATION

Sec. 12001. Short title.
Sec. 12002. Findings.
Sec. 12003. Health and Human Services responsibilities.
Sec. 12004. DOT responsibilities.
Sec. 12005. Effective date.
        TITLE XIII--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM

Sec. 13001. Short title.
Sec. 13002. Purpose.
Sec. 13003. ``Wrecking trains'' statute.
Sec. 13004. Attacks against mass transportation.
Sec. 13005. Investigative jurisdiction.
             TITLE XIV--RAIL AND MASS TRANSPORTATION SAFETY

Sec. 14001. Safety considerations in grants or loans to commuter 
                            railroads.
Sec. 14002. Accident and incident reporting.
Sec. 14003. Vehicle weight limitations--mass transportation buses.

SEC. 2. AWARDS.

    (a) Section 326 is amended by--
            (1) adding the following after subsection (d):
    ``(e) For the purpose of executing the powers and duties of the 
Department, and as a means to encourage safety improvements by making 
special or periodic awards, the Secretary may provide for the honorary 
recognition of individuals and organizations that significantly 
contribute to programs, missions, or operations, including State and 
local governments, transportation unions, and commercial and nonprofit 
organizations, and pay for plaques, medals, trophies, badges, and 
similar items to acknowledge the contribution, including reasonable 
expenses of ceremony and presentation, using any appropriations or 
other funds available to the Department and its agencies.''; and
            (2) in the catchline for the section, inserting ``and 
        awards'' after ``Gifts''.
    (b) In item 326 of the analysis of chapter 3, strike--

``Gifts.''
and substitute--

``Gifts and awards.''.

                        TITLE IX--TRAFFIC SAFETY

SEC. 9001. AMENDMENT TO TITLE 23, UNITED STATES CODE.

    Section 402 of title 23, United States Code, is amended by adding 
at the end the following new subsection:
    ``(p) Transfer of Funds and Performance Option: Primary Safety Belt 
Use.--
            ``(1) Transfer.--
                    ``(A) Fiscal year 2002.--If, by the last day of 
                fiscal year 2002, a State has not enacted and had in 
                continuous effect a primary enforcement safety belt use 
                law described in subsection (m), the Secretary shall 
                transfer 1\1/2\ percent of the funds apportioned to the 
                State for fiscal year 2003 under each of paragraphs 
                (1), (3), and (5)(B) of section 104(b) of this title to 
                the apportionment of the State under section 402 of 
                this title. These transferred funds may be used only 
                for occupant protection programs.
                    ``(B) Thereafter.--If, by the last day of any 
                fiscal year beginning after September 30, 2002, a State 
                has not enacted and had in continuous effect a primary 
                enforcement safety belt use law described in subsection 
                (m), the Secretary shall transfer 3 percent of the 
                funds apportioned to the State for the succeeding 
                fiscal year under each of paragraphs (1), (3), and 
                (5)(B) of section 104(b) of this title to the 
                apportionment of the State under section 402 of this 
                title. These transferred funds may be used only for 
                occupant protection programs.
            ``(2) Federal share.--The Federal share of the cost of any 
        project carried out under section 402 of this title with funds 
        transferred to the apportionment of section 402 shall be 100 
        percent.
            ``(3) Transfer of obligation authority.--If the Secretary 
        transfers under this subsection any funds to the apportionment 
        of a State under section 402 of this title for a fiscal year, 
        the Secretary shall allocate an amount of obligation authority 
        distributed for such fiscal year to the State for Federal-aid 
        highways and highway construction programs for carrying out 
        only projects under section 402, which is determined by 
        multiplying--
                    ``(A) the amount of funds transferred to the 
                apportionment of section 402 of the State under section 
                402 for such fiscal year, by
                    ``(B) the ratio of the amount of obligation 
                authority distributed for such fiscal year to the State 
                for its Federal-aid highways and highway construction 
                programs to the total of the sums apportioned to the 
                State for its Federal-aid highways and highway 
                construction programs (excluding sums not subject to 
                any obligation limitation) for such fiscal year.
            ``(4) Limitation on applicability of highway safety 
        obligations.--Notwithstanding any other provision of law, no 
        limitation on the total of obligations for highway safety 
        programs under section 402 of this title shall apply to funds 
        transferred under this subsection to the State apportionment of 
        section 402.
            ``(5) Performance option.--Paragraph (1) of this subsection 
        shall not apply to a State in a fiscal year beginning after 
        September 30, 2002, if the Secretary certifies before each such 
        fiscal year that the State has a statewide safety belt use rate 
        of 85 percent or higher in both front outboard seating 
        positions in all passenger motor vehicles, as defined in 
        subsection (m) of this section. The State shall document its 
        safety belt use rate by conducting an annual survey 
that conforms to guidelines issued by the Secretary ensuring that 
measurements are accurate and representative. The Secretary shall use 
this survey and may use additional surveys or other relevant 
information as necessary in deciding whether to certify that the 
State's safety belt use rate is 85 percent or higher.
            ``(6) Definition.--For the purposes of this subsection, the 
        term `safety belt' means--
                    ``(A) with respect to open-body passenger vehicles, 
                including convertibles, an occupant restraint system, 
                consisting of a lap belt or a lap belt and a detachable 
                shoulder belt; and
                    ``(B) with respect to other passenger vehicles, an 
                occupant restraint system consisting of integrated lap 
                shoulder belts.''.

SEC. 9002. AMENDMENTS TO CHAPTER 301 (MOTOR VEHICLE SAFETY).

    (a) Section 30113(d) is amended by striking ``only if the Secretary 
determines the exemption is for not more than 2,500 vehicles'' and 
inserting ``for the number of vehicles the Secretary determines is 
appropriate.''
    (b) Section 30118 is amended by striking the second sentence of 
subsection (d).
    (c) Section 30120(i)(1) is amended by inserting ``(including 
retailers of motor vehicle equipment)'' after ``dealer'' the first time 
it appears.
    (d) Section 30123 is amended by striking subsections (a), (b), and 
(c) and by redesignating subsections (d), (e), and (f) as (a), (b), and 
(c), respectively.
    (e) Section 30127(g)(1) is amended by striking ``every 6 months'' 
and inserting ``biennially''.
    (f) Chapter 301 is amended by adding at the end the following new 
section:
Sec. 30148. International motor vehicle safety outreach
    (a) Activities.--The Secretary is authorized, in consultation with 
the Secretaries of State and Commerce where appropriate, to engage in 
activities that improve worldwide motor vehicle safety through 
appropriate activities. Such activities may include--
            ``(1) promoting the adoption of international and national 
        vehicle standards that are harmonized with, functionally 
        equivalent to, or compatible with United States vehicle 
        standards;
            ``(2) participating in efforts to foster an international 
        acceptance of globally harmonized and/or functionally 
        equivalent or compatible motor vehicle regulations and 
        standards to otherwise improve international highway and motor 
        vehicle safety;
            ``(3) promoting international cooperative programs for 
        conducting research, development, demonstration projects, 
        training, and other forms of technology transfer and exchange, 
        including safety conferences, seminars, and/or expositions to 
        enhance international motor vehicle safety; and
            ``(4) providing technical assistance to other countries 
        relating to their adoption of United States vehicle regulations 
        or standards functionally equivalent to United States vehicle 
        standards.
    ``(b) Cooperation.--The Secretary may carry out the authority 
granted by this section, in cooperation with appropriate United States 
government agencies, any State or local agency, and any authority, 
association, institution, corporation (profit or nonprofit), foreign 
government, multinational institution, or any other organization or 
person.
    ``(c) Consideration.--When engaging in activities to improve 
worldwide motor vehicle safety, the Secretary shall ensure that these 
activities maintain or improve the level of safety of motor vehicles 
and motor vehicle equipment sold in the United States.''

SEC. 9003. AMENDMENTS TO CHAPTER 323 (CONSUMER INFORMATION).

    (a) Section 32302 is amended by striking subsection (c).
    (b) Section 32303 is repealed.

SEC. 9004. AMENDMENT TO CHAPTER 329 (AUTOMOBILE FUEL ECONOMY).

    Section 32907(a)(2) is amended to read as follows:
            ``(2) A manufacturer shall submit a report under paragraph 
        (1) of this subsection during the 30 days before the beginning 
        of each model year.''

SEC. 9005. AMENDMENTS TO CHAPTER 331 (THEFT PREVENTION).

    (a) Section 33104(a)(6) is repealed.
    (b) Section 33112 is repealed.

SEC. 9006. TITLING AND CONTROL OF SEVERELY DAMAGED PASSENGER MOTOR 
              VEHICLES.

    (a) In General.--Part A of subtitle VI is amended by adding after 
chapter 305 the following new chapter:

``CHAPTER 307--TITLING AND CONTROL OF SEVERELY DAMAGED PASSENGER MOTOR 
                                VEHICLES

``Sec.
``30701. Definitions.
``30702. Titling disclosure requirements on the transfer of passenger 
                            motor vehicles; duplicate titles.
``30703. Requirements for a salvage title and a nonrepairable motor 
                            vehicle certificate and their cancellation.
``30704. Requirements for titling rebuilt salvage passenger motor 
                            vehicles.
``30705. Inspection criteria for rebuilt salvage passenger motor 
                            vehicles.
``30706. Prohibited acts.
``30707. Penalties and enforcement.
``30708. Civil actions by private persons.
``30709. Relationship to State law.
``Sec. 30701. Definitions
    ``In this chapter--
            ``(1) `flood motor vehicle' means a motor vehicle that has 
        been submerged in water to the point that rising water has 
        reached over its door sill or has entered its passenger or 
        trunk compartment.
            ``(2) `flood motor vehicle title' means a certificate of 
        title issued by a State to the owner of a flood motor vehicle.
            ``(3) `junk motor vehicle' has the meaning given that term 
        in section 30501(4) of this title.
            ``(4) `leased motor vehicle' has the meaning given that 
        term in section 32702(4) of this title.
            ``(5) `motor vehicle' has the meaning given that term in 
        section 32101(7) of this title.
            ``(6) `nonrepairable motor vehicle' means a motor vehicle 
        that shall not be titled due to--
                    ``(A) inability to operate safely on streets, 
                roads, and highways;
                    ``(B) having no value except as a source of parts 
                or scrap; or
                    ``(C) having been irrevocably designated as a 
                source of parts or scrap by its owner.
            ``(7) `nonrepairable motor vehicle certificate' means a 
        certificate of title that--
                    ``(A) is issued by a State to the owner of a 
                nonrepairable motor vehicle; and
                    ``(B) may only be used twice for the transfer of 
                ownership.
            ``(8) `rebuilt salvage motor vehicle' means a motor vehicle 
        that--
                    ``(A) was issued a salvage title;
                    ``(B) has passed State inspections to ensure that 
                it was rebuilt to required standards;
                    ``(C) was issued a State certificate indicating 
                that it has passed State inspections; and
                    ``(D) has a permanent, easily identified brand 
                stating `Rebuilt Salvage Motor Vehicle--Inspections 
                Passed' fixed to the driver's door jamb.
            ``(9) `rebuilt salvage title' means a certificate of title 
        issued by a State to the owner of a rebuilt salvage motor 
        vehicle.
            ``(10) `salvage motor vehicle' means a motor vehicle that 
        is--
                    ``(A) wrecked, destroyed, or damaged, to the extent 
                that the total estimated cost of parts and labor to 
                rebuild or reconstruct the motor vehicle to its 
                preaccident condition and for legal operation on the 
                roads or highways exceeds 75 percent of the retail 
                value of the motor vehicle prior to its having been 
                wrecked, destroyed, or damaged; or
                    ``(B) acquired by an insurance carrier pursuant to 
                a damage settlement.
            ``(11) `salvage title' means a certificate of title issued 
        by a State to the owner of a salvage motor vehicle.
            ``(12) `severely damaged motor vehicle' means a motor 
        vehicle that is defined as `salvage', `nonrepairable', or 
        `flood'.
            ``(13) `transfer' has the meaning given that term in 
        section 32702(8).
``Sec. 30702. Titling disclosure requirements on the transfer of 
              passenger motor vehicles; duplicate titles
    ``(a)(1) When the ownership of a passenger motor vehicle is 
transferred, the State in which the transfer takes place shall 
disclose, by conspicuously marking on the certificate of title, from 
records readily accessible to it--
            ``(A) if the motor vehicle was previously issued a 
        certificate of title or a nonrepairable motor vehicle 
        certificate that bore a word or symbol signifying that the 
        motor vehicle was `junk', `salvage', `rebuilt salvage', 
        `nonrepairable', `flood', or any other word or symbol 
        signifying damage, and
            ``(B) the State that first issued such a certificate of 
        title.
    ``(2) The Secretary shall require, by rule, as soon as practicable 
after the enactment of this chapter, the manner in which, and the date 
by which, a State shall disclose on subsequent certificates of title, 
including a duplicate or replacement, the information described in 
paragraph (a)(1), and the manner in which such information shall be 
retained by a State, to ensure an orderly transition to the National 
Motor Vehicle Title Information System established under chapter 305 of 
this title.
    ``(b)(1) Before a duplicate or replacement certificate of title for 
a passenger motor vehicle is issued, a State shall implement procedures 
that--
            ``(A) prohibit over-the-counter issuance of a duplicate or 
        replacement certificate of title to anyone other than the owner 
        of the motor vehicle; and
            ``(B) require the duplicate or replacement certificate of 
        title to be mailed to a requested address, when a power of 
        attorney is exercised, and a notification of this action sent 
        to the owner of the motor vehicle.
    ``(2) When a duplicate or replacement certificate of title for a 
passenger motor vehicle is issued, the State that issues it shall 
conspicuously mark it with the word `DUPLICATE' on its face.
    ``(3) The Secretary shall require, by rule, as soon as practicable 
after the enactment of this chapter, the manner in which, and the date 
by which, a State shall mark duplicate or replacement certificates of 
title for passenger motor vehicles with the information described in 
this subsection, and the manner in which such information shall be 
retained by a State, to ensure an orderly transition to the National 
Motor Vehicle Title Information System established under chapter 305 of 
this title.
``Sec. 30703. Requirements for a salvage title and a nonrepairable 
              motor vehicle certificate and their cancellation
    ``(a) Insurance Carrier Actions.--(1) When the ownership of a 
severely damaged passenger motor vehicle is transferred to an insurance 
carrier, pursuant to a damage settlement, and the damage to the motor 
vehicle requires that is be titled either as a salvage motor vehicle or 
a nonrepairable motor vehicle, the insurance carrier shall apply to the 
State in which the transfer takes place, within 15 days of the date of 
the transfer (with all liens released), for a salvage title or a 
nonrepairable motor vehicle certificate.
    ``(2) If the ownership of a severely damaged passenger motor 
vehicle is not transferred to an insurance carrier, pursuant to a 
damage settlement, and the damage to the motor vehicle requires that it 
be titled either as a salvage motor vehicle or a nonrepairable motor 
vehicle, the insurance carrier shall provide written notification to 
the owner: (i) of the owner's obligation to apply for a salvage title 
or a nonrepairable motor vehicle certificate and also notify the 
State's office for titling motor vehicles that a salvage title or a 
nonrepairable motor vehicle certificate must be issued for the motor 
vehicle; or (ii) that the insurance carrier will withhold any payment 
on the damage settlement until the owner applies for a salvage title or 
a nonrepairable motor vehicle certificate.
    ``(b) Owner Actions.--When an insurance carrier is not involved in 
a damage settlement regarding a passenger motor vehicle that is damaged 
severely to the extent that it must be titled either as a salvage motor 
vehicle or a nonrepairable motor vehicle, or a person becomes the owner 
of such a motor vehicle, the owner shall, before the motor vehicle is 
repaired or its ownership is further transferred, apply for a salvage 
title or a nonrepairable motor vehicle certificate, no later than 30 
days after the date of the damage or its transfer, as appropriate.
    ``(c) Lessee and Lessor Actions.--(1) For a leased passenger motor 
vehicle, the lessee shall give a written notification to the lessor 
when the motor vehicle is severely damaged.
    ``(2) If the leased passenger motor vehicle has been severely 
damaged so that it must be titled either as a salvage motor vehicle or 
a nonrepairable motor vehicle, the lessor shall apply for a salvage 
title or nonrepairable motor vehicle certificate within 15 days after 
receiving the lessee's notification of the damage.
    ``(d) Surrender and Cancellation of Titles and Nonrepairable Motor 
Vehicle Certificates.--When a passenger motor vehicle is destroyed by 
flattening, baling, shredding, or other means, no later than 30 days 
after the date of its destruction the motor vehicle's owner shall 
surrender its title or nonrepairable motor vehicle certificate to the 
State that issued it for permanent cancellation.
    ``(e) Regulations.--The Secretary of Transportation shall prescribe 
regulations to implement this section as soon as practicable after the 
enactment of this chapter.
``Sec. 30704. Requirements for titling rebuilt salvage passenger motor 
              vehicles
    ``Under regulations prescribed by the Secretary of Transportation, 
a passenger motor vehicle for which a salvage title has been issued may 
not be licensed for used in a State unless the State issues a rebuilt 
salvage title for it, indicating that--
            ``(1) the passenger motor vehicle has met State inspection 
        standards established in accordance with regulations prescribed 
        by the Secretary, pursuant to section 30705, and that a 
        certificate of inspection that records this compliance on its 
        face has been issued to the motor vehicle's owner; and
            ``(2) the passenger motor vehicle's door jamb on the 
        driver's side has secured on it a permanent label, stating 
        `Rebuilt Salvage Motor Vehicle--Inspections Passed', affixed by 
        an inspection official of the State.
``Sec. 30705. Inspection criteria for rebuilt salvage passenger motor 
              vehicles
    ``(a) Antitheft Inspection.--(1) The Secretary of Transportation 
shall, as soon as practicable after the enactment of this chapter, 
establish standards and procedures for the anti-theft inspection of 
rebuilt salvage passenger motor vehicles by State inspection systems, 
including the training of inspectors and equipment standards, to deter 
the use of stolen parts in the rebuilding and repair of salvage motor 
vehicles.
    ``(2) The standards and procedures shall include requirements 
directing that the passenger motor vehicle's owner submit--
            ``(A) the salvage title for the motor vehicle;
            ``(B) a declaration of the damages to the motor vehicle and 
        the replacement parts used in its repair, prior to its being 
        repaired, as evidenced by bills of sale, invoices, or if such 
        documents are not available, other proofs of ownership; and
            ``(C) an affirmation that the information in paragraph 
        (2)(B) is complete and accurate and, to the owner's knowledge, 
        no stolen parts were used to rebuild and repair it.
    ``(3) The standards and procedures shall include requirements 
directing that the State inspection system seize as contraband a 
passenger motor vehicle, a major part, or a major replacement part, 
required to be marked in accordance with chapter 331 of this title, but 
which has had its mark or vehicle identification number illegally 
altered, defaced, or falsified, and cannot be identified as having been 
obtained legally, as evidenced by bills of sale, invoices, or other 
ownership documents.
    ``(4) The Secretary shall coordinate with the Attorney General in 
carrying out the Secretary's duties under this subsection.
    ``(b) Safety Inspection.--The Secretary shall, as soon as 
practicable after the enactment of this chapter, establish standards 
and procedures for the safety inspection of rebuilt salvage passenger 
motor vehicles by State inspection systems, including the training of 
inspectors and equipment standards, in order to reduce death and 
injuries attributable to failure or inadequate performance of rebuilt 
salvage passenger motor vehicle systems.
    ``(c) Fees.--State inspections established and operated pursuant to 
this section shall be self-sufficient, paid for by user fees collected 
and retained by the States.
``Sec. 30706. Prohibited acts
    ``A person may not--
            ``(1) with intent to defraud, alter a certificate of title, 
        including a duplicate or a replacement;
            ``(2) with intent to defraud, make or cause to be made any 
        false statement on an application for a certificate of title, 
        including a duplicate or a replacement;
            ``(3) fail to apply, within the prescribed time and manner, 
        for either a salvage title or a nonrepairable motor vehicle 
        certificate for a passenger motor vehicle when such an 
        application is required;
            ``(4) fail to provide any written notification when such 
        written notification is required;
            ``(5) fail to surrender a certificate of title or 
        nonrepairable motor vehicle certificate when such surrender is 
        required;
            ``(6) alter, forge, or counterfeit a certificate of title, 
        a certificate of inspection recording compliance with a State's 
        inspection criteria for a rebuilt salvage passenger motor 
        vehicle, or a State's permanent label, stating `Rebuilt Salvage 
        Motor Vehicle--Inspections Passed';
            ``(7) falsify the results of, or provide false information 
        in the course of, any inspection conducted pursuant to section 
        30705;
            ``(8) operate or introduce into commerce a salvage motor 
        vehicle or a nonrepairable motor vehicle as a rebuilt salvage 
        passenger motor vehicle;
            ``(9) conspire to violate this section or sections 30703, 
        30704, or 30705 of this chapter; or
            ``(10) fail to comply with applicable regulations 
        prescribed the Secretary in carrying out this chapter.
``Sec. 30707. Penalties and enforcement
    ``(a) Civil Penalty.--(1) A person that violates this chapter or a 
regulation prescribed or an order issued under this chapter is liable 
to the United States Government for a civil penalty of not more than 
$2,000 for each violation. A separate violation occurs for each motor 
vehicle involved. The maximum penalty under this subsection for a 
related series of violations is $100,000.
    ``(2) The Secretary of Transportation may impose a civil penalty 
under this subsection. The Attorney General may bring a civil action to 
collect the penalty. Before referring a penalty claim to the Attorney 
General, the Secretary may compromise the amount of the penalty. Before 
compromising the amount of the penalty, the Secretary shall give the 
person charged with a violation an opportunity to establish that the 
violation did not occur.
    ``(3) In determining the amount of the penalty, the Secretary shall 
consider--
            ``(A) the nature, circumstances, extent, and gravity of the 
        violation;
            ``(B) with respect to the violator, the degree of 
        culpability, any history of prior violations, the ability to 
        pay, and any effect on the ability to continue doing business; 
        and
            ``(C) other matters that justice requires.
    ``(b) Criminal Penalty.--A person that knowingly and willfully 
violates this chapter or a regulation prescribed or an order issued 
under this chapter shall be fined under title 18, United States Code, 
imprisoned for not more than 3 years, or both. If the person is a 
corporation, the penalties of this subsection also apply to a director, 
officer, or individual agent of a corporation who knowingly and 
willfully authorizes, orders, or performs an act in violation of this 
chapter or a regulation prescribed or order issued under this chapter 
without regard to penalties imposed on the corporation.
    ``(c) Civil Action by Attorney General.--The Attorney General may 
bring a civil action to enjoin a violation of this chapter or a 
regulation prescribed or an order issued under this chapter. The action 
may be brought in the United States district court for the judicial 
district in which the violation occurred or the defendant is found, 
resides, or does business. Process in the action may be served in any 
other judicial district in which the defendant resides or is found. A 
subpoena for a witness in the action may be served in any judicial 
district.
    ``(d) Civil Actions by States.--(1) When a person violates this 
chapter or a regulation prescribed or an order issued under this 
chapter, the chief law enforcement officer of the State in which the 
violation occurs may bring a civil action--
            ``(A) to enjoin the violation; or
            ``(B) to recover amounts for which the person is liable 
        under this section for each person on whose behalf the action 
        is brought.
    ``(2) An action under this subsection may be brought in an 
appropriate United States district court or in a State court of 
competent jurisdiction. The action must be brought not later than 2 
years after the claim accrues.
``Sec. 30708. Civil actions by private persons
    ``(a) Violation and Amount of Damages.--A person that violates this 
chapter or a regulation prescribed or an order issued under this 
chapter, with intent to defraud, is liable for three times the actual 
damages or $1,500, whichever is greater.
    ``(b) Civil Actions.--A person may bring a civil action to enforce 
a claim under this section in an appropriate United States district 
court or in another court of competent jurisdiction. The action must be 
brought not later than 2 years after the claim accrues. The court shall 
award costs and a reasonable attorney's fee to the person when a 
judgment is entered for that person.
``Sec. 30709. Relationship to State law
    ``Except to the extent that State law is inconsistent with this 
chapter and its implementing regulations, this chapter does not--
            ``(1) set forth the form of a State certificate of title;
            ``(2) affect a State law on titling, recordkeeping, 
        inspection, or titling control procedures in connection with 
        any passenger motor vehicle with intent to defraud; or
            ``(3) exempt a person from complying with that law.''.
    (b) Conforming and Technical Amendments.--
            (1) Chapter 305 is amended by striking ``automobile'', 
        ``automobiles'', and ``an automobile'' wherever they appear and 
        substituting in their place ``passenger motor vehicle'', 
        ``passenger motor vehicles'', and ``a passenger motor vehicle'' 
        as appropriate, including upper and lower case letters as 
        appropriate.
            (2) In section 30501, the matter before clause (1) is 
        amended to read as follows: ``In this chapter and in chapter 
        307--''.
            (3) Section 30501 is amended by--
                    (A) revising paragraph (1) to read as follows:
            ``(1) `motor vehicle' means a vehicle driven or drawn by 
        mechanical power and manufactured primarily for use on public 
        streets, roads, and highways, but does not include a vehicle 
        operated only on a rail line.'';
                    (B) striking paragraph (7), renumbering paragraphs 
                (6), (8), and (9) as paragraphs (7), (10), and (11), 
                and adding new paragraphs (6), (8), and (9) to read as 
                follows:
            ``(6) `multipurpose passenger vehicle' means a passenger 
        motor vehicle constructed on a truck chassis or with special 
        features for occasional off-road operation.
            ``(8) `passenger motor vehicle' means a motor vehicle with 
        motive power designed to carry not more than 12 people, but 
        does not include a motorcycle or a truck not designed primarily 
        to carry its operator or passengers, except that it includes a 
        multipurpose passenger vehicle or light duty truck when that 
        vehicle or truck is rated at not more than 8,500 pounds gross 
        vehicle weight.
            ``(9) `salvage motor vehicle' means a motor vehicle that 
        is--
                    ``(A) wrecked, destroyed, or damaged, to the extent 
                that the total estimated cost of parts and labor to 
                rebuild or reconstruct the motor vehicle to its pre-
                accident condition and for legal operation on the roads 
                or highways exceeds 75 percent of the retail value of 
                the motor vehicle prior to its having been wrecked, 
                destroyed, or damaged; or
                    ``(B) acquired by an insurance carrier pursuant to 
                a damage settlement.''
            (4) In section 33101, the matter before clause (1) is 
        amended to read as follows:
    ``In this chapter, and in chapters 305 and 307--''.
            (5) The analysis for part A of subtitle VI is amended by 
        inserting a new chapter 307 as follows:

``307. TITLING AND CONTROL OF SEVERELY DAMAGED PASSENGER MOTOR 
                            VEHICLES''.

              TITLE X--HAZARDOUS MATERIALS REAUTHORIZATION

SEC. 10001. SHORT TITLE.

    This title may be cited as the ``Hazardous Materials Transportation 
Safety Reauthorization Act of 1997''.

SEC. 10002. DEFINITIONS.

    Section 5102 is amended--
            (1) by revising paragraph (1) to read as follows:
            ``(1) `commerce' means trade or transportation in the 
        jurisdiction of the United States--
                    ``(A) between a place in a State and a place 
                outside of the State;
                    ``(B) that affects trade or transportation between 
                a place in a State and a place outside of the State; or
                    ``(C) on a United States-registered aircraft.'';
            (2) by revising paragraph (3) to read as follows:
            ``(3) `hazmat employee' means an individual who--
                    ``(A) is--
                            ``(i) employed by a hazmat employer,
                            ``(ii) self-employed, or
                            ``(iii) an owner-operator of a motor 
                        vehicle; and
                    ``(B) during the course of employment--
                            ``(i) loads, unloads, or handles hazardous 
                        material;
                            ``(ii) manufactures, reconditions, or tests 
                        containers, drums, or other packagings 
                        represented as qualified for use in 
                        transporting hazardous material;
                            ``(iii) performs any function pertaining to 
                        the offering of hazardous material for 
                        transportation;
                            ``(iv) is responsible for the safety of 
                        transporting hazardous material; or
                            ``(v) operates a vehicle used to transport 
                        hazardous material.'';
            (3) by revising paragraph (4) to read as follows:
            ``(4) `hazmat employer' means a person who--
                    ``(A) either--
                            ``(i) is self-employed,
                            ``(ii) is an owner-operator of a motor 
                        vehicle, or
                            ``(iii) has at least one employee; and
                    ``(B) performs a function, or uses at least one 
                employee, in connection with--
                            ``(i) transporting hazardous material in 
                        commerce;
                            ``(ii) causing hazardous material to be 
                        transported in commerce, or
                            ``(iii) manufacturing, reconditioning, or 
                        testing containers, drums, or other packagings 
                        represented as qualified for use in 
                        transporting hazardous material.'';
            (4) by revising paragraph (7) to add after the word 
        ``title'' the words ``, except that a freight forwarder is 
        included only if performing a function related to highway 
        transportation'';
            (5) by renumbering paragraphs (9) through (13) as 
        paragraphs (12) through (16);
            (6) by adding the following after paragraph (8):
            ``(9) `out-of-service order' means a mandate that an 
        aircraft, vessel, motor vehicle, train, other vehicle, or a 
        part of any of these, not be moved until specified conditions 
        have been met.
            ``(10) `package' or `outside package' means a packaging 
        plus its contents.
            ``(11) `packaging' means a receptacle and any other 
        components or materials necessary for the receptacle to perform 
        its containment function in conformance with the minimum 
        packaging requirements established by the Secretary of 
        Transportation.''; and
            (7) by revising paragraph (12)(A), as renumbered, to strike 
        the words ``or transporting'' and insert ``, transporting'', 
        and to insert after the word ``enterprise'' the words ``, or 
        manufacturing, reconditioning, or testing containers, drums, or 
        other packagings represented as qualified for use in 
        transporting hazardous material''.

SEC. 10003. HANDLING CRITERIA REPEAL.

    Title 49 is amended by striking and reserving section 5106 and the 
reference to the section in the analysis of chapter 51.

SEC. 10004. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

    Section 5107(f)(2) is amended to strike the words ``and sections 
5106, 5108 (a)-(g)(1) and (h), and'' and insert the words ``or sections 
5108 (c)-(g)(1) and (h), or''.

