[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1234 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1234

       To improve transportation safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 1997

 Mr. Hollings introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Highway and Surface Transportation 
Safety Act of 1997''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE; TABLE OF SECTIONS.

    (a) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act 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.
    (b) Table of Sections.--The table of sections for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code; table of sections.
Sec. 3. Awards.
                        TITLE I--HIGHWAY SAFETY

Sec. 101. Highway safety programs.
Sec. 102. National driver register.
Sec. 103. Authorizations of appropriations.
Sec. 104. Global environmental and safety standards for vehicles.
Sec. 105. Amendments to chapter 323 (consumer information).
Sec. 106. Amendment to chapter 329 (automobile fuel economy).
Sec. 107. Amendments to chapter 331 (theft prevention).
Sec. 108. Dealer notification program for prohibited sale of 
                            nonqualifying vehicles for use as 
                            schoolbuses.
      TITLE II--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

Sec. 201. Short title.
Sec. 202. Findings and purposes; definitions.
Sec. 203. Handling criteria repeal.
Sec. 204. Hazmat employee training requirements.
Sec. 205. Registration.
Sec. 206. Highway transportation of hazardous materials.
Sec. 207. Shipping paper retention.
Sec. 208. Public sector training curriculum.
Sec. 209. Planning and training grants.
Sec. 210. Special permits and exclusions.
Sec. 211. Cooperative agreements.
Sec. 212. Enforcement.
Sec. 213. Penalties.
Sec. 214. Preemption.
Sec. 215. Judicial review.
Sec. 216. Hazardous material transportation reauthorization.
Sec. 217. Authorization of appropriations.
                TITLE III--SANITARY FOOD TRANSPORTATION

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Responsibilities of the Secretary of Health and Human 
                            Services.
Sec. 304. Department of Transportation requirements.
Sec. 305. Effective date.
         TITLE IV--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM

Sec. 401. Short title.
Sec. 402. Purpose.
Sec. 403. Amendments to the ``wrecking trains'' statute.
Sec. 404. Terrorist attacks against mass transportation.
Sec. 405. Investigative jurisdiction.
              TITLE V--RAIL AND MASS TRANSPORTATION SAFETY

Sec. 501. Safety considerations in grants or loans to commuter 
                            railroads.
Sec. 502. Railroad accident and incident reporting.
Sec. 503. Vehicle weight limitations--mass transportation buses.
                     TITLE VI--MOTOR CARRIER SAFETY

    Subtitle A--State Grants and Other Commmercial Vehicle Programs

Sec. 601. Statement of purpose.
Sec. 602. Grants to States.
Sec. 603. Federal share.
Sec. 604. Availability of amounts.
Sec. 605. Information systems and strategic safety initiatives.
Sec. 606. Authorization of appropriations.
Sec. 607. Conforming amendments.
              Subtitle B--Motor Carrier Safety Act of 1997

Sec. 651. Short title.
Sec. 652. Safety regulations.
Sec. 653. Commercial motor vehicle operators.
Sec. 654. Penalties.
Sec. 655. International registration plan and international fuel tax 
                            agreement.
Sec. 656. Study of adequacy of parking facilities.
Sec. 657. National minimum drinking age--technical corrections.
                          TITLE VII--RESEARCH

                  Subtitle A--Programs and Activities

Sec. 701. Transportation research and development.
Sec. 702. Bureau of Transportation Statistics.
Sec. 703. Research and technology program.
Sec. 704. National technology deployment initiatives.
             Subtitle B--Intelligent Transportation Systems

Sec. 751. Short title and findings.
Sec. 752. Definitions; conforming amendment.
Sec. 753. Scope of program.
Sec. 754. General authorities and requirements.
Sec. 755. National ITS program plan, implementation, and report to 
                            Congress.
Sec. 756. Technical, training, planning, research and operational 
                            testing project assistance.
Sec. 757. Applications of technology.
Sec. 758. Funding.
                       TITLE VIII--BOATING SAFETY

Sec. 801. Short title.
Sec. 802. Amendment of 1950 Act.
Sec. 803. Outreach and communications programs.
Sec. 804. Clean Vessel Act funding.
Sec. 805. Boating infrastructure.

SEC. 3. AWARDS.

    (a) Section 326 is amended--
            (1) by adding at the end thereof the following:
    ``(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) by inserting ``and awards'' after ``Gifts'' in the 
        section caption.
    (b) The analysis of sections for chapter 3 is amended by striking 
the item relating to section 326 and inserting the following:

``326. Gifts and awards.''.

                        TITLE I--HIGHWAY SAFETY

SEC. 101. HIGHWAY SAFETY PROGRAMS.