SEC. 10005. REGISTRATION.

    Section 5108 is amended--
            (1) by revising subsection (b)(1)(C) to read as follows:
                    ``(C) each State in which the person carries out 
                any of the activities.'';
            (2) by revising subsection (c) to read as follows:
    ``(c) Filing Schedule.--Each person required to file a registration 
statement under subsection (a) of this section shall file that 
statement annually in accordance with regulations issued by the 
Secretary.'';
            (3) in subsection (f), by striking ``552(f)'' and inserting 
        ``552(b)''; and
            (4) in subsection (g)(1), by striking ``may'' and inserting 
        ``shall''.

SEC. 10006. HIGHWAY TRANSPORTATION OF HAZARDOUS MATERIALS.

    (a) Motor Carrier Safety Permits.--Title 49 is amended by striking 
and reserving section 5109.
    (b) Hazardous Materials Pilot Program.--
            (1) General.--The Secretary of Transportation shall 
        implement a pilot program to evaluate the use of automated 
        carrier assessment programs for carriers of certain hazardous 
        materials.
            (2) Hazardous materials covered.--The Secretary shall 
        determine the hazardous materials to be covered by the pilot 
        program. The Secretary may limit materials to--
                    (A) class 1.1, 1.2, or 1.3 explosives;
                    (B) liquefied natural gas;
                    (C) hazardous materials the Secretary designates as 
                extremely toxic by inhalation;
                    (D) a highway route controlled quantity of 
                radioactive material, as defined by the Secretary; or
                    (E) any other hazardous material designated by the 
                Secretary under section 5103(a) of this title.
    (c) Conforming Amendment.--The analysis for chapter 51 of this 
title is amended by striking the item relating to section 5109.

SEC. 10007. SHIPPING PAPER RETENTION.

    Section 5110 is amended by revising the first sentence of 
subsection (e) to read as follows:
    ``(e) Retention of Shipping Papers.--After expiration of the 
requirement in subsection (c) of this section, the person who provided 
the shipping paper and the carrier required to maintain it under 
subsection (a) of this section shall retain the paper or an electronic 
image thereof, for a period of 1 year after the shipping paper was 
provided to the carrier, to be accessible through their respective 
principal places of business.''.

SEC. 10008. PUBLIC SECTOR TRAINING CURRICULUM.

    (a) The catchline for section 5115(a) is amended by striking 
``Development and''.
    (b) Section 5115(a) is amended by striking ``Not later than 
November 16, 1992, in'' and ``develop and'' in the first sentence, 
inserting the word ``In'' before the word ``coordination'' in the first 
sentence, and deleting the second sentence.
    (c) Section 5115(b) is amended by striking ``developed'' in the 
first sentence and revising paragraphs (b)(1) (A) and (B) by inserting 
the words ``or involving an alternative fuel vehicle'' after the word 
``material''.
    (d) Section 5115(d) is amended by striking all after ``national 
response team'' and before ``the Secretary of Transportation'', and 
substituting ``,'', and by striking ``uses'' and substituting ``use''.

SEC. 10009. PLANNING AND TRAINING GRANTS.

    Section 5116 is amended--
            (1) by revising subsection (e) to strike the word ``of'' in 
        the second sentence and insert the words ``received by'';
            (2) by revising subsection (f) to read as follows:
    ``(f) Monitoring and Technical Assistance.--The Secretary of 
Transportation shall monitor public sector emergency response planning 
and training for an accident or incident involving hazardous material. 
Considering the results of the monitoring, the Secretary shall provide 
technical assistance to a State, political subdivision of a State, or 
Indian tribe for carrying out emergency response training and planning 
for an accident or incident involving hazardous material and shall 
coordinate the assistance using the existing coordinating mechanisms of 
the National Response Team for Oil and Hazardous Substances and, for 
radioactive material, the Federal Radiological Preparedness 
Coordinating Committee.''; and
            (3) by adding a new subsection (l) to read as follows:
    ``(l) Small Businesses.--The Secretary may authorize a State or 
Indian tribe receiving a grant under this section to use up to 25 
percent of the amount of the grant to assist small businesses in 
complying with regulations issued under this chapter.''.

SEC. 10010. SPECIAL PERMITS AND EXCLUSIONS.

    (a) The heading of section 5117 is revised to read as follows:
``Sec. 5117. Special permits and exclusions''.
    (b) Section 5117 is amended by striking the word ``exemption'' each 
time it appears and replacing it with the words ``special permit'', and 
by inserting the words ``authorizing variances'' after ``special 
permit'' the first time it appears.
    (c) Section 5117(a)(2) is amended by striking ``2'' and inserting 
``4''.
    (d) In the analysis of chapter 51, the item designated ``5117'' is 
amended by striking ``Exemptions'' and substituting ``Special 
permits''.

SEC. 10011. ADMINISTRATION.

    Title 49 is amended by redesignating sections 5122 (a) and (b) as 
sections 5122 (f) and (g); redesignating sections 5121 (a), (b), and 
(c) as sections 5122 (a), (b), and (c); and redesignating sections 5121 
(d) and (e) as sections 5121 (a) and (b).

SEC. 10012. COOPERATIVE AGREEMENTS.

    Section 5121 is further amended by adding a new section (c) to read 
as follows:
    ``(c) Authority for Cooperative Agreements.--To carry out this 
chapter, the Secretary may enter into grants, cooperative agreements, 
and other transactions with a person, agency or instrumentality of the 
United States, a unit of State or local government, an Indian tribe, a 
foreign government (in coordination with the State Department), an 
educational institution, or other entity to further the objectives of 
this chapter. The objectives of this chapter include the conduct of 
research, development, demonstration, risk assessment, emergency 
response planning and training activities.''.

SEC. 10013. ENFORCEMENT.

    Section 5122 is further amended--
            (1) in subsection (a), as redesignated, by inserting 
        ``inspect,'' after the word ``may'' in the first sentence, and 
        revising the last sentence to read: ``Except as provided in 
        subsection (e) of this section, the Secretary shall provide 
        notice and an opportunity for a hearing prior to issuing an 
        order requiring compliance with this chapter or a regulation, 
order, special permit, or approval issued under this chapter.''; and
            (2) by adding new subsections (d) and (e) to read as 
        follows:
    ``(d) Other Authority.--During inspections and investigations, 
officers, employees, or agents of the Secretary may--
            ``(1) open and examine the contents of a package offered 
        for, or in, transportation when--
                    ``(A) the package is marked, labeled, certified, 
                placarded, or otherwise represented as containing a 
                hazardous material, or
                    ``(B) there is an objectively reasonable and 
                articulable belief that the package may contain a 
                hazardous material;
            ``(2) take a sample, sufficient for analysis, of material 
        marked or represented as a hazardous material or for which 
        there is an objectively reasonable and articulable belief that 
        the material may be a hazardous material, and analyze that 
        material;
            ``(3) when there is an objectively reasonable and 
        articulable belief that an imminent hazard may exist, prevent 
        the further transportation of the material until the hazardous 
        qualities of that material have been determined; and
            ``(4) when safety might otherwise be compromised, authorize 
        properly qualified personnel to conduct the examination, 
        sampling, or analysis of a material.
    ``(e) Emergency Orders.--(1) If, through testing, inspection, 
investigation, or research carried out under this chapter, the 
Secretary decides that an unsafe condition or practice, or a 
combination of them, causes an emergency situation involving a hazard 
of death, personal injury, or significant harm to the environment, the 
Secretary may immediately issue or impose restrictions, prohibitions, 
recalls, or out-of-service orders, without notice or the opportunity 
for a hearing, that may be necessary to abate the situation.
    ``(2) The Secretary's action under this subsection must be in a 
written order describing the condition or practice, or combination of 
them, that causes the emergency situation; stating the restrictions, 
prohibitions, recalls, or out-of-service orders being issued or 
imposed; and prescribing standards and procedures for obtaining relief 
from the order.
    ``(3) After taking action under this subsection, the Secretary 
shall provide an opportunity for review of that action under section 
554 of title 5.
    ``(4) If a petition for review is filed and the review is not 
completed by the end of the 30-day period beginning on the date the 
petition was filed, the action will cease to be effective at the end of 
that period unless the Secretary determines in writing that the 
emergency situation still exists.''.

SEC. 10014. PENALTIES.

    (a) Section 5123(a)(1) is amended by revising the first sentence to 
read as follows: ``A person that knowingly violates this chapter or a 
regulation, order, special permit, or approval issued under this 
chapter is liable to the United States Government for a civil penalty 
of at least $250 but not more than $27,500 for each violation.''.
    (b) Section 5123(c)(2) is amended to read as follows:
            ``(2) with respect to the violator, the degree of 
        culpability, any good-faith efforts to comply with the 
        applicable requirements, any history of prior violations, any 
        economic benefit resulting from the violation, the ability to 
        pay, and any effect on the ability to continue to do business; 
        and''.
    (c) Section 5124 is amended to read as follows:
``Sec. 5124. Criminal penalty
    ``(a) General.--A person knowingly violating section 5104(b) of 
this title or willfully violating this chapter or a regulation, order, 
special permit, or approval issued under this chapter, shall be fined 
under title 18, imprisoned for not more than 5 years, or both.
    ``(b) Aggravated Violations.--A person knowingly violating section 
5104(b) of this title or willfully violating this chapter or a 
regulation, order, special permit, or approval issued under this 
chapter, and thereby causing the release of a hazardous material, shall 
be fined under title 18, imprisoned for not more than 20 years, or 
both.''.

SEC. 10015. PREEMPTION.

    Section 5125(b)(2) is amended by striking ``after November 16, 
1990'' at the end of the second sentence.

SEC. 10016. JUDICIAL REVIEW.