    (a) Uniform Guidelines.--Section 402(a) of title 23, United States 
Code, is amended by striking ``section 4007'' and inserting ``section 
4004''.
    (b) Administrative Requirements.--Section 402(b) of such title is 
amended--
            (1) by striking the period at the end of subparagraph (A) 
        and subparagraph (B) of paragraph (1) and inserting a 
        semicolon;
            (2) by inserting ``, including Indian tribes,'' after 
        ``subdivisions of such State'' in paragraph (1)(C);
            (3) by striking the period at the end of paragraph (1)(C) 
        and inserting a semicolon and ``and''; and
            (4) by striking paragraphs (3) and (4) and redesignating 
        paragraph (5) as paragraph (3).
    (c) Apportionment of Funds--Section 402(c) of such title is 
amended--
            (1) by inserting ``the apportionment to the Secretary of 
        the Interior shall not be less than three-fourths of 1 percent 
        of the total apportionment and'' after ``except that'' in the 
        sixth sentence; and
            (2) by striking the seventh sentence.
    (d) Application in Indian Country--Section 402(i) of such title is 
amended to read as follows:
    ``(i) Application in Indian Country.--
            ``(1) In general.--For the purpose of application of this 
        section in Indian country, the terms `State' and `Governor of a 
        State' include the Secretary of the Interior and the term 
        `political subdivision of a State' includes an Indian tribe. 
        Notwithstanding the provisions of subparagraph (b)(1)(C) of 
        this section, 95 percent of the funds apportioned to the 
        Secretary of the Interior under this section shall be expended 
        by Indian tribes to carry out highway safety programs within 
        their jurisdictions. The provisions of subparagraph (b)(1)(D) 
        of this section shall be applicable to Indian tribes, except to 
        those tribes with respect to which the Secretary determines 
        that application of such provisions would not be practicable.
            ``(2) Indian country defined.--For the purposes of this 
        subsection, the term `Indian country' means--
                    ``(A) all land within the limits of any Indian 
                reservation under the jurisdiction of the United 
                States, notwithstanding the issuance of any patent, and 
                including rights-of-way running through the 
                reservation;
                    ``(B) all dependent Indian communities within the 
                borders of the United States whether within the 
                original or subsequently acquired territory thereof and 
                whether within or without the limits of a State; and
                    ``(C) all Indian allotments, the Indian titles to 
                which have not been extinguished, including rights-of-
                way running through such allotments.''.
    (e) Rulemaking Process.--Section 402(j) of such title is amended to 
read as follows:
    ``(j) Rulemaking Process.--The Secretary may from time to time 
conduct a rulemaking process to identify highway safety programs that 
are highly effective in reducing motor vehicle crashes, injuries and 
deaths. Any such rulemaking shall take into account the major role of 
the States in implementing such programs. When a rule promulgated in 
accordance with this section takes effect, States shall consider these 
highly effective programs when developing their highway safety 
programs.''.
    (f) Safety Incentive Grants.--Section 402 of such title is amended 
by striking subsection (k) and inserting the following:
    ``(k)(1) Safety Incentive Grants: General Authority.--The Secretary 
shall make a grant to a State that takes specific actions to advance 
highway safety under subsection (l), (m), (n), or (o) of this section. 
A State may qualify for more than one grant and shall receive a 
separate grant for each subsection for which it qualifies. Such grants 
may only be used by recipient States to implement and enforce, as 
appropriate, the programs for which the grants are awarded.
    ``(2) Maintenance of Effort.--No grant may be made to a State under 
subsection (l) or (m) of this section in any fiscal year unless such 
State enters into such agreements with the Secretary as the Secretary 
may require to ensure that such State will maintain its aggregate 
expenditures from all other sources for the specific actions for which 
a grant is provided at or above the average level of such expenditures 
in its 2 fiscal years preceding the date of the enactment of this 
subsection.
    ``(3) Maximum Period of Eligibility; Federal Share for Grants.--
Each grant under subsection (l) or (m) of this section shall be 
available for not more than 6 fiscal years beginning in the fiscal year 
after September 30, 1997, in which the State becomes eligible for the 
grant. The Federal share payable for any grant under subsection (l) or 
(m) shall not exceed--
            ``(A) in the first and second fiscal years in which the 
        State receives the grant, 75 percent of the cost of 
        implementing and enforcing, as appropriate, in such fiscal year 
        a program adopted by the State;
            ``(B) in the third and fourth fiscal years in which the 
        State receives the grant, 50 percent of the cost of 
        implementing and enforcing, as appropriate, in such fiscal year 
        such program; and
            ``(C) in the fifth and sixth fiscal years in which the 
        State receives the grant, 25 percent of the cost of 
        implementing and enforcing, as appropriate, in such fiscal year 
        such program.
    ``(l) Alcohol-Impaired Driving Countermeasures: Basic Grant 
Eligibility.--The Secretary shall make grants to those States that 
adopt and implement effective programs to reduce traffic safety 
problems resulting from persons driving under the influence of alcohol. 
A State shall become eligible for one or more of three basic grants 
under this subsection by adopting or demonstrating the following to the 
satisfaction of the Secretary:
            ``(1) Basic grant a.--At least 4 of the following:
                    ``(A) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for persons who operate motor 
                vehicles while under the influence of alcohol which 
                requires that--
                            ``(i) in the case of a person who, in any 
                        5-year period beginning after the date of 
                        enactment of this subsection, is determined on 
                        the basis of a chemical test to have been 
                        operating a motor vehicle under the influence 
                        of alcohol or is determined to have refused to 
                        submit to such a test as proposed by a law 
                        enforcement officer, the State agency 
                        responsible for administering drivers' 
                        licenses, upon receiving the report of the law 
                        enforcement officer--
                                    ``(I) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 90 days if such person is 
                                a first offender in such 5-year period; 
                                and
                                    ``(II) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 1 year, or revoke such 
                                license, if such person is a repeat 
                                offender in such 5-year period; and
                            ``(ii) the suspension and revocation 
                        referred to under clause (A)(i) of this 
                        subparagraph shall take effect not later than 
                        30 days after the day on which the person 
                        refused to submit to a chemical test or 
                        received notice of having been determined to be 
                        driving under the influence of alcohol, in 
                        accordance with the State's procedures.
                    ``(B) Underage drinking program.--An effective 
                system, as determined by the Secretary, for preventing 
                operators of motor vehicles under age 21 from obtaining 
                alcoholic beverages. Such system shall include the 
                issuance of drivers' licenses to individuals under age 
                21 that are easily distinguishable in appearance from 
                drivers' licenses issued to individuals age 21 years of 
                age or older.
                    ``(C) Stopping motor vehicles.--Either--
                            ``(i) a statewide program for stopping 
                        motor vehicles on a nondiscriminatory, lawful 
                        basis for the purpose of determining whether 
                        the operators of such motor vehicles are 
                        driving while under the influence of alcohol, 
                        or
                            ``(ii) a statewide Special Traffic 
                        Enforcement Program for impaired driving that 
                        emphasizes publicity for the program.
                    ``(D) Repeat offenders.--Effective sanctions for 
                repeat offenders convicted of driving under the 
                influence of alcohol. Such sanctions, as determined by 
                the Secretary, may include electronic monitoring; 
                alcohol interlocks; intensive supervision of probation; 
                vehicle impoundment, confiscation, or forfeiture; and 
                dedicated detention facilities.
                    ``(E) Graduated licensing system.--A three-stage 
                graduated licensing system for young drivers that 
                includes nighttime driving restrictions during the 
                first 2 stages, requires all vehicle occupants to be 
                properly restrained, and makes it unlawful for a person 
                under age 21 to operate a motor vehicle with a blood 
                alcohol concentration of .02 percent or greater.
            ``(2) Basic grant b.--Both of the following:
                    ``(A) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for persons who operate motor 
                vehicles while under the influence of alcohol which 
                requires that--
                            ``(i) in the case of a person who, in any 
                        5-year period beginning after the date of 
                        enactment of this subsection, is determined on 
                        the basis of a chemical test to have been 
                        operating a motor vehicle under the influence 
                        of alcohol or is determined to have refused to 
                        submit to such a test as requested by a law 
                        enforcement officer, the State agency 
                        responsible for administering drivers' 
                        licenses, upon receiving the report of the law 
                        enforcement officer--
                                    ``(I) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 90 days if such person is 
                                a first offender in such 5-year period; 
                                and
                                    ``(II) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 1 year, or revoke such 
                                license, if such person is a repeat 
                                offender in such 5-year period; and
                            ``(ii) the suspension and revocation 
                        referred to under clause (A)(i) of this 
                        subparagraph shall take effect not later than 
                        30 days after the day on which the person 
                        refused to submit to a chemical test or 
                        receives notice of having been determined to be 
                        driving under the influence of alcohol, in 
                        accordance with the State's procedures; and
                    ``(B) .08 bac per se law.--A law that provides that 
                any person with a blood alcohol concentration of 0.08 
                percent or greater while operating a motor vehicle 
                shall be deemed to be driving while intoxicated.
            ``(3) Basic grant c.--Both of the following:
                    ``(A) Fatal impaired driver percentage reduction.--
                The percentage of fatally injured drivers with 0.10 
                percent or greater blood alcohol concentration in the 
                State has decreased in each of the 3 most recent 
                calendar years for which statistics for determining 
                such percentages are available.
                    ``(B) Fatal impaired driver percentage 
                comparison.--The percentage of fatally injured drivers 
                with 0.10 percent or greater blood alcohol 
                concentration in the State has been lower than the 
                average percentage for all States in each of such 
                calendar years.
            ``(4) Basic grant amount.--The amount of each basic grant 
        under this subsection for any fiscal year shall be up to 15 
        percent of the amount apportioned to the State for fiscal year 
        1997 under section 402 of this title.
            ``(5) Alcohol-impaired driving countermeasures: 
        supplemental grants.--During the period in which a State is 
        eligible for a basic grant under this subsection, the State 
        shall be eligible to receive a supplemental grant in no more 
        than 2 fiscal years of up to 5 percent of the amount 
        apportioned to the State in fiscal year 1997 under section 402 
        of this title. The State may receive a separate supplemental 
        grant for meeting each of the following criteria:
                    ``(A) Open container laws.--The State makes 
                unlawful the possession of any open alcoholic beverage 
                container, or the consumption of any alcoholic 
                beverage, in the passenger area of any motor vehicle 
                located on a public highway or the right-of-way of a 
                public highway, except--
                            ``(i) as allowed in the passenger area, by 
                        a person (other than the driver), of any motor 
                        vehicle designed to transport more than 10 
                        passengers (including the driver) while being 
                        used to provide charter transportation of 
                        passengers; or
                            ``(ii) as otherwise specifically allowed by 
                        such State, with the approval of the Secretary, 
                        but in no event may the driver of such motor 
                        vehicle be allowed to possess or consume an 
                        alcoholic beverage in the passenger area.
                    ``(B) Mandatory blood alcohol concentration testing 
                programs.--The State provides for mandatory blood 
                alcohol concentration testing whenever a law 
                enforcement officer has probable cause under State law 
                to believe that a driver of a motor vehicle involved in 
                a crash resulting in the loss of human life or, as 
                determined by the Secretary, serious bodily injury, has 
                committed an alcohol-related traffic offense.
                    ``(C) Video equipment for detection of drunk 
                drivers.--The State provides for a program to acquire 
                video equipment to be used in detecting persons who 
                operate motor vehicles while under the influence of 
                alcohol and in prosecuting those persons, and to train 
                personnel in the use of that equipment.
                    ``(D) Blood alcohol concentration for persons under 
                age 21.--The State enacts and enforces a law providing 
                that any person under age 21 with a blood alcohol 
                concentration of 0.02 percent or greater when driving a 
                motor vehicle shall be deemed to be driving while 
                intoxicated or driving under the influence of alcohol, 
                and further provides for a minimum suspension of the 
                person's driver's license for not less than 30 days.