    (a) Title 49 is amended by redesignating section 5127 as section 
5128, and by inserting after section 5126 the following new section:
``Sec. 5127. Judicial review
    (a) Filing and Venue.--Except as provided in section 20114(c) of 
this title, a person disclosing a substantial interest in a final order 
issued, under the authority of section 5122 or 5123 of this title, by 
the Secretary of Transportation, the Administrators of the Research and 
Special Programs Administration, the Federal Aviation Administration, 
or the Federal Highway Administration, or the Commandant of the United 
States Coast Guard (``modal Administrator''), with respect to the 
duties and powers designated to be carried out by the Secretary under 
this chapter, may apply for review in the United States Court of 
Appeals for the District of Columbia or in the court of appeals for the 
United States for the circuit in which the person resides or has its 
principal place of business. The petition must be filed not more than 
60 days after the order is issued. The court may allow the petition to 
be filed after the 60th day only if there are reasonable grounds for 
not filing by the 60th day.
    ``(b) Judicial Procedures.--When a petition is filed under 
subsection (a) of this section, the clerk of the court immediately 
shall send a copy of the petition to the Secretary or the modal 
Administrator, as appropriate. The Secretary or the modal Administrator 
shall file with the court a record of any proceeding in which the order 
was issued, as provided in section 2112 of title 28.
    ``(c) Authority of Court.--When the petition is sent to the 
Secretary or the modal Administrator, the court has exclusive 
jurisdiction to affirm, amend, modify, or set aside any part of the 
order and may order the Secretary or the modal Administrator to conduct 
further proceedings. After reasonable notice to the Secretary or the 
modal Administrator, the court may grant interim relief by staying the 
order or taking other appropriate action when good cause for its action 
exists. Findings of fact by the Secretary or the modal Administrator, 
if supported by substantial evidence, are conclusive.
    ``(d) Requirement for Prior Objection.--In reviewing a final order 
under this section, the court may consider an objection to a final 
order of the Secretary or the modal Administrator only if the objection 
was made in the course of a proceeding or review conducted by the 
Secretary, the modal Administrator, or an administrative law judge, or 
if there was a reasonable ground for not making the objection in the 
proceeding.
    ``(e) Supreme Court Review.--A decision by a court under this 
section may be reviewed only by the Supreme Court under section 1254 of 
title 28, United States Code.''.
    (b) In the analysis of chapter 51, strike the item designated 
``5127'' and substitute the following:

``5127. Judicial review.
``5128. Authorization of appropriations.''.

SEC. 10017. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128, as redesignated, is amended--
            (1) by striking subsection (e) and redesignating 
        subsections (f) and (g) as subsections (e) and (f);
            (2) by revising subsection (a) to read as follows:
    ``(a) General.--Not more than $15,492,000 may be appropriated to 
the Secretary of Transportation for fiscal year 1998, and such sums as 
may be necessary for fiscal years 1999, 2000, 2001, 2002, and 2003, to 
carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 
5115, 5116, and 5119).'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Training Curriculum.--Not more than $200,000 is available to 
the Secretary of Transportation from the account established under 
section 5116(i) of this title for each of the fiscal years ending 
September 30, 1999-2003, to carry out section 5115 of this title.'';
            (4) by amending subsection (d) to read as follows:
    ``(d) Planning and Training.--(1) Not more than $2,444,000 is 
available to the Secretary of Transportation from the account 
established under section 5116(i) of this title for the fiscal year 
ending September 30, 1998, and such sums as may be necessary for fiscal 
years 1999-2003, to carry out section 5116(a) of this title.
    ``(2) Not more than $3,666,000 is available to the Secretary of 
Transportation from the account established under section 5116(i) of 
this title for the fiscal year ending September 30, 1998, and such sums 
as may be necessary for fiscal years 1999-2003, to carry out section 
5116(b) of this title.
    ``(3) Not more than $600,000 is available to the Secretary of 
Transportation from the account established under section 5116(i) of 
this title for the fiscal year ending September 30, 1998, and such sums 
as may be necessary for fiscal years 1999-2003, to carry out section 
5116(f) of this title.''; and
            (5) by amending subsection (f), as redesignated, by 
        striking ``(c)-(e)'' and inserting ``(c) and (d)''.

                TITLE XI--UNDERGROUND DAMAGE PREVENTION

SEC. 11001. SHORT TITLE.

    This title may be cited as the ``Underground Damage Prevention Act 
of 1997''.

SEC. 11002. UNDERGROUND DAMAGE PREVENTION.

    (a) Subtitle VIII of title 49 is amended by adding a new chapter 
602 to read as follows:

              ``CHAPTER 602--UNDERGROUND DAMAGE PREVENTION

``Sec.
``60201. Definitions.
``60202. Nationwide toll-free telephone number system.
``60203. Elements of a State program.
``60204. Enforcement.
``60205. Grants to States.
``60206. Model program.
``60207. Department of Transportation role.
Sec. 60201. Definitions
    ``In this chapter--
            ``(1) `damage' means an impact or contract with an 
        underground facility, its appurtenances, or its protective 
        coating, or weakening of the support for the facility or 
        protective housing, that requires repair.
            ``(2) `excavation' means an operation in which earth, rock, 
        or other material in the ground is moved, removed, or otherwise 
        displaced by means of any mechanized tools or equipment, or any 
        explosive, but does not include--
                    ``(A) tilling of the soil for agricultural purposes 
                to a depth of 18 inches or less and other common 
                agricultural practices, as determined by each State;
                    ``(B) common lawn and garden activities, as 
                determined by each State; or
                    ``(C) the digging of a grave in a cemetery.
            ``(3) `excavator' means a person who conducts excavation.
            ``(4) `facility operator' means a person who operates an 
        underground facility.
            ``(5) `hazardous liquid' has the same meaning as in section 
        60101(a)(4) of this title.
            ``(6) `gas' has the same meaning as in section 60101(a)(2) 
        of this title.
            ``(7) `person' in addition to its meaning under section 1 
        of title 1, includes any agency of Federal, State, or local 
        government.
            ``(8) `State' has the same meaning as in section 
        60101(a)(20) of this title.
            ``(9) `State program' means the program of a State to 
        establish or maintain a comprehensive statewide one-call 
        notification program to protect all underground facilities from 
        damage due to excavation that contains each element described 
        in section 60204 of this title.
            ``(10) `underground facility' means an underground line, 
        system, or structure used for gathering, storing, transmitting, 
        or distributing hazardous liquids, gas, communication, 
        electricity, water, steam, sewage, or other commodities the 
        Secretary of Transportation determines should be included under 
        the requirements of this Act, but does not include a portion of 
        a line, system, or structure only used to provide services or 
        materials within real property controlled by a person with an 
        oil or gas mineral leasehold interest in that property unless 
        that portion is used for hazardous liquid or gas and is located 
        within an easement for a public road, a toll highway, bridge, 
        or tunnel (within the meaning of 23 U.S.C. 101(a) and 
        129(a)(2)) or within the boundaries of a city, town, or 
        village.
``Sec. 60202. Nationwide toll-free telephone number system
    ``The Secretary of Transportation shall, in consultation with the 
Federal Communications Commission, facility operators, excavators, and 
one-call notification system operators, consider the establishment of a 
nationwide toll-free telephone number system to be used in State one-
call notification programs.
``Sec. 60203. Elements of a State program
    ``(a) In General.--A State program shall--
            ``(1) provide for a one-call notification system that--
                    ``(A) applies to all excavators and to all facility 
                operators;
                    ``(B) operates in all areas of the State and does 
                not duplicate the geographical coverage of other one-
                call notification systems;
                    ``(C) receives and records appropriate information 
                from excavators about intended excavations;
                    ``(D) informs facility operators of any intended 
                excavations that may be in the vicinity of their 
                underground facilities; and
                    ``(E) informs excavators of the facility operators 
                who will be notified of the intended excavation;
            ``(2) provide for 24-hour coverage for emergency 
        excavation, with the manner and scope of coverage determined by 
        the State;
            ``(3) employ mechanisms to ensure that excavators and the 
        general public are aware of the one-call telephone number and 
        the requirements, sanctions, and benefits of the State program;
            ``(4) inform excavators of State damage prevention 
        procedures to be followed when excavating;
            ``(5) require that an excavator contact the one-call 
        notification system in accordance with State specifications, 
        which may vary depending on whether the excavation is short-
        term, long-term, routine, continuous, or emergency;
            ``(6) require facility operators to locate and mark or 
        otherwise identify their facilities at an excavation site, in 
        accordance with State specifications, which may vary depending 
        on whether the excavation is short-term, long-term, routine, 
        continuous, or emergency;
            ``(7) provide effective mechanisms for enforcement as 
        described in section 60205 of this title; and
            ``(8) provide for a fair and appropriate schedule of fees 
        to cover the costs of providing for, maintaining, and operating 
        the State program.
    ``(b) Exception.--A State program need not require an excavator to 
contact the one-call system if the excavation is undertaken on behalf 
of a person with an oil or gas mineral leasehold interest in real 
property who also operates all underground facilities on that property.
    ``(c) Implementation.--A State program may be provided for through 
the establishment of a new program, or through modification or 
improvement of an existing program and may be implemented, in whole or 
in part, by a nongovernmental organization, including a railroad or an 
airport authority.
``Sec. 60204. Enforcement
    ``(a) General.--Effective mechanisms for enforcement of a State 
program shall be developed by the State. The State shall consider 
inclusion of the following elements:
            ``(1) Enforcement against an excavator or facility operator 
        who violates the requirements of the State program.
            ``(2) Appropriate civil penalty sanctions administratively 
        assessed.
            ``(3) Increased penalties if a violation is substantially 
        the same as a prior violation, or if a violation results in 
        death, serious bodily harm, or actual damage to property 
        exceeding $50,000, or in the release of more than 50 barrels of 
        hazardous liquid.
            ``(4) Criminal sanctions for a knowing and willful 
        violation.
            ``(5) Lesser sanctions in case of a violation that is 
        promptly reported by the violator.
            ``(6) Equitable relief to compel compliance.
            ``(7) Procedures for issuing a citation of violation at the 
        site and time of the violation.
    ``(b) State Enforcement.--Nothing in this section limits a State in 
developing any mechanism for enforcement that the State finds 
effective.
``Sec. 60205. Grants to States
    ``(a) Authority.--The Secretary of Transportation may make grants 
to States or to operators of one-call notification systems to plan for, 
establish, or implement a State program. For the purpose of making 
these grants, there is available to the Secretary until expended from 
amounts collected under section 60301 of this title, $1,000,000 for 
fiscal year 1998, and such sums as may be necessary for fiscal years 
1999 and 2000, to the extent provided in appropriations Acts.
    ``(b) Criteria.--Grants under this section may be used to--
            ``(1) evaluate a State's damage prevention needs and to 
        plan for establishment of a qualified State program;
            ``(2) improve communications systems linking one-call 
        notification systems;
            ``(3) improve location capabilities, including training 
        personnel and developing and using location technology;
            ``(4) improve record retention and recording capabilities;
            ``(5) enhance public information and education campaigns, 
        including promotional activities;
            ``(6) develop enhanced enforcement mechanisms; and
            ``(7) otherwise further the purposes of this chapter.
    ``(c) Alternate Form of State Program.--The Secretary may make a 
grant under subsection (a) to a State that establishes or maintains a 
comprehensive statewide one-call notification program to protect all 
underground facilities from damage due to excavation that does not meet 
the requirements for a State program if the Secretary determines that 
the program is at least as protective of public safety and the 
environment as a program that has the elements described in section 
60203 of this title.
    ``(d) Progress Reports.--As a condition of receipt of a grant under 
this section, a State or an operator of a one-call notification system 
shall report to the Secretary on progress made in implementing this 
chapter. The Secretary shall prescribe the form and contents of the 
report, including available data on use of the one-call notification 
system and excavation damage.
``Sec. 60206. Model program
    ``(a) Development of Model Program.--Within 1 year after the date 
of enactment of this chapter, the Secretary of Transportation, in 
consultation with facility operators, excavators, one-call notification 
system operators, and interested government agencies, including State 
and local governments, shall develop and make available to States a 
model State one-call notification program. The Secretary may amend the 
model program from time to time.
    ``(b) Elements of Model Program.--The model program developed under 
subsection (a) shall include all elements of a State program described 
in section 60203 of this chapter. In addition, the Secretary shall 
consider incorporating the following elements into the model program:
            ``(1) Specific information that a one-call notification 
        system must receive and record from excavators;
            ``(2) length of time one-call records must be retained;
            ``(3) recommended practices on distributing information on 
        damage prevention to excavators;
            ``(4) a requirement that an excavator contact the one-call 
        notification system at least two (2) business days, and not 
        more than ten (10) business days, before excavation begins;
            ``(5) alternative notification procedures for excavation 
        activities conducted as part of ongoing operations within 
        specific geographic locations over an extended period of time;
            ``(6) guidelines for incorporating into a one-call 
        notification system alternative notification and marking 
        systems in special circumstances such as within railroad 
        rights-of-way or at airports;
            ``(7) specific reference to standards for identifying 
        underground facilities developed by the American Public Works 
        Association Uniform Color Code for Utilities and the American 
        National Standards Institute;
            ``(8) a requirement that a facility operator mark 
        underground facilities at the site of an intended excavation 
        within two (2) business days after notification;
            ``(9) a provision for notification of excavators if no 
        underground facilities are located at the excavation site;
            ``(10) procedures for excavators and facility operators 
        when the location of underground facilities is unknown;
            ``(11) practices to improve underground facility location 
        capabilities;
            ``(12) recommended procedures for emergency circumstances; 
        and
            ``(13) revocation of the license or permit to do business 
        of any excavator determined to be a habitual violator of the 
        requirements of the State program.
            ``(14) recommended procedures for protecting underground 
        facilities from intentional damage as a result of the line 
        being marked or located and from security breaches.
    ``(c) Workshops.--The Secretary shall conduct workshops with 
facility operators, excavators, one-call notification system operators, 
and interested government agencies, including State and local 
governments, in order to develop, amend, and promote the model program, 
and to provide an opportunity to share information among such parties.
    ``(d) Public Education.--The Secretary shall work with facility 
operators, excavators, one-call notification systems operators, and 
interested government agencies, including State and local governments, 
to develop public service announcements and other educational materials 
and programs to be broadcast or published to educate the public about 
one-call notification systems.
``Sec. 60207. Department of Transportation role
    ``The Secretary of Transportation shall coordinate the 
implementation of this chapter with the implementation of chapter 601 
of this title. An activity conducted by the Secretary under this 
chapter shall be deemed an activity related to gas or hazardous liquid 
under chapter 601 of this title.''.
    (b) The analysis of subtitle VIII is amended by adding a new item:

            ``CHAPTER 602--UNDERGROUND DAMAGE PREVENTION''.

SEC. 11003. TECHNICAL AMENDMENT.

    Title 49 is amended by striking and reserving section 60114, and 
striking the item for section 60114 in the analysis of chapter 601.

                TITLE XII--SANITARY FOOD TRANSPORTATION

SEC. 12001. SHORT TITLE.

    This title may be cited as the ``Sanitary Food Transportation Act 
of 1997''.

SEC. 12002. FINDINGS.

    Congress finds that--
            (1) the Department of Transportation, the Department of 
        Agriculture, and the Food and Drug Administration in the 
        Department of Health and Human Services have consulted about 
        how best to ensure that food is not adulterated as a result of 
        the conditions under which it is transported. As a result of 
        these consultations, the agencies have confirmed that steps to 
        ensure the safety of food are more efficient if taken by the 
        agencies directly charged with the responsibility for food 
        safety;
            (2) the Secretary of Agriculture has ample authority under 
        the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the 
        Poultry Products Inspection Act (21 U.S.C. 451 et seq.), and 
        the Egg Products Inspection Act (21 U.S.C. 1031 et seq.), to 
        inspect and regulate continuously the transportation of meat, 
        poultry, and eggs in commerce for use in human food, has 
        exercised the statutory authority in a diligent manner so as to 
        prevent the transportation of unwholesome or adulterated meat, 
        poultry, and egg products in commerce, and does not need 
        additional enforcement authority to regulate the transportation 
        of meat, poultry, and egg products in commerce;
            (3) certain statutory changes are necessary to provide the 
        Secretary of Health and Human Services with the authority 
        necessary to ensure that food, other than that regulated by the 
        Secretary of Agriculture, will not be rendered adulterated in 
        transportation;
            (4) the appropriate role for the Secretary of 
        Transportation is to provide assistance concerning the 
        transportation aspects of food safety; and
            (5) therefore, amendment of chapter 57 of title 49, United 
        States Code, and the transfer of certain authorities to the 
        Secretary of Health and Human Services, is appropriate.

SEC. 12003. RESPONSIBILITIES OF THE SECRETARY OF HEALTH AND HUMAN 
              SERVICES.

    (a) Unsanitary Transport Deemed Adulteration.--Section 402 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by 
adding at the end the following new subsection:
    ``(h) If it is transported under conditions that are not in 
compliance with the sanitary transportation practices prescribed by the 
Secretary under section 414.''.
    (b) Sanitary Transportation Requirements.--Chapter IV of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended 
by adding at the end the following new section:
``Sec. 414. Sanitary transportation of food
    ``(a) Sanitary Transportation Practices.--The Secretary shall 
establish by regulation sanitary transportation practices which 
shippers, carriers, receivers, and other persons engaged in the 
transportation of food shall be required to follow to ensure that the 
food is not transported under conditions that may render it 
adulterated, including such practices as the Secretary may find 
appropriate relating to--
            ``(1) sanitation;
            ``(2) packaging, isolation, and other protective measures;
            ``(3) limitations on the use of vehicles;
            ``(4) information to be disclosed--
                    ``(A) to a carrier by a person arranging for the 
                transport of food, and
                    ``(B) to a manufacturer or other persons arranging 
                for the transport of food by a carrier or other person 
                furnishing a tank or bulk vehicle for the transport of 
                food; and
            ``(5) recordkeeping.
    ``(b) List of Unacceptable Nonfood Products.--The Secretary by 
publication in the Federal Register, may establish and periodically 
amend--
            ``(1) a list of nonfood products that the Secretary 
        determines may, if shipped in a tank or bulk vehicle, render 
        adulterated food transported subsequently in such vehicle; and
            ``(2) a list of nonfood products that the Secretary 
        determines may, if shipped in a motor or rail vehicle (other 
        than a tank or bulk vehicle), render adulterated food 
        transported simultaneously or subsequently in such vehicle.
    ``(c) Waiver Authority.--
            ``(1) In general.--The Secretary may waive all or part of 
        this section, or any requirement under this section, with 
        respect to any class of persons, of vehicles, of food, or of 
        nonfood products, if the Secretary determines that such 
        waiver--
                    ``(A) will not result in the transportation of food 
                under conditions that would be unsafe for human or 
                animal health; and
                    ``(B) will not be contrary to the public interest 
                of this Act.
            ``(2) Publication.--The Secretary shall publish in the 
        Federal Register any waiver and the reasons for the waiver.
    ``(d) Preemption.--
            ``(1) In general.--No State or political subdivision of a 
        State may directly or indirectly establish or continue in 
        effect, as to any food in interest commerce, any authority or 
        requirement concerning that transportation of food that is not 
        identical to the requirement of this section.
            ``(2) Effective date.--The provisions of this subsection 
        apply only with respect to transportation occurring on or after 
        the effective date of regulations prescribed under subsection 
        (a).
    ``(e) Assistance of Other Agencies.--The Secretary of 
Transportation, the Secretary of Agriculture, the Administrator of the 
Environmental Protection Agency, and the heads of other Federal 
agencies, as appropriate, shall provide assistance upon request, to the 
extent resources are available, to the Secretary of Health and Human 
Services for the purposes of carrying out this section.
    ``(f) Definitions.--For purposes of the section--
            ``(1) The term transportation means any movement of 
        property in commerce by motor vehicle or rail vehicle.
            ``(2) The term `tank or bulk vehicle' includes any vehicle 
        in which food is shipped in bulk and in which the food comes 
        directly into contact with the vehicle, including tank trucks, 
        hopper trucks, rail tank cars, hopper cars, cargo tanks, 
        portable tanks, freight containers, or hopper bins.''.
    (c) Inspection of Transportation Records.--
            (1) Requirement.--Chapter VII of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 371 et seq.) is amended by 
        inserting after section 703 the following new section:
``Sec. 703A. Food transportation records
    ``Shippers, carriers by motor vehicle or rail vehicle, and other 
persons subject to section 414 shall, upon request of an officer or 
employee duly designated by the Secretary, permit such officer or 
employee, at reasonable times, to have access to and to copy all 
records that the Secretary requires them to make or retain under 
section 414(a)(5) of this Act.''.
            (2) Conforming amendment.--Section 703 of the Act (21 
        U.S.C. 373) is amended in the second proviso by inserting ``, 
        unless otherwise explicitly provided,'' after ``That''.
    (d) Prohibited Acts.
            (1) Records inspection.--Section 301(c) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is amended--
                    (A) by striking ``or 703'' and inserting ``, 703, 
                or 703a'', and
                    (B) by inserting ``414,'' before ``505(i)''.
            (2) Unsafe food transportation.--Section 301 of the Act (21 
        U.S.C. 331) is further amended--
                    (A) by redesignating subsection (u) as subsection 
                (v); and
                    (B) by adding at the end the following new 
                subsection:
    ``(w) The failure, by a shipper, carrier, receiver, or any other 
person engaged in the transportation of food, to comply with the 
sanitary transportation practices prescribed by the Secretary under 
section 414.''.

SEC. 12004. DEPARTMENT OF TRANSPORTATION REQUIREMENTS.

    Chapter 57 of title 49, relating to sanitary food transportation, 
is revised to read as follows:

               ``CHAPTER 57--SANITARY FOOD TRANSPORTATION

``Sec.
``5701. Findings
``5702. Food transportation safety inspections
``Sec. 5701. Findings
    ``Congress finds that--
            ``(1) the United States public is entitled to receive food 
        and other consumer products that are not made unsafe because of 
        certain transportation practices;
            ``(2) the United States public is threatened by the 
        transportation of products potentially harmful to consumers in 
        motor vehicles and rail vehicles that are used to transport 
        food and other consumer products; and
            ``(3) the risks to consumers by those transportation 
        practices are unnecessary and those practices must be ended.
``Sec. 5702. Food transportation safety inspections
    ``(a) Inspection Procedures.--(1) The Secretary of Transportation, 
in consultation with the Secretaries of Health and Human Services and 
Agriculture, shall establish procedures to be used in performing 
transportation safety inspections for the purpose of identifying 
suspected incidents of contamination or adulteration of food that may 
violate regulations issued under section 414 of title 21, United States 
Code, and shall train personnel of the Department of Transportation in 
the appropriate use of such procedures.
    ``(2) The procedures established under paragraph (1) of this 
subsection shall apply, at a minimum, to the Department of 
Transportation personnel who perform commercial motor vehicle and 
railroad safety inspections.
    ``(b) Notification of Secretaries of Health and Human Services and 
Agriculture.--The Secretary of Transportation shall promptly notify the 
Secretary of Health and Human Services or the Secretary of Agriculture, 
as applicable, of any instances of potential food contamination or 
adulteration of a food identified during transportation safety 
inspections.
    ``(c) Use of State Employees.--The means by which the Secretary of 
Transportation carries out subsection (b) of this section may include 
inspections conducted by State employees using funds authorized to be 
appropriated under sections 31102 through 31104 of this title.''.

SEC. 12005. EFFECTIVE DATE OF THE ACT.

    Unless otherwise specified, the provisions of this title are 
effective October 1, 1997.

        TITLE XIII--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM

SEC. 13001. SHORT TITLE.

    This title may be cited as the ``Transportation Anti-Terrorism Act 
of 1997''.

SEC. 13002. PURPOSE.

    The purpose of this title is to protect the passengers and 
employees of railroad carriers and mass transportation systems and the 
movement of freight by railroad from terrorist attacks.

SEC. 13003. AMENDMENTS TO THE ``WRECKING TRAINS'' STATUTE.

    (a) Section 1992 of title 18, United States Code, is amended to 
read as follows:
``Sec. 1992. Terrorist attacks against railroads
    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables any train, 
        locomotive, motor unit, or freight or passenger car used, 
        operated, or employed by a railroad carrier;
            ``(2) brings, carries, possesses, places, or causes to be 
        placed any destructive substance, or destructive device in, 
        upon, or near any train, locomotive, motor unit, or freight or 
        passenger car used, operated, or employed by a railroad 
        carrier, without previously obtaining the permission of the 
        carrier, and with intent to endanger the safety of any 
        passenger or employee of the carrier, or with a reckless 
        disregard for the safety of human life;
            ``(3) sets fire to, or places any destructive substance, or 
        destructive device in, upon, or near, or undermines any tunnel, 
        bridge, viaduct, trestle, track, signal, station, depot, 
        warehouse, terminal, or any other way, structure, property, or 
        appurtenance used in the operation of, or in support of the 
        operation of, a railroad carrier, or otherwise makes any such 
        tunnel, bridge, viaduct, trestle, track, station, depot, 
        warehouse, terminal, or any other way, structure, property, or 
        appurtenance unworkable or unusable or hazardous to work or 
        use, knowing or having reason to know such activity would 
        likely derail, disable, or wreck a train, locomotive, motor 
        unit, or freigh or passenger car used, operated, or employed by 
        a railroad carrier;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of any railroad signal system, including 
        a train control system, centralized dispatching system, or 
        highway-railroad grade crossing warning signal on a railroad 
        line used, operated, or employed by a railroad carrier.
            ``(5) interferes with, disables or incapacitates any 
        locomotive engineer, conductor, or other person while they are 
        operating or maintaining a train, locomotive, motor unit, or 
        freight or passenger car used, operated, or employed by a 
        railroad carrier, with intent to endanger the safety of any 
        passenger or employee of the carrier, or with a reckless 
        disregard for the safety of human life;
            ``(6) commits an act intended to cause death or serious 
        bodily injury to an employee or passenger of a railroad carrier 
        while on the property of the carrier;
            ``(7) causes the release of a hazardous material being 
        transported by a rail freight car, with the intent to endanger 
        the safety of any person, or with a reckless disregard for the 
        safety of human life;
            ``(8) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection; or
            ``(9) attempts, threatens, or conspires to do any of the 
        aforesaid acts--
shall be fined under this title or imprisoned not more than twenty 
years, or both, if such act is committed, or in the case of a threat or 
conspiracy such act would be committed, within the United States on, 
against, or affecting a railroad carrier engaged in or affecting 
interstate or foreign commerce, or if in the course of committing such 
acts, that person travels or communicates across a State line in order 
to commit such acts, or transports materials across a State line in aid 
of the commission of such acts: Provided however, That whoever is 
convicted of any crime prohibited by this subsection shall be:
            ``(1) imprisoned for not less than thirty years or for life 
        if the railroad train involved carried high-level radioactive 
        waste or spent nuclear fuel at the time of the offense;
            ``(2) imprisoned for life if the railroad train involved 
        was carrying passengers at the time of the offense; and
            ``(3) imprisoned for life or sentenced to death if the 
        offense has resulted in the death of any person.
    ``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.--
(1) Except as provided in paragraph (4), whoever knowingly possesses or 
causes to be present any firearm or other dangerous weapon on board a 
passenger train of a railroad carrier, or attempts to do so, shall be 
fined under this title or imprisoned not more than one year, or both, 
if such act is committed on a railroad carrier that is engaged in or 
affecting interstate or foreign commerce, or if in the course of 
committing such act, that person travels or communicates across a State 
line in order to commit such act, or transports materials across a 
State line in aid of the commission of such act.
    ``(2) Whoever, with intent that a firearm or other dangerous weapon 
be used in the commission of a crime, knowingly possesses or causes to 
be present such firearm or dangerous weapon on board a passenger train 
or in a passenger terminal facility of a railroad carrier, or attempts 
to do so, shall be fined under this title or imprisoned not more than 
five years, or both, if such act is committed on a railroad carrier 
that is engaged in or affecting interstate or foreign commerce, or if 
in the course of committing such act, that person travels or 
communicates across a State line in order to commit such act, or 
transports materials across a State line in aid of the commission of 
such act.
    ``(3) A person who kills or attempts to kill a person in the course 
of a violation of paragraphs (1) or (2), or in the course of an attack 
on a passenger train or a passenger terminal facility of a railroad 
carrier involving the use of a firearm or other dangerous weapon, shall 
be punished as provided in sections 1111, 1112, and 1113 of this title.
    ``(4) Paragraph (1) shall not apply to:
            ``(A) the possession of a firearm or other dangerous weapon 
        by an officer, agent, or employee of the United States, a 
        State, or a political subdivision thereof, while engaged in the 
        lawful performance of official duties, who is authorized by law 
        to engage in the transportation of people accused or convicted 
        of crimes, or supervise the prevention, detection, 
        investigation, or prosecution of any violation of law;
            ``(B) the possession of a firearm or other dangerous weapon 
        by an officer, agent, or employee of the United States, a State 
        or a political subdivision thereof, while off duty, if such 
        possession is authorized by law;
            ``(C) the possession of a firearm or other dangerous weapon 
        by a Federal official or a member of the Armed Forces if such 
        possession is authorized by law; or
            ``(D) an individual transporting a firearm on board a 
        railroad passenger train (except a loaded firearm) in baggage 
        not accessible to any passenger on board the train, if the 
        railroad carrier was informed of the presence of the weapon 
        prior to the firearm being placed on board the train.
    ``(c) Prohibition Against Propelling Objects.--Whoever willfully or 
recklessly throws, shoots, or propels a rock, stone, brick, or piece of 
iron, steel, or other metal or any deadly or dangerous object or 
destructive substance at any locomotive or car of a train, knowing or 
having reason to know such activity would likely cause personal injury, 
shall be fined under this title or imprisoned for not more than five 
years, or both, if such act is committed on or against a railroad 
carrier engaged in or affecting interstate or foreign commerce, or if 
in the course of committing such act, that person travels or 
communicates across a State line in order to commit such act, or 
transports materials across a State line in aid of the commission of 
such act. Whoever is convicted of any crime prohibited by this 
subsection shall also be subject to imprisonment for not more than 
twenty years if the offense has resulted in the death of any person.
    ``(d) Definitions.--In this section--
            ``(1) `dangerous device' has the meaning given to that term 
        in section 921(a)(4) of this title;
            ``(2) `dangerous weapon' has the meaning given to that term 
        in section 930 of this title;
            ``(3) `destructive substance' has the meaning given to that 
        term in section 31 of this title, except that: (A) the term 
        `radioactive device' does not include any radioactive device or 
        material used solely for medical, industrial, research, or 
        other peaceful purposes, and (B) `destructive substance' 
        includes any radioactive device or material that can be used to 
        cause a harm listed in subsection (a) and that is not in use 
        solely for medical, industrial, research, or other peaceful 
        purposes;
            ``(4) `firearm' has the meaning given to that term in 
        section 921 of this title;
            ``(5) `hazardous material' has the meaning given to that 
        term in section 5102(2) of title 49, United States Code;
            ``(6) `high-level radioactive waste' has the meaning given 
        to that term in section 10101(12) of title 42, United States 
        Code;
            ``(7) `railroad' has the meaning given to that term in 
        section 20102(1) of title 49, United States Code;
            ``(8) `railroad carrier' has the meaning given to that term 
        in section 20102(2) of title 49, United States Code;
            ``(9) `serious bodily injury' has the meaning given to that 
        term in section 1365 of this title;
            ``(10) `spent nuclear fuel' has the meaning given to that 
        term in section 10101(23) of title 42, United States Code; and
            ``(11) `State' has the meaning given to that term in 
        section 2266 of this title.''.
    (b) In the analysis of chapter 97 of title 18, United States Code, 
item ``1992'' is amended to read:

``1992. Terrorist attacks against railroads.''.