                    ``(E) Self-sustaining drunk driving prevention 
                program.--The State provides for a self-sustaining 
                drunk driving prevention program under which a 
                significant portion of the fines or surcharges 
                collected from individuals apprehended and fined for 
                operating a motor vehicle while under the influence of 
                alcohol are returned to those communities which have 
                comprehensive programs for the prevention of such 
                operations of motor vehicles.
                    ``(F) Reducing driving with a suspended license.--
                The State enacts and enforces a law to reduce driving 
                with a suspended license. Such law, as determined by 
                the Secretary, may require a `zebra' stripe that is 
                clearly visible on the license plate of any motor 
                vehicle owned and operated by a driver with a suspended 
                license.
                    ``(G) Effective dwi tracking system.--The State 
                demonstrates an effective driving while intoxicated 
                (DWI) tracking system. Such a system, as determined by 
                the Secretary, may include data covering arrests, case 
                prosecutions, court dispositions and sanctions, and 
                provide for the linkage of such data and traffic 
                records systems to appropriate jurisdictions and 
                offices within the State.
                    ``(H) Assessment of persons convicted of abuse of 
                controlled substances; assignment of treatment for all 
                dwi/dui offenders.--The State provides for assessment 
                of individuals convicted of driving while intoxicated 
                or driving under the influence of alcohol or controlled 
                substances, and for the assignment of appropriate 
                treatment.
                    ``(I) Use of passive alcohol sensors.--The State 
                provides for a program to acquire passive alcohol 
                sensors to be used by police officers in detecting 
                persons who operate motor vehicles while under the 
                influence of alcohol, and to train police officers in 
                the use of that equipment.
                    ``(J) Effective penalties for provision or sale of 
                alcohol to persons under 21.--The State enacts and 
                enforces a law that provides for effective penalties or 
                other consequences for the sale or provision of 
                alcoholic beverages to any individual under 21 years of 
                age. The Secretary shall determine what penalties are 
                effective.
            ``(6) Definitions.--For the purposes of this subsection, 
        the following definitions apply:
                    ``(A) `Alcoholic beverage' has the meaning such 
                term has under section 158(c) of this title.
                    ``(B) `Controlled substances' has the meaning such 
                term has under section 102(6) of the Controlled 
                Substances Act (21 U.S.C. 802(6)).
                    ``(C) `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.
                    ``(D) `Open alcoholic beverage container' means any 
                bottle, can, or other receptacle--
                            ``(i) which contains any amount of an 
                        alcoholic beverage; and
                            ``(ii)(I) which is open or has a broken 
                        seal, or
                            ``(II) the contents of which are partially 
                        removed.
    ``(m) State Highway Safety Data Improvements.--The Secretary shall 
make a grant to a State that takes effective actions to improve the 
timeliness, accuracy, completeness, uniformity, and accessibility of 
the State's data needed to identify priorities within State and local 
highway and traffic safety programs, to evaluate the effectiveness of 
such efforts, and to link these State data systems, including traffic 
records, together and with other data systems within the State, such as 
systems that contain medical and economic data:
            ``(1) First-year grant eligibility.--A State is eligible 
        for a first-year grant under this subsection in a fiscal year 
        if such State either:
                    ``(A) Demonstrates, to the satisfaction of the 
                Secretary, that it has--
                            ``(i) established a Highway Safety Data and 
                        Traffic Records Coordinating Committee with a 
                        multi-disciplinary membership including the 
                        administrators, collectors, and users of such 
                        data (including the public health, injury 
                        control, and motor carrier communities) of 
                        highway safety and traffic records databases;
                            ``(ii) completed within the preceding 5 
                        years a highway safety data and traffic records 
                        assessment or audit of its highway safety data 
                        and traffic records system; and
                            ``(iii) initiated the development of a 
                        multi-year highway safety data and traffic 
                        records strategic plan to be approved by the 
                        Highway Safety Data and Traffic Records 
                        Coordinating Committee that identifies and 
                        prioritizes its highway safety data and traffic 
                        records needs and goals, and that identifies 
                        performance-based measures by which progress 
                        toward those goals will be determined; or
                    ``(B) Provides, to the satisfaction of the 
                Secretary--
                            ``(i) certification that it has met the 
                        provisions outlined in clauses (A)(i) and 
                        (A)(ii) of subparagraph (A) of this paragraph;
                            ``(ii) a multi-year plan that identifies 
                        and prioritizes the State's highway safety data 
                        and traffic records needs and goals, that 
                        specifies how its incentive funds for the 
                        fiscal year will be used to address those needs 
                        and the goals of the plan, and that identifies 
                        performance-based measures by which progress 
                        toward those goals will be determined; and
                            ``(iii) certification that the Highway 
                        Safety Data and Traffic Records Coordinating 
                        Committee continues to operate and supports the 
                        multi-year plan described in clause (B)(ii) of 
                        this subparagraph.
            ``(2) First-year grant amount.--The amount of a first-year 
        grant made for State highway safety data and traffic records 
        improvements for any fiscal year to any State eligible for such 
a grant under subparagraph (1)(A) of paragraph (A) of this subsection 
shall equal $1,000,000, subject to the availability of appropriations, 
and for any State eligible for such a grant under subparagraph (1)(B) 
of this subsection shall equal a proportional amount of the amount 
apportioned to the State for fiscal year 1997 under section 402 of this 
title, except that no State shall receive less than $250,000, subject 
to the availability of appropriations. The Secretary may award a grant 
of up to $25,000 for one year to any State that does not meet the 
criteria established in paragraph (1). The grant may only be used to 
conduct activities needed to enable that State to qualify for first-
year funding to begin in the next fiscal year.
            ``(3) State highway safety data and traffic records 
        improvements; succeeding-year grants.--A State shall be 
        eligible for a grant in any fiscal year succeeding the first 
        fiscal year in which the State receives a State highway safety 
        data and traffic records grant if the State, to the 
        satisfaction of the Secretary:
                    ``(A) Submits or updates a multi-year plan that 
                identifies and prioritizes the State's highway safety 
                data and traffic records needs and goals, that 
                specifies how its incentive funds for the fiscal year 
                will be used to address those needs and the goals of 
                the plan, and that identifies performance-based 
                measures by which progress toward those goals will be 
                determined;
                    ``(B) Certifies that its Highway Safety Data and 
                Traffic Records Coordinating Committee continues to 
                support the multi-year plan; and
                    ``(C) Reports annually on its progress in 
                implementing the multi-year plan.
            ``(4) Succeeding-year grant amounts.--The amount of a 
        succeeding-year grant made for State highway safety data and 
        traffic records improvements for any fiscal year to any State 
        that is eligible for such a grant shall equal a proportional 
        amount of the amount apportioned to the State for fiscal year 
        1997 under section 402 of this title, except that no State 
        shall receive less than $225,000, subject to the availability 
        of appropriations.''.
    (g) Occupant Protection Program.--
            (1) In general.--Section 410 of title 23, United States 
        Code, is amended to read as follows:
``Sec. 410. Safety belts and occupant protection program
    ``The Secretary shall make basic grants to those States that adopt 
and implement effective programs to reduce highway deaths and injuries 
resulting from persons riding unrestrained or improperly restrained in 
motor vehicles. A State may establish its eligibility for one or both 
of the grants by adopting or demonstrating the following to the 
satisfaction of the Secretary:
            ``(1) Basic grant a.--At least 4 of the following:
                    ``(A) Safety belt use law for all front seat 
                occupants.--The State has in effect a safety belt use 
                law that makes unlawful throughout the State the 
                operation of a passenger motor vehicle whenever a 
                person in the front seat of the vehicle (other than a 
                child who is secured in a child restraint system) does 
                not have a safety belt properly secured about the 
                person's body.
                    ``(B) Primary safety belt use law.--The State 
                provides for primary enforcement of its safety belt use 
                law.
                    ``(C) Child passenger protection law.--The State 
                has in effect a law that requires minors who are riding 
                in a passenger motor vehicle to be properly secured in 
                a child safety seat or other appropriate restraint 
                system.
                    ``(D) Child occupant protection education 
                program.--The State demonstrates implementation of a 
                statewide comprehensive child occupant protection 
                education program that includes education about proper 
                seating positions for children in air bag equipped 
                motor vehicles and instruction on how to reduce the 
                improper use of child restraints systems. The states 
                are to submit to the Secretary an evaluation or report 
                on the effectiveness of the programs at least three 
                years after receipt of the grant.
                    ``(E) Minimum fines.--The State requires a minimum 
                fine of at least $25 for violations of its safety belt 
                use law and a minimum fine of at least $25 for 
                violations of its child passenger protection law.
                    ``(F) Special traffic enforcement program.--The 
                State demonstrates implementation of a statewide 
                Special Traffic Enforcement Program for occupant 
                protection that emphasizes publicity for the program.
            ``(2) Basic grant b.--Both of the following:
                    ``(A) State safety belt use rate.--The State 
                demonstrates a statewide safety belt use rate in both 
                front outboard seating positions in all passenger motor 
                vehicles of 80 percent or higher in each of the first 3 
                years a grant under this paragraph is received, and of 
                85 percent or higher in each of the fourth, fifth, and 
                sixth years a grant under this paragraph is received.
                    ``(B) Survey method.--The State follows safety belt 
                use survey methods which conform to guidelines issued 
                by the Secretary ensuring that such measurements are 
                accurate and representative.
            ``(3) Basic grant amount.--The amount of each basic grant 
        for which a State qualifies under this subsection for any 
        fiscal year shall equal up to 20 percent of the amount 
        apportioned to the State for fiscal year 1997 under section 402 
        of this title.
            ``(4) Occupant protection program: supplemental grants.--
        During the period in which a State is eligible for a basic 
        grant under this subsection, the State shall be eligible to 
        receive a supplemental grant in a fiscal year of up to 5 
        percent of the amount apportioned to the State in fiscal year 
        1997 under section 402 of this title. The State may receive a 
        separate supplemental grant for meeting each of the following 
        criteria:
                    ``(A) Penalty points against a driver's license for 
                violations of child passenger protection 
                requirements.--The State has in effect a law that 
                requires the imposition of penalty points against a 
                driver's license for violations of child passenger 
                protection requirements.
                    ``(B) Elimination of non-medical exemptions to 
                safety belt and child passenger protection laws.--The 
                State has in effect safety belt and child passenger 
                protection laws that contain no nonmedical exemptions.
                    ``(C) Safety belt use in rear seats.--The State has 
                in effect a law that requires safety belt use by all 
                rear-seat passengers in all passenger motor vehicles 
                with a rear seat.
            ``(5) Definitions.--As used in this subsection--
                    ``(A) `Child safety seat' means any device except 
                safety belts, designed for use in a motor vehicle to 
                restrain, seat, or position children who weigh 50 
                pounds or less.
                    ``(B) `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.
                    ``(C) `Multipurpose passenger vehicle' means a 
                motor vehicle with motive power (except a trailer), 
                designed to carry not more than 10 individuals, that is 
                constructed either on a truck chassis or with special 
                features for occasional off-road operation.
                    ``(D) `Passenger car' means a motor vehicle with 
                motive power (except a multipurpose passenger vehicle, 
                motorcycle, or trailer) designed to carry not more than 
                10 individuals.
                    ``(E) `Passenger motor vehicle' means a passenger 
                car or a multipurpose passenger motor vehicle.
                    ``(F) `Safety belt' means--
                            ``(i) 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
                            ``(ii) with respect to other passenger 
                        vehicles, an occupant restraint system 
                        consisting of integrated lap and shoulder 
                        belts.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        4 of that chapter is amended by striking the item relating to 
        section 410 and inserting the following:

``410. Safety belts and occupant protection program.''.
    (h) Drugged Driver Research and Demonstration Program.--Section 
403(b) of title 23, United States Code, is amended--
            (1) by inserting ``(1)'' before ``In addition'';
            (2) by striking ``is authorized to'' and inserting 
        ``shall'';
            (3) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B); and
            (4) by inserting after subparagraph (B), as redesignated, 
        the following:
            ``(C) Measures that may deter drugged driving.''.

SEC. 102. NATIONAL DRIVER REGISTER.

    (a) Transfer of Selected Functions to Non-Federal Management.--
Section 30302 is amended by adding at the end thereof the following:
    ``(e) Transfer of Selected Functions to Non-Federal Management.--
(1) The Secretary may enter into an agreement with an organization that 
represents the interests of the States to manage, administer, and 
operate the National Driver Register's computer timeshare and user 
assistance functions. If the Secretary decides to enter into such an 
agreement, the Secretary shall ensure that the management of these 
functions is compatible with this chapter and the regulations issued to 
implement this chapter.
    ``(2) Any transfer of the National Driver Register's computer 
timeshare and user assistance functions to an organization that 
represents the interests of the States shall begin only after a 
determination is made by the Secretary that all States are 
participating in the National Driver Register's `Problem Driver Pointer 
System' (the system used by the Register to effect the exchange of 
motor vehicle driving records), and that the system is functioning 
properly.
    ``(3) The agreement entered into under this subsection shall 
include a provision for a transition period sufficient to allow the 
States to make the budgetary and legislative changes they may need to 
pay fees charged by the organization representing their interests for 
their use of the National Driver Register's computer timeshare and user 
assistance functions. During this transition period, the Secretary 
(through the National Highway Traffic Safety Administration) shall 
continue to fund these transferred functions.
    ``(4) The total of the fees charged by the organization 
representing the interests of the States in any fiscal year for the use 
of the National Driver Register's computer timeshare and user 
assistance functions shall not exceed the total cost to the 
organization for performing these functions in such fiscal year.
    ``(5) Nothing in this subsection shall be construed to diminish, 
limit, or otherwise affect the authority of the Secretary to carry out 
this chapter.''.
    (b) Access to Register Information.--Section 30305(b) is amended--
            (1) by striking ``request.'' in paragraph (2) and inserting 
        the following: ``request, unless the information is about a 
        revocation or suspension still in effect on the date of the 
        request'';
            (2) by inserting after paragraph (6) the following:
            ``(7) The head of a Federal department or agency that 
        issues motor vehicle operator's licenses may request the chief 
        driver licensing official of a State to obtain information 
        under subsection (a) of this section about an individual 
        applicant for a motor vehicle operator's license from such 
        department or agency. The department or agency may receive the 
        information, provided it transmits to the Secretary a report 
        regarding any individual who is denied a motor vehicle 
        operator's license by that department or agency for cause; 
        whose motor vehicle operator's license is revoked, suspended or 
        canceled by that department or agency for cause; or about whom 
        the department or agency has been notified of a conviction of 
        any of the motor vehicle-related offenses or comparable 
        offenses listed in subsection 30304(a)(3) and over whom the 
        department or agency has licensing authority. The report shall 
        contain the information specified in subsection 30304(b).
            ``(8) The head of a Federal department or agency authorized 
        to receive information regarding an individual from the 
        Register under this section may request and receive such 
        information from the Secretary.'';
            (3) by redesignating paragraphs (7) and (8) as paragraphs 
        (9) and (10); and
            (4) by striking ``paragraph (2)'' in paragraph (10), as 
        redesignated, and inserting ``subsection (a) of this section''.

SEC. 103. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Highway Safety Programs.--The following sums are authorized to 
be appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
            (1) Consolidated state highway safety programs.--
                    (A) For carrying out the State and Community 
                Highway Safety Program under section 402 of title 23, 
                United States Code, by the National Highway Traffic 
                Safety Administration, except for the incentive 
                programs under subsections (l) and (m) of that section, 
                $142,700,000 for fiscal year 1998, and $166,700 for 
                each of fiscal years 1999, 2000, 2001, and 2002, and 
                $171,034,000 for fiscal year 2003.
                    (B) To carry out the alcohol-impaired driving 
                countermeasures incentive grant provisions of 
                subsection (l) of section 402 of title 23, United 
                States Code, by the National Highway Traffic Safety 
                Administration, $35,000,000 for fiscal year 1998, 
                $39,000,000 for each of fiscal years 1999, 2000, and 
                2001, $46,000,000 for fiscal year 2002, and $49,000,000 
                for fiscal year 2003. Amounts made available to carry 
                out subsection (l) are authorized to remain available 
                until expended, provided that, in each fiscal year the 
                Secretary may reallocate any amounts remaining 
available under subsections (l) and (m) of section 402 of title 23, 
United States Code, as necessary to ensure, to the maximum extent 
possible, that States may receive the maximum incentive funding for 
which they are eligible under these programs.
                    (C) To carry out the occupant protection program 
                incentive grant provisions of section 410 of title 23, 
                United States Code, by the National Highway Traffic 
                Safety Administration, $20,000,000 for fiscal year 
                1998, $22,000,000 for each of fiscal years 1999, 2000, 
                and 2001, $24,000,000 for fiscal year 2002, and 
                $23,312,000 for fiscal year 2003. Amounts made 
                available to carry out subsection (m) are authorized to 
                remain available until expended, provided that, in each 
                fiscal year the Secretary may reallocate any amounts 
                remaining available under subsections (l) and (m) to 
                subsections (l), (n), and (o) of section 402 of title 
                23, United States Code, as necessary to ensure, to the 
                maximum extent possible, that States may receive the 
                maximum incentive funding for which they are eligible 
                under these programs.
                    (D) To carry out the State highway safety data 
                improvements incentive grant provisions of subsection 
                (n) of title 23, United States Code, by the National 
                Highway Traffic Safety Administration, $12,000,000 for 
                each of fiscal years 1998, 1999, 2000, and 2001. 
                Amounts made available to carry out subsection (n) are 
                authorized to remain available until expended.
                    (E) To carry out the drugged driving research and 
                demonstration programs of section 403(b)(1) of title 
                23, United States Code, by the National Highway Traffic 
                Safety Administration, $2,500,000 for each of fiscal 
                years 1999, 2000, 2001, and 2002, and $1,000,000 for 
                fiscal year 2003.
            (2) NHTSA operations and research.--For carrying out the 
        functions of the Secretary, by the National Highway Traffic 
        Safety Administration, for traffic and highway safety under (A) 
        section 403 of title 23, United States Code (Highway Safety 
        Research and Development), (B) Chapter 301 of Title 49, United 
        States Code (Motor Vehicle Safety), and (C) Part C of Subtitle 
        VI of Title 49, United States Code (Information, Standards, and 
        Requirements), there are authorized to be appropriated 
        $147,500,000, for each of fiscal years 1998, 1999, 2000, 2001, 
        and 2002, and $151,335,000 for fiscal year 2003.
            (3) National driver register.--For carrying out chapter 303 
        (National Driver Register) of title 49, United States Code, by 
        the National Highway Traffic Safety Administration, there are 
        authorized to be appropriated under section 30308(a) of such 
        chapter $2,300,000 for each of fiscal years 1998, 1999, 2000, 
        2001, and 2002, and $2,360,000 for fiscal year 2003.

SEC. 104. GLOBAL ENVIRONMENTAL AND SAFETY STANDARDS FOR VEHICLES.

    (a) Development of A Global Registry.--The Secretary of 
Transportation (hereinafter in this section referred to as the 
``Secretary'') and the Administrator of the Environmental Protection 
Agency (hereinafter in this section referred to as the 
``Administrator'') may participate in the development of an 
international compendium of national motor vehicle standards, including 
both safety and environmental standards.
    (b) Promotion of International Cooperative Programs.--The Secretary 
or Administrator may participate in activities to promote international 
cooperative programs for conducting research, development, 
demonstration projects, training, and other forms of technology 
transfer and exchange, including safety conferences, seminars, and 
expositions, to enhance international motor vehicle safety, and provide 
technical assistance to other countries relating to their adoption of 
United States Federal standards for vehicles. This effort shall not 
reduce or diminish the Secretary's or Administrator's obligation to 
conduct research on issues of vehicle safety, environmental protection, 
and testing relevant to the operation of vehicles in the United States.
    (c) International Harmonization of Safety and Environmental 
Regulation of Vehicles.--
            (1) In general.--The Secretary and the Administrator may 
        participate in international negotiations (including working 
        parties, other international bodies, and panels of experts) and 
        may agree to harmonized rules for vehicular safety and 
        environmental pollution if the United States position to be 
        taken in such an international negotiation is developed in 
        accordance with paragraphs (2), (3), and (4).
            (2) Adoption of higher global standards.--The Secretary or 
        Administrator may adopt the global standard if the Secretary or 
        Administrator determines that--
                    (A) in light of the Secretary's or Administrator's 
                determination under both subparagraphs (B) and (C), the 
                harmonized standard provides an overall higher level of 
                safety performance or environmental protection than the 
                comparable United States standard;
                    (B) the harmonized standard or any portion of the 
                standard provides a unique or higher level of safety or 
                environmental performance than the comparable United 
                States standard;
                    (C) the comparable United States standard or any 
                portion thereof does not provide a unique or higher 
                level of safety or environmental performance not 
                contained in the harmonized standard;
                    (D) it is adopted through a rulemaking procedure 
                conducted in accordance with the provisions of chapters 
                5 and 7 of title 5, United States Code, relating to 
                rulemaking; and
                    (E) the requirements of subsections (d) and (e) are 
                met.
            (3) Actual benefits to be weighed.--In making the 
        determinations under paragraph (2), the Secretary or the 
        Administrator shall take into account the overall safety and 
        environmental benefits that will accrue to users under real-
        world driving conditions from adoption of a harmonized 
        standard.
            (4) Retention of higher domestic standards.--Any standard 
        adopted by the Secretary or the Administrator under paragraph 
        (2) shall retain those portions of the comparable United States 
        standard determined by the Secretary or the Administrator, 
        under paragraph (2)(C), to provide unique practices or levels 
        of safety performance or environmental protection not contained 
        in the global standard.
    (d) General Requirements.--
            (1) Public disclosure of all matter.--Notwithstanding any 
        provision of law, any documentation, proposal, negotiating 
        document, internal discussion memorandum, meeting notes, 
        correspondence (including electronic mail), and submissions 
        from the private sector in connection with such negotiations 
        received by the Secretary or the Administrator shall be made 
        available to the public through a docket published by the 
        Department of Transportation or the Environmental Protection 
        Agency.
            (2) Notice of meetings; public comment.--Not less than 90 
        days before any bilateral or multilateral harmonization meeting 
        attended by the Secretary or the Administrator (or their 
        delegates) is scheduled to be held, the Secretary or the 
        Administrator, or both, as appropriate--
                    (A) shall publish notice of the purpose of the 
                meeting in the Federal Register under the heading 
                ``Harmonization and Equivalence''; and
                    (B) shall establish a public docket number and hold 
                a hearing in accordance with the provisions of chapter 
                5 of title 5, United States Code, on the subject matter 
                of the meeting.
    (e) World Trade Organization Action Foreclosed.--Before the United 
States may enter into any international agreement or agree to any 
standard-setting procedure, the agreement shall provide that any 
existing or future State standard or future United States Federal 
standard that is higher, more stringent, or more rigorous than the 
standard to be established by that agreement or procedure--
            (1) may not be challenged before the World Trade 
        Organization or any other international organization on the 
        basis of a higher level of protection or its means of 
        implementation; or
            (2) shall contain the following clause, and other necessary 
        safeguards: ``any domestic standard providing a higher level of 
        protection is not actionable before the World Trade 
        Organization or other international organization on the basis 
        of its level of protection or its means of implementation''.
    (f) Use of International Standards in Domestic Proceedings.--In any 
domestic proceeding, any agreement or standard setting procedure 
(arrived at or being negotiated) shall not be cited or used by the 
United States as a rationale for opposing efforts to provide for a 
greater or different level of protection.

SEC. 105. AMENDMENTS TO CHAPTER 323 (CONSUMER INFORMATION).

    Section 32302 is amended by striking subsection (c).

SEC. 106. 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. 107. AMENDMENTS TO CHAPTER 331 (THEFT PREVENTION).

    Section 33104(a)(6) is repealed.

SEC. 108. DEALER NOTIFICATION PROGRAM FOR PROHIBITED SALE OF 
              NONQUALIFYING VEHICLES FOR USE AS SCHOOLBUSES.

    Section 30112 is amended by adding at the end thereof the 
following:
    ``(c) Notification Program for Dealers Concerning Sales of Vehicles 
as Schoolbuses.--Not later than September 1, 1998, the Secretary shall 
develop and implement a program to notify dealers and distributors in 
the United States that subsection (a) prohibits the sale or delivery of 
any vehicle for use as a schoolbus (as that term is defined in section 
30125(a)(1) of this title) that does not meet the standards prescribed 
under section 30125(b) of this title.''.

      TITLE II--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

SEC. 201. SHORT TITLE.

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

SEC. 202. FINDINGS AND PURPOSES; DEFINITIONS.

    (a) Findings and Purposes.--Section 5101 is amended to read as 
follows:
``Sec. 5101. Findings and purposes
    ``(a) Findings.--The Congress finds with respect to hazardous 
materials transportation that--
            ``(1) approximately 4 billion tons of regulated hazardous 
        materials are transported each year and that approximately 
        500,000 movements of hazardous materials occur each day, 
        according to the Department of Transportation estimates;
            ``(2) accidents involving the release of hazardous 
        materials are a serious threat to public health and safety;
            ``(3) many States and localities have enacted laws and 
        regulations that vary from Federal laws and regulations 
        pertaining to the transportation of hazardous materials, 
        thereby creating the potential for unreasonable hazards in 
        other jurisdictions and confounding shippers and carriers that 
        attempt to comply with multiple and conflicting registration, 
        permitting, routings, notification, loading, unloading, 
        incidental storage, and other regulatory requirements;
            ``(4) because of the potential risks to life, property and 
        the environment posed by unintentional releases of hazardous 
        materials, consistency in laws and regulations governing the 
        transportation of hazardous materials, including loading, 
        unloading, and incidental storage, is necessary and desirable;
            ``(5) in order to achieve greater uniformity and to promote 
        the public health, welfare, and safety at all levels, Federal 
        standards for regulating the transportation of hazardous 
        materials in intrastate, interstate, and foreign commerce are 
        necessary and desirable;
            ``(6) in order to provide reasonable, adequate, and cost-
        effective protection from the risks posed by the transportation 
        of hazardous materials, a network of adequately trained State 
        and local emergency response personnel is required;
            ``(7) the movement of hazardous materials in commerce is 
        necessary and desirable to maintain economic vitality and meet 
        consumer demands, and shall be conducted in a safe and 
        efficient manner; and
            ``(8) primary authority for the regulation of such 
        transportation should be consolidated in the Department of 
        Transportation to ensure the safe and efficient movement of 
        hazardous materials in commerce.
            ``(9) emergency response personnel have a continuing need 
        for training on responses to releases of hazardous materials in 
        transportation and small businesses have a continuing need for 
        training on compliance with hazardous materials regulations.
    ``(b) Purposes.--The purposes of this chapter are--
            ``(1) to ensure the safe and efficient transportation of 
        hazardous materials in intrastate, interstate, and foreign 
        commerce, including the loading, unloading, and incidental 
        storage of hazardous material;
            ``(2) to provide the Secretary with preemption authority to 
        achieve uniform regulation of hazardous material 
        transportation, to eliminate inconsistent rules that apply 
        differently from Federal rules, to ensure efficient movement of 
        hazardous materials in commerce, and to promote the national 
        health, welfare, and safety; and
            ``(3) to ensure adequate training of hazardous materials 
        emergency responders, including small businesses involved in 
        hazardous materials transportation.''.
    (b) Definitions.--Section 5102 is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(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 striking paragraphs (3) and (4) and inserting the 
        following:
            ``(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.
            ``(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.'';
            (3) by striking ``title.'' in paragraph (7) and inserting 
        ``title, except that a freight forwarder is included only if 
        performing a function related to highway transportation.'';
            (4) by redesignating paragraphs (9) through (13) as 
        paragraphs (12) through (16);
            (5) by inserting after paragraph (8) the following:
            ``(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
            (6) by striking ``or transporting hazardous material to 
        further a commercial enterprise;'' in paragraph 12(A), as 
        redesignated by paragraph (4) of this subsection, and inserting 
        a comma and ``transporting hazardous material to further a 
        commercial enterprise, or manufacturing, reconditioning, or 
        testing containers, drums, or other packagings represented as 
        qualified for use in transporting hazardous material''.
    (c) Clerical Amendment.--The chapter analysis of chapter 51 is 
amended by striking the item relating to section 5101 and inserting the 
following:

``5101. Findings and purposes.''.

SEC. 203. HANDLING CRITERIA REPEAL.

    Section 5106 is repealed and the chapter analysis of chapter 51 is 
amended by striking the item relating to that section.

SEC. 204. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

    Section 5107(f)(2) is amended by striking ``and sections 5106, 
5108(a)-(g)(1) and (h), and''.

SEC. 205. REGISTRATION.

    Section 5108 is amended--
            (1) by striking subsection (b)(1)(C) and inserting the 
        following:
                    ``(C) each State in which the person carries out 
                any of the activities.'';
            (2) by striking subsection (c) and inserting the following:
    ``(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) by striking ``552(f)'' in subsection (f) and inserting 
        ``552(b)''; and
            (4) by striking ``may'' in subsection (g)(1) and inserting 
        ``shall''.
            (5) by amending section (i)(2)(B) by adding ``an Indian 
        tribe'' after ``State,''

SEC. 206. HIGHWAY TRANSPORTATION OF HAZARDOUS MATERIALS.

    (a) In General.--Section 5109 is amended to read as follows:
``Sec. 5109. Hazardous materials pilot program
    ``(a) 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.
    ``(b) Hazardous Materials Covered.--The Secretary shall determine 
the hazardous materials to be covered by the pilot program. The 
Secretary may limit materials to--
            ``(1) class 1.1, 1.2, or 1.3 explosives;
            ``(2) liquefied natural gas;
            ``(3) hazardous materials the Secretary designates as 
        extremely toxic by inhalation;
            ``(4) a highway route controlled quantity of radioactive 
        material, as defined by the Secretary; or
            ``(5) any other hazardous material designated by the 
        Secretary under section 5103(a) of this title.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 51 is 
amended by striking the item relating to section 5109 and inserting the 
following:

``5109. Hazardous materials pilot program.''.

SEC. 207. SHIPPING PAPER RETENTION.

    Section 5110(e) is amended by striking the first sentence and 
inserting ``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. 208. PUBLIC SECTOR TRAINING CURRICULUM.

    Section 5115 is amended--
            (1) by striking ``Development and updating.--Not later than 
        November 16, 1992, in'' in subsection (a) and inserting 
        ``Updating.--In'';
            (2) by striking ``develop and'' in the first sentence of 
        subsection (a);
            (3) by striking the second sentence of subsection (a);
            (4) by striking ``developed'' in the first sentence of 
        subsection (b);
            (5) by inserting ``or involving an alternative fuel 
        vehicle'' after ``material'' in subparagraphs (A) and (B) of 
        subsection (b)(1); and
            (6) by striking subsection (d) and inserting the following:
    ``(d) Distribution and Publication.--With the national response 
team, the Secretary of Transportation may publish a list of programs 
that use a course developed under this section for training public 
sector employees to respond to an accident or incident involving the 
transportation of hazardous material.''.

SEC. 209. PLANNING AND TRAINING GRANTS.

    Section 5116 is amended--
            (1) by striking ``of'' in the second sentence of subsection 
        (e) and inserting ``received by'';
            (2) by striking subsection (f) and inserting the following:
    ``(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 at the end thereof the following:
            ``(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. 210. SPECIAL PERMITS AND EXCLUSIONS.

    (a) Section 5117 is amended--
            (1) by striking the section caption and inserting the 
        following:
``Sec. 5117. Special permits and exclusions'';
            (2) by striking ``exemption'' each place it appears and 
        inserting ``special permit'';
            (3) by inserting ``authorizing variances'' after ``special 
        permit'' the first place it appears; and
            (4) by striking ``2'' and inserting ``4'' in subsection 
        (a)(2).
    (b) The chapter analysis for chapter 51 is amended by striking the 
item related to section 5117 and inserting the following:

``5117. Special permits and exclusions.''.

SEC. 211. COOPERATIVE AGREEMENTS.

    Section 5121, as amended by section 211(a), is further amended by 
adding at the end thereof the following:
    ``(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. 212. ENFORCEMENT.

    Section 5122, as amended by section 211(b), is further amended--
            (1) by inserting ``inspect,'' after ``may'' in the first 
        sentence of subsection (a);
            (2) by striking the last sentence of subsection (a) and 
        inserting: ``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.'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (f) and (g), and inserting after subsection (c) the following:
    ``(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. 213. PENALTIES.

    (a) Section 5123(a)(1) is amended by striking the first sentence 
and inserting the following: ``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) In 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. 214. PREEMPTION.

    (a) Requirements Contrary to Purposes of Chapter.--Section 
5125(a)(2) is amended by inserting a comma and ``the purposes of this 
chapter,'' after ``this chapter'' the first place it appears.
    (b) Deadwood.--Section 5125(b)(2) is amended by striking 
``prescribes after November 16, 1990.'' and inserting ``prescribes.''.
    (c) Add Sec. 5125(h) as follows: ``Relationship to Other Law.--No 
preemption authority established by subsection (a), (b), (c) or (g) of 
this section, or section 5119(a) of this chapter, shall be construed to 
limit or be limited by any other preemption authority of this section 
or chapter.