SEC. 13004. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.

    (a) Chapter 97 of title 18, United States Code, is amended by 
adding at the end thereof the following new section:
``Sec. 1994. Terrorist attacks against mass transportation
    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables a mass 
        transportation vehicle or vessel;
            ``(2) places or causes to be placed any destructive 
        substance in, upon, or near a mass transportation vehicle or 
        vessel, without previously obtaining the permission of the mass 
        transportation provider, and with intent to endanger the safety 
        of any passenger or employee of the mass transportation 
        provider, or with a reckless disregard for the safety of human 
        life;
            ``(3) sets fire to, or places any destructive substance in, 
        upon, or near any garage, terminal, structure, supply, or 
        facility used in the operation of, or in support of the 
        operation of, a mass transportation vehicle, knowing or having 
        reason to know such activity would likely derail, disable, or 
        wreck a mass transportation vehicle used, operated, or employed 
        by a mass transportation provider;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of a mass transportation signal system, 
        including a train control system, centralized dispatching 
        system, or rail grade-crossing warning signal;
            ``(5) interferes with, disables, or incapacitates any 
        driver or person while they are employed in operating or 
        maintaining a mass transportation vehicle or vessel, with 
        intent to endanger the safety of any passenger or employee of 
        the mass transportation provider, or with a reckless disregard 
        for the safety of human life;
            ``(6) commits an act intended to cause death or serious 
        bodily injury to an employee or passenger of a mass 
        transportation provider on the property of a mass 
        transportation provider;
            ``(7) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection; or
            ``(8) attempts, threatens, or conspires to do any of the 
        aforesaid acts--
shall be fined under this title or imprisoned not more than twenty 
years, or both, if such act is committed, or in the case of a threat or 
conspiracy such act would be committed, within the United States on, 
against, or affecting a mass transportation provider engaged in or 
affecting interstate or foreign commerce, or if in the course of 
committing such act, that person travels or communicates across a State 
line in order to commit such act, or transports materials across a 
State line in aid of the commission of such act. Whoever is convicted 
of a crime prohibited by this section shall also be subject to 
imprisonment for life if the mass transportation vehicle or vessel was 
carrying a passenger at the time of the offense, and imprisonment for 
life or sentenced to death if the offense has resulted in the death of 
any person.
    ``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.--
(1) Except as provided in paragraph (4), whoever knowingly possesses or 
causes to be present any firearm or other dangerous weapon on board a 
mass transportation vehicle or vessel, or attempts to do so, shall be 
fined under this title or imprisoned not more than one year, or both, 
if such act is committed on a mass transportation provider engaged in 
or affecting interstate or foreign commerce, or if in the course of 
committing such act, that person travels or communicates across a State 
line in order to commit such act, or transports materials across a 
State line in aid of the commission of such act.
    ``(2) Whoever, with intent that a firearm or other dangerous weapon 
be used in the commission of a crime, knowingly possesses or causes to 
be present such firearm or dangerous weapon on board a mass 
transportation vehicle or vessel, or in a mass transportation passenger 
terminal facility, or attempts to do so, shall be fined under this 
title, or imprisoned not more than five years, or both, if such act is 
committed on a mass transportation provider engaged in or affecting 
interstate or foreign commerce, or if in the course of committing such 
act, that person travels or communicates across a State line in order 
to commit such act, or transports materials across a State line in aid 
of the commission of such act.
    ``(3) A person who kills or attempts to kill a person in the course 
of a violation of paragraphs (1) or (2), or in the course of an attack 
on a mass transportation vehicle or vessel, or a mass transportation 
passenger terminal facility involving the use of a firearm or other 
dangerous weapon, shall be punished as provided in sections 1111, 1112, 
and 1113 of this title.
    ``(4) Paragraph (1) shall not apply to:
            ``(A) the possession of a firearm or other dangerous weapon 
        by an officer, agent, or employee of the United States, a 
        State, or a political subdivision thereof, while engaged in the 
        lawful performance of official duties, who is authorized by law 
        to engage in the transportation of people accused or convicted 
        of crimes, or supervise the prevention, detection, 
        investigation, or prosecution of any violation of law;
            ``(B) the possession of a firearm or other dangerous weapon 
        by an officer, agent, or employee of the United States, a 
        State, or a political subdivision thereof, while off duty, if 
        such possession is authorized by law;
            ``(C) the possession of a firearm or other dangerous weapon 
        by a Federal official or a member of the Armed Forces if such 
        possession is authorized by law; or
            ``(D) an individual transporting a firearm on board a mass 
        transportation vehicle or vessel (except a loaded firearm) in 
        baggage not accessible to any passenger on board the vehicle or 
        vessel, if the mass transportation provider was informed of the 
        presence of the weapon prior to the firearm being placed on 
        board the vehicle or vessel.
    ``(c) Prohibition Against Propelling Objects.--Whoever willfully or 
recklessly throws, shoots, or propels a rock, stone, brick, or piece of 
iron, steel, or other metal or any deadly or dangerous object or 
destructive substance at any mass transportation vehicle or vessel, 
knowing or having reason to know such activity would likely cause 
personal injury, shall be fined under this title or imprisoned for not 
more than five years, or both, if such act is committed on or against a 
mass transportation provider engaged in or substantially affecting 
interstate or foreign commerce, or if in the course of committing such 
acts, that person travels or communicates across a State line in order 
to commit such acts, or transports materials across a State line in aid 
of the commission of such acts. Whoever is convicted of any crime 
prohibited by this subsection shall also be subject to imprisonment for 
not more than twenty years if the offense has resulted in the death of 
any person.
    ``(d) Definitions.--In this section--
            ``(1) `dangerous device' has the meaning given to that term 
        in section 921(a)(4) of this title;
            ``(2) `dangerous weapon' has the meaning given to that term 
        in section 930 of this title;
            ``(3) `destructive substance' has the meaning given to that 
        term in section 31 of this title, except; that (A) the term 
        `radioactive device' does not include any radioactive device or 
        material used solely for medical, industrial, research, or 
        other peaceful purposes, and (B) `destructive substance' 
        includes any radioactive device or material that can be used to 
        cause a harm listed in subsection (a) and that is not in use 
        solely for medical, industrial, research, or other peaceful 
        purposes;
            ``(4) `firearm' has the meaning given to that term in 
        section 921 of this title;
            ``(5) `mass transportation' has the meaning given to that 
        term in section 5302(a)(7) of title 49, United States Code, 
        except that the term shall include schoolbus, charter, and 
        sightseeing transportation;
            ``(6) `serious bodily injury' has the meaning given to that 
        term in section 1365 of this title; and;
            ``(7) `State' has the meaning given to that term in section 
        2266 of this title;
    (b) The analysis of chapter 97 of title 18, United States Code, is 
amended by adding at the end thereof:

``1994. Terrorist attacks against mass transportation.''.

SEC. 13005. INVESTIGATIVE JURISDICTION.

    The Federal Bureau of Investigation shall lead the investigation of 
all offenses under this title. The Federal Bureau of Investigation 
shall cooperative with the National Transportation Safety Board and 
with the Department of Transportation in safety investigations by these 
agencies, and with the Treasury Department's Bureau of Alcohol, Tobacco 
and Firearms concerning an investigation regarding the possession of 
firearms and explosives.

             TITLE XIV--RAIL AND MASS TRANSPORTATION SAFETY

SEC. 14001. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO COMMUTER 
              RAILROADS.

    Section 5329 is amended by adding at the end the following new 
subsection:
    ``(c) Commuter Railroad Safety Considerations.--In making a grant 
or loan under this chapter that concerns a railroad subject to the 
Secretary's railroad safety jurisdiction under section 20102 of this 
title, the Federal Transit Administrator shall consult with the Federal 
Railroad Administrator concerning relevant safety issues. The Secretary 
may use appropriate authority under this chapter, including the 
authority to prescribe particular terms or covenants under section 5334 
of this title, to address any safety issues identified in the project 
supported by the loan or grant.''.

SEC. 14002. RAILROAD ACCIDENT AND INCIDENT REPORTING.

    Section 20901(a) of title 49 is amended to read as follows:
    ``(a) General Requirements.--On a periodic basis as specified by 
the Secretary of Transportation, a railroad carrier shall file a report 
with the Secretary on all accidents and incidents resulting in injury 
or death to an individual or damage to equipment or a roadbed arising 
from the carrier's operations during that period. The report shall 
state the nature, cause, and circumstances of each reported accident or 
incident. If a railroad carrier assigns human error as a cause, the 
report shall include, at the option of each employee whose error is 
alleged, a statement by the employee explaining any factors the 
employee alleges contributed to the accident or incident.''.

SEC. 14003. VEHICLE WEIGHT LIMITATIONS--MASS TRANSPORTATION BUSES.

    Section 1023(h)(1) of the Intermodal Surface Transportation 
Efficiency Act of 1991, as amended (23 U.S.C. 127 note), is amended by 
striking ``the date on which'' and all that follows through ``1995'' 
and substituting ``January 1, 2003.''
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