SEC. 215. JUDICIAL REVIEW.

    (a) Chapter 51 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) The chapter analysis for chapter 51 is amended by striking the 
item related to section 5127 and inserting the following:

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

SEC. 216. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

    (a) In General.--Chapter 51, as amended by section 216 of this Act, 
is amended by redesignating section 5128 as section 5129 and by 
inserting after section 5127 the following:
``Sec. 5128. High risk hazardous material; motor carrier safety study
    ``(a) Study.--The Secretary of Transportation shall conduct a 
study--
            ``(1) to determine the safety benefits and administrative 
        efficiency of implementing a Federal permit program for high 
        risk hazardous material carriers;
            ``(2) to identify and evaluate alternative regulatory 
        methods and procedures that may improve the safety of high risk 
        hazardous material carriers and shippers;
            ``(3) to examine the safety benefits of increased 
        monitoring of high risk hazardous material carriers, and the 
        costs, benefits, and procedures of existing State permit 
        programs;
            ``(4) to make such recommendations as may be appropriate 
        for the improvement of uniformity among existing State permit 
        programs; and
            ``(5) to assess the potential of advanced technologies for 
        improving the assessment of high risk hazardous material 
        carriers' compliance with motor carrier safety regulations.
    ``(b) Timeframe.--The Secretary shall begin the study required by 
subsection (a) within 6 months after the date of enactment of the 
Surface Transportation Safety Act of 1997 and complete it within 30 
months.
    ``(c) Report.--The Secretary shall report the findings of the study 
required by subsection (a), together with such recommendations as may 
be appropriate, within 36 months after the date of enactment of that 
Act.''.
    (b) Section 5109 Regulations to Reflect Study Findings.--Section 
5109(h) is amended by striking ``not later than November 16, 1991.'' 
and inserting ``based upon the findings of the study required by 
section 5128(a).''.
    (c) Conforming Amendment.--The chapter analysis for chapter 51, as 
amended by section 216, is amended by striking the item relating to 
section 5128 and inserting the following:

``5128. High risk hazardous material; motor carrier safety study.
``5129. Authorization of appropriations.''.

SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

    Section 5129, as redesignated, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(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).'';
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(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.
    ``(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) by 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
            (3) striking subsection (e) and inserting the following:
    ``(e) Uniform Forms and Procedures.--Not more than $250,000 may be 
appropriated to the Secretary of Transportation for each of fiscal 
years 1998, 1999, and 2000 for making grants under section 5119(c).''.

                TITLE III--SANITARY FOOD TRANSPORTATION

SEC. 301. SHORT TITLE.

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

SEC. 302. 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. 303. 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:
    ``(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:

``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 
                or 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 interstate 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 this 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) Amendment of chapter vii.--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.--The second proviso of section 
        703 of the Act (21 U.S.C. 373) is amended by inserting ``, 
unless otherwise explicitly provided,'' after ``That''.
    (d) Prohibited Acts.--
            (1) amendment of section 301(c).--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. 304. DEPARTMENT OF TRANSPORTATION REQUIREMENTS.

    Chapter 57 relating to sanitary food transportation, is amended 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 the Federal Food, Drug, and Cosmetic Act 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 Secretary of Transportation may 
carry out notification under subsection (b) by transmittal of reports 
of inspections conducted in accordance with such procedures by State 
employees using funds authorized to be appropriated under sections 
31102 through 31104 of this title.''.

SEC. 305. EFFECTIVE DATE.

    Unless otherwise specified, the provisions of this title take 
effect on October 1, 1997.

         TITLE IV--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM

SEC. 401. SHORT TITLE.

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

SEC. 402. 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. 403. 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 freight 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--
                    ``(A) 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;
                    ``(B) imprisoned for life if the railroad train 
                involved was carrying passengers at the time of the 
                offense; and
                    ``(C) 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 5 
        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 paragraph (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 5 
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. 404. 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 5 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 5 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. 405. INVESTIGATIVE JURISDICTION.

    The Federal Bureau of Investigation shall lead the investigation of 
all offenses under sections 1192 and 1994 of title 18, United States 
Code. The Federal Bureau of Investigation shall cooperate 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 V--RAIL AND MASS TRANSPORTATION SAFETY

SEC. 501. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO COMMUTER 
              RAILROADS.

    Section 5329 is amended by adding at the end the following:
    ``(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. 502. RAILROAD ACCIDENT AND INCIDENT REPORTING.

    Section 20901(a) 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. 503. 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 inserting ``January 1, 2003''.

                     TITLE VI--MOTOR CARRIER SAFETY

    Subtitle A--State Grants and Other Commmercial Vehicle Programs

SEC. 601. STATEMENT OF PURPOSE.

    Chapter 311 is amended--
            (1) by inserting before section 31101 the following:
``Sec. 31100. Purpose
    ``The purposes of this subchapter are--
            ``(1) to improve commercial motor vehicle and driver 
        safety;
            ``(2) to facilitate efforts by the Secretary, States, and 
        other political jurisdictions, working in partnership, to focus 
        their resources on strategic safety investments;
            ``(3) to increase administrative flexibility;
            ``(4) to strengthen enforcement activities;
            ``(5) to invest in activities related to areas of the 
        greatest crash reduction;
            ``(6) to identify high risk carriers and drivers; and
            ``(7) to improve information and analysis systems.''; and
            (2) by inserting before the item relating to section 31101 
        in the chapter analysis for chapter 311 the following:

``Sec. 31100. Purposes.''.

SEC. 602. GRANTS TO STATES.

    (a) Performance-based Grants.--Section 31102 is amended--
            (1) by inserting ``improving motor carrier safety and'' in 
        subsection (a) after ``programs for''; and
            (2) by striking ``adopt and assume responsibility for 
        enforcing'' in the first sentence of paragraph (b)(1) and 
        inserting ``assume responsibility for improving motor carrier 
        safety and to adopt and enforce''.
    (b) Hazardous Materials.--Section 31102 is amended--
            (1) by inserting a comma and ``hazardous materials 
        transportation safety,'' after ``commercial motor vehicle 
        safety'' in subsection (a); and
            (2) by inserting a comma and ``hazardous materials 
        transportation safety,'' in the first sentence of subsection 
        (b) after ``commercial motor vehicle safety''.
    (c) Contents of State Plans.--Section 31102(b)(1) is amended--
            (1) by redesignating subparagraphs (A) through (Q) as 
        subparagraphs (B) through (R), respectively;
            (2) by inserting before subparagraph (B), as redesignated, 
        the following:
                    ``(A) implements performance-based activities by 
                fiscal year 2003;''
            (3) by inserting ``(1)'' in subparagraph (K), as 
        redesignated, after ``(c)''; and
            (4) by striking subparagraphs (L) and (M), as redesignated, 
        and inserting the following:
                    ``(L) ensures consistent, effective, and reasonable 
                sanctions;
                    ``(M) ensures that the State agency will coordinate 
                the plan, data collection, and information systems with 
                the State highway safety programs under title 23;
            (5) by striking subparagraph (O), as redesignated;
            (6) by striking ``activities--'' in subparagraph (P), as 
        redesignated, and inserting ``activities in support of national 
        priorities and performance goals including--'';
            (7) by striking ``to remove'' in clause (i) of subparagraph 
        (P), as redesignated, and inserting ``activities aimed at 
        removing'';
            (8) by striking ``to provide'' in clause (ii) of 
        subparagraph (P), as redesignated, and inserting ``activities 
        aimed at providing'';
            (9) by inserting ``and'' after the semicolon in clause (ii) 
        of subparagraph (P), as redesignated;
            (10) by striking clauses (iii) and (iv) of subparagraph 
        (P), as redesignated;
            (11) by inserting after clause (ii) of subparagraph (P), as 
        redesignated, the following:
                            ``(iii) interdiction activities affecting 
                        the transportation of controlled substances by 
                        commercial motor vehicle drivers and training 
                        on appropriate strategies for carrying out 
                        those interdiction activities.''; and
            (12) by striking subparagraph (Q), as redesignated, and 
        redesignating subparagraph (R), as redesignated, as 
        subparagraph (Q).

SEC. 603. FEDERAL SHARE.

    Section 31103 is amended--
            (1) by inserting before ``The Secretary of Transportation'' 
        the following:
    ``(a) Commercial Motor Vehicle Safety Programs and Enforcement.--
'';
            (2) by inserting ``improve commercial motor vehicle safety 
        and'' in the first sentence before ``enforce''; and
            (3) by adding at the end the following:
    ``(b) Other Activities.--The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent for 
those activities identified in 31104(f)(2).''.

SEC. 604. AVAILABILITY OF AMOUNTS.

    (a) In General.--Section 31104(a) is amended to read as follows:
    ``(a) General.--Subject to section 9503(c)(1) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), there are available from 
the Highway Trust Fund (except the Mass Transit Account) for the 
Secretary of Transportation to incur obligations to carry out section 
31102 of this title, not more than $83,000,000 for each of the fiscal 
years ending September 30, 1998, 1999, 2000, 2001, 2002, and 2003.''.
    (b) Availability and Reallocation.--Section 31104(b)(2) is amended 
to read as follows:
            ``(2) Amounts made available under section 4002(e)(1) and 
        (2) of the Intermodal Surface Transportation Efficiency Act of 
        1991 before October 1, 1996, that are not obligated on October 
        1, 1997, are available for obligation under paragraph (1) of 
        this subsection.''.
    (c) Allocation Criteria.--Section 31104(f) is amended to read as 
follows:
    ``(f) Allocation Criteria and Eligibility.--
            ``(1) On October 1 of each fiscal year or as soon after 
        that date as practicable, the Secretary, after making the 
        deduction described in subsection (e) of this section, shall 
        allocate, under criteria the Secretary prescribes through 
        regulation, the amounts available for that fiscal year among 
        the States with plans approved under section 31102 of this 
        title.
            ``(2) The Secretary may designate up to 12 percent of such 
        amounts to reimburse States for border commercial motor vehicle 
        safety programs and enforcement and other high priority 
        activities and projects. These amounts may be allocated by the 
        Secretary to State agencies and local governments, that use 
        trained and qualified officers and employees, and to other 
        persons, in coordination with State motor vehicle safety 
        agencies, for the improvement of commercial motor vehicle 
        safety.''.
    (d) Other Amendments.--
            (1) Section 31104 is amended by striking subsection (g) and 
        redesignating subsection (h) as subsection (g).
            (2) Section 31104(j) is amended by striking ``tolerance'' 
        in the first sentence.
            (3) Section 31104 is amended by striking subsection (i) and 
        redesignating subsection (j) as subsection (h).

SEC. 605. INFORMATION SYSTEMS AND STRATEGIC SAFETY INITIATIVES.

    Section 31106 is amended to read as follows:
``Sec. 31106. Information Systems and Strategic Safety Initiatives
    ``(a) Information Systems.--
            ``(1) In general.--The Secretary is authorized to establish 
        motor carrier information systems and data analysis programs to 
        support motor carrier regulatory and enforcement activities 
        required under this title. In cooperation with the States, the 
        information systems shall be coordinated into a network 
        providing identification of motor carriers and drivers, 
        registration and licensing tracking, and motor carrier and 
        driver safety performance. The Secretary shall develop and 
        maintain data analysis capacity and programs to provide the 
        means to develop strategies to address safety problems and to 
        use data analysis to measure the effectiveness of these 
        strategies and related programs; to determine the cost 
        effectiveness of State and Federal safety compliance, 
        enforcement programs, and other countermeasures; to evaluate 
        the safety fitness of motor carriers and drivers; to identify 
        and collect necessary data; and to adapt, improve, and 
        incorporate other information and information systems as deemed 
        appropriate by the Secretary.
            ``(2) Performance and registration information system 
        management.--
                    ``(A) The Secretary may include as part of the 
                information system authorized under paragraph (1), an 
                information system, to be called the Performance and 
                Registration Information System Management, to serve as 
                a clearinghouse and repository of information related 
                to State registration and licensing of commercial motor 
                vehicles and the safety system of the commercial motor 
                vehicle registrants or the motor carriers operating the 
                vehicles. The Secretary may include in the system 
                information on the safety fitness of each of the motor 
                carriers and registrants and other information the 
                Secretary considers appropriate, including information 
                on vehicle, driver, and motor carrier safety 
                performance.
                    ``(B) The Secretary may prescribe technical and 
                operational standards to ensure--
                            ``(i) uniform, timely and accurate 
                        information collection and reporting by the 
                        States necessary to carry out this system;
                            ``(ii) uniform State and Federal procedures 
                        and policies necessary to operate the 
                        Commercial Vehicle Information System; and
                            ``(iii) the availability and reliability of 
                        the information to the States and the Secretary 
                        from the information system.
                    ``(C) The system shall link the Federal motor 
                carrier safety systems with State driver and commercial 
                vehicle registration and licensing systems, and shall 
                be designed--
                            ``(i) to enable a State, when issuing 
                        license plates or throughout the registration 
                        period for a commercial motor vehicle, to 
                        determine, through the use of the information 
                        system, the safety fitness of the registrant or 
                        motor carrier;
                            ``(ii) to allow a State to decide, in 
                        cooperation with the Secretary, the types of 
                        sanctions that may be imposed on the registrant 
                        or motor carrier, or the types of conditions or 
                        limitations that may be imposed on the 
                        operations of the registrant or motor carrier 
                        that will ensure the safety fitness of the 
                        registrant or motor carrier;
                            ``(iii) to monitor the safety fitness of 
                        the registrant or motor carrier during the 
                        registration period; and
                            ``(iv) to require the State, as a condition 
                        of participation in the system, to implement 
                        uniform policies, procedures, and standards, 
                        and to possess or seek authority to impose 
                        commercial motor vehicle registration sanctions 
                        on the basis of a Federal safety fitness 
                        determination.
                    ``(D) Of the amounts available for expenditure 
                under this section, not more than $6,000,000 in each of 
                fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 may 
                be made available to carry out paragraph (a)(2) of this 
                section. The Secretary may authorize the operation of 
                the information system by contract, through an 
                agreement with one or more States, or by designating, 
                after consultation with the States, a third party that 
                represents the interests of the States.
    ``(b) Commercial Motor Vehicle Driver Safety Program.--The 
Secretary is authorized to establish a program focusing on improving 
commercial motor vehicle driver safety. The objectives of the program 
shall include--
            ``(1) enhancing the exchange of driver licensing 
        information among the States and among the States, the Federal 
        Government, and foreign countries;
            ``(2) providing information to the judicial system on the 
        commercial motor vehicle driver licensing program; and
            ``(3) evaluating any aspect of driver performance and 
        safety as deemed appropriate by the Secretary.
    ``(c) Cooperative Agreements, Grants, and Contracts.--The Secretary 
may carry out this section either independently or in cooperation with 
other Federal departments, agencies, and instrumentalities, or by 
making grants to and entering into contracts and cooperative agreements 
with States, localities, associations, institutions, corporations 
(profit or nonprofit) or other persons.''.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    Section 31107 is amended to read as follows:
``Sec. 31107. Authorization of appropriations for information systems 
              and strategic safety initiatives
    ``(a) General.--There shall be available from the Highway Trust 
Fund (other than the Mass Transit Account) for the Secretary to incur 
obligations to carry out section 31106 of this title the sum of $17 
million for each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 
2003. The amounts made available under this subsection shall remain 
available until expended.
    ``(b) Contract Authority.--Approval by the Secretary of a grant 
under this section imposes upon the United States Government a 
contractual obligation for payment of the Government's share of costs 
incurred in carrying out the objectives of the grant.''.

SEC. 607. CONFORMING AMENDMENTS.

    The chapter analysis for chapter 311 is amended--
            (1) by striking the heading for subchapter I and inserting 
        the following:

    ``Subchapter I. State Grants and Other Commercial Motor Vehicle 
                              Programs.'';

        and
            (2) by striking the items relating to sections 31106 and 
        31107 and inserting the following:

``31106. Information Systems and Strategic Safety Initiatives.
``31107. Authorization of Appropriations for Information Systems and 
                            Strategic Safety Initiatives.''.

              Subtitle B--Motor Carrier Safety Act of 1997

SEC. 651. SHORT TITLE.

    This subtitle may be cited as the ``Motor Carrier Safety Act of 
1997''.

SEC. 652. SAFETY REGULATIONS.

    (a) Repeal of Review Panel.--Subchapter III of chapter 311 is 
amended--
            (1) by striking sections 31134 and 31140; and
            (2) by striking the items relating to sections 31134 and 
        31140 in the chapter analysis for that chapter.
    (b) Review Procedure.--
            (1) In general.--Section 31141 is amended--
                    (A) by striking subsection (b) and redesignating 
                subsections (c), (d), (e), (f), (g), and (h) as 
                subsections (b), (c), (d), (e), (f), and (g), 
                respectively;
                    (B) by striking so much of subsection (b), as 
                redesignated, as precedes paragraph (2) and inserting 
                the following:
    ``(b) Review and Decisions by the Secretary.--
            ``(1) The Secretary shall review the laws and regulations 
        on commercial motor vehicle safety in effect in each State, and 
        decide--
                    ``(A) whether the State law or regulation--
                            ``(i) has the same effect as a regulation 
                        prescribed by the Secretary under section 31136 
                        of this title;
                            ``(ii) is less stringent than that 
                        regulation; or
                            ``(iii) is additional to or more stringent 
                        than that regulation; and
                    ``(B) for each State law or regulation which is 
                additional to or more stringent than the regulation 
                prescribed by the Secretary, whether--
                            ``(i) the State law or regulation has no 
                        safety benefit;
                            ``(ii) the State law or regulation is 
                        incompatible with the regulation prescribed by 
                        the Secretary under section 31136 of this 
                        title; or
                            ``(iii) enforcement of the State law or 
                        regulation would cause an unreasonable burden 
                        on interstate commerce.'';
                    (C) by striking paragraph (5) of subsection (b)(5), 
                as redesignated, and inserting the following:
            ``(5) In deciding under paragraph (4) of this subsection 
        whether a State law or regulation will cause an unreasonable 
        burden on interstate commerce, the Secretary may consider the 
        effect on interstate commerce of implementation of all similar 
        laws and regulations of other States.'';
                    (D) by striking subsections (d) and (e), as 
                redesignated, and inserting the following:
    ``(d) Written Notice of Decisions.--The Secretary shall give 
written notice of the decision under subsection (b) of this section to 
the State concerned.''; and
                    (E) by redesignating subsections (f) and (g), as 
                redesignated, as subsections (e) and (f), respectively.
            (2) Conforming changes.--
                    (A) The caption of section 31141 of such title is 
                amended to read as follows:
``Sec. 31141. Preemption of State laws and regulations''.
                    (B) The chapter analysis of chapter 311 of such 
                title is amended by striking the item relating to 
                section 31141 and inserting the following:

``31141. Preemption of State laws and regulations.''.
    (c) Inspection of Vehicles.--
            (1) Section 31142 is amended--
                    (A) by striking ``part 393 of title 49, Code of 
                Federal Regulations'' in subsection (a) and inserting 
                ``regulations issued pursuant to section 31135 of this 
                title''; and
                    (B) by striking subsection (c)(1)(C) and inserting 
                the following:
                    ``(C) prevent a State from participating in the 
                activities of a voluntary group of States enforcing a 
                program for inspection of commercial motor vehicles; 
                or''.
            (2) Subchapter IV of chapter 311 is amended--
                    (A) by striking sections 31161 and 31162; and
                    (B) by striking the items relating to sections 
                31161 and 31162 in the chapter analysis for that 
                chapter.
            (3) Section 31102(b)(1) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (P);
                    (B) by striking ``thereunder.'' in subparagraph (Q) 
                and inserting ``thereunder; and''; and
                    (C) by adding at the end thereof the following:
                    ``(R) provides that the State will establish a 
                program (i) to ensure the proper and timely correction 
                of commercial motor vehicle safety violations noted 
                during an inspection carried out with funds authorized 
                under section 31104 of this title; and (ii) to ensure 
                that information is exchanged among the States in a 
                timely manner.''.
    (d) Safety Fitness of Owners and Operators.--Section 31144 is 
amended to read as follows:
``Sec.  31142. Safety fitness of owners and operators
    ``(a) Procedure.--The Secretary of Transportation shall maintain in 
regulation a procedure for determining the safety fitness of owners and 
operators of commercial motor vehicles, including persons seeking new 
or additional operating authority as motor carriers under section 13902 
of this title. The procedure shall include--
            ``(1) specific initial and continuing requirements to be 
        met by the owners, operators, and other persons to demonstrate 
        safety fitness;
            ``(2) a means of deciding whether the owners, operators, or 
        other persons meet the safety requirements under paragraph (1) 
        of this subsection; and
            ``(3) specific time deadlines for action by the Secretary 
        in making fitness decisions.
    ``(b) Prohibited Transportation.--Except as provided in sections 
521(b)(5)(A) and 5113 of this title, a motor carrier that fails to meet 
the safety fitness requirements established under subsection (a) of 
this section may not operate in interstate commerce beginning on the 
61st day after the date of the determination by the Secretary that the 
motor carrier fails to meet the safety fitness requirements and until 
the motor carrier meets the safety fitness requirements. The Secretary 
may, for good cause shown, provide a carrier with up to an additional 
60 days to meet the safety fitness requirements.
    ``(c) Rating Review.--The Secretary shall review the factors that 
resulted in a motor carrier failing to meet the safety fitness 
requirements not later than 45 days after the motor carrier requests a 
review.
    ``(d) Government Use Prohibited.--A department, agency, or 
instrumentality of the United States Government may not use a motor 
carrier that does not meet the safety fitness requirements.
    ``(e) Public Availability; Updating of Fitness Determinations.--The 
Secretary shall amend the motor carrier safety regulations in 
subchapter B of chapter III of title 49, Code of Federal Regulations, 
to establish a system to make readily available to the public, and to 
update periodically, the safety fitness determinations of motor 
carriers made by the Secretary.
    ``(f) Penalties.--The Secretary shall prescribe regulations setting 
penalties for violations of this section consistent with section 521 of 
this title.''.
    (e) Safety Fitness of Passenger and Hazardous Material Carriers.--
            (1) In general.--Section 5113 is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Prohibited Transportation.--
            ``(1) A motor carrier that fails to meet the safety fitness 
        requirements established under subsection 31144(a) of this 
        title may not operate a commercial motor vehicle (as defined in 
        section 31132 of this title)--
                    ``(A) to transport hazardous material for which 
                placarding of a motor vehicle is required under 
                regulations prescribed under this chapter; or
                    ``(B) to transport more than 15 individuals.
            ``(2) The prohibition in paragraph (1) of this subsection 
        applies beginning on the 46th day after the date on which the 
        Secretary determines that a motor carrier fails to meet the 
        safety fitness requirements and applies until the motor carrier 
        meets the safety fitness requirements.'';
                    (B) by striking ``Rating''  in the caption of 
                subsection (b) and inserting ``Fitness'';
                    (C) by striking ``receiving an unsatisfactory 
                rating'' in subsection (b) and inserting ``failing to 
                meet the safety fitness requirements'';
                    (D) by striking ``has an unsatisfactory rating from 
                the Secretary'' in subsection (c) and inserting 
                ``failed to meet the safety fitness requirements'';
                    (E) by striking ``Ratings''  in the caption of 
                subsection (d) and inserting ``Fitness 
                Determinations'';
                    (F) by striking ``, in consultation with the 
                Interstate Commerce Commission,'' in subsection (d); 
                and
                    (G) by striking ``ratings of motor carriers that 
                have unsatisfactory ratings from'' in subsection (d) 
                and inserting ``fitness determinations of motor 
                carriers made by''.
            (2) Conforming amendments.--
                    (A) The caption of section 5113 of such chapter is 
                amended to read as follows:
``Sec. 5113. Safety fitness of passenger and hazardous material 
              carriers''.
                    (B) The chapter analysis for such chapter is 
                amended by striking the item relating to section 5113 
                and inserting the following:

``5113. Safety fitness of passenger and hazardous material carriers.''.
    (f) Definitions.--
            (1) Section 31101(1) is amended--
                    (A) by inserting ``or gross vehicle weight, 
                whichever is greater,'' after ``rating'' in 
                subparagraph (A);
                    (ii) by striking ``10,000'' and inserting 
                ``10,001'';
                    (B) by striking ``10'' in subparagraph (B) and 
                inserting ``15''; and
                    (C) by inserting ``and transported in a quantity 
                requiring placarding under regulations prescribed by 
                the Secretary under section 5103'' after ``title'' in 
                subparagraph (C).
            (2) Section 31132 is amended--
                    (A) by inserting ``or gross vehicle weight, 
                whichever is greater,'' after ``rating'' in paragraph 
                (1)(A); and
                    (B) by adding at the end of paragraph (3) the 
                following:
        ``For purposes of this paragraph, the term `business affecting 
        interstate commerce' means a business employing a commercial 
        motor vehicle in interstate commerce and includes all 
        operations of the business in intrastate commerce which use 
        vehicles otherwise defined as commercial motor vehicles under 
        paragraph (1) of this section.''.
    (g) Minimum Financial Responsibility for Transporting Petroleum 
Products.--Section 31139(c)(2)(A)(i) is amended by inserting ``or 
petroleum products classified as hazardous materials'' after 
``Administrator)''.
    (h) Employee Protections.--Section 31105 is amended--
            (1) by adding at the end of subsection (d) the following: 
        ``An employee may also independently bring a civil action to 
        enforce an order issued under subsection (b) of this section in 
        the district court of the United States for the judicial 
        circuit in which the violation occurred.''; and
            (2) by adding at the end thereof the following:
    ``(e) Attendance and Testimony of Witnesses and Production of 
Evidence; Enforcement of Subpoena.--In carrying out the authority under 
this section, the Secretary may require the attendance and testimony of 
witnesses and the production of evidence under oath. Witnesses shall be 
paid the same fees and mileage that are paid witnesses in the courts of 
the United States. In cases of failure or refusal by any person to obey 
such an order, any district court of the United States for the 
jurisdiction in which such person is found, resides, or transacts 
business, shall have jurisdiction to issue, upon application by the 
Secretary, an order requiring such person to appear and produce 
evidence and to give testimony relating to the matter under 
investigation or in question. Any failure to obey such order of the 
court may be punished by said court as a contempt thereof.''.

SEC. 653. COMMERCIAL MOTOR VEHICLE OPERATORS.

    (a) Repeal of Obsolete Grant Programs.--Chapter 313 is amended--
            (1) by striking sections 31312 and 31313; and
            (2) by striking the items relating to sections 31312 and 
        31313 in the chapter analysis for that chapter.
    (b) Commercial Driver's License Requirement.--
            (1) In general.--Section 31302 is amended to read as 
        follows:
``Sec. 31302. Commercial driver's license requirement
    ``No individual shall operate a commercial motor vehicle without a 
commercial driver's license issued according to section 31308 of this 
title.''.
            (2) Conforming amendments.--
                    (A) The chapter analysis for that chapter is 
                amended by striking the item relating to section 31302 
                and inserting the following:

``31302. Commercial driver's license requirement.''.
                    (B) Section 31305(a) is amended by redesignating 
                paragraphs (2) through (8) as paragraphs (3) through 
                (9), respectively, and by inserting after paragraph (1) 
                the following:
            ``(2) may establish performance based testing and licensing 
        standards that more accurately measure and reflect an 
        individual's knowledge and skills as an operator;''.
    (c) Commercial Driver's License Information System.--Section 31309 
is amended--
            (1) by striking ``make an agreement under subsection (b) of 
        this section for the operation of, or establish under 
        subsection (c) of this section,'' in subsection (a) and 
        inserting ``maintain'';
            (2) by striking subsections (b) and (c) and redesignating 
        subsections (d), (e), and (f) as subsections (b), (c), and (d) 
        respectively;
            (3) by striking ``Not later than December 31, 1990, the'' 
        in paragraph (2) of subsection (b), as redesignated, and 
        inserting ``The''; and
            (3) by striking ``shall'' in paragraph (2) of subsection 
        (b), as redesignated, and inserting ``may'';
            (4) by inserting after the caption of subsection (c), as 
        redesignated, the following: ``Information about a driver in 
        the information system may be made available under the 
        following circumstances:''; and
            (5) by starting a new paragraph with ``(1) On request'' and 
        indenting the paragraph 2 ems from the lefthand margin.
    (d) Requirements for State Participation.--Section 31311(a) is 
amended--
            (1) by striking ``31310 (b)-(e)'' in paragraph (15) and 
        inserting ``31310 (b)-(e), and (g) (1)(A) and (2)'';
            (2) by striking paragraph (17); and
            (3) by redesignating paragraph (18) as paragraph (17).
    (e) Withholding Amounts for State Noncompliance.--Section 31314 is 
amended--
            (1) by striking ``, (2), (5), and (6)'' and inserting 
        ``(3), and (5)''; and
            (2) by striking ``1992'' in subsections (a) and (b) and 
        inserting ``1995'';
            (3) by striking paragraph (1) of subsection (c);
            (4) by striking ``(2)'' in subsection (c)(2);
            (5) by striking subsection (d); and
            (6) by redesignating subsection (e) as subsection (d).
    (f) Commercial Motor Vehicle Defined.--Section 31301 is amended--
            (1) by inserting ``or gross vehicle weight, whichever is 
        greater,'' after ``rating'' each place it appears in paragraph 
        (4)(A); and
            (2) by inserting ``is'' in paragraph (4)(C)(ii) before 
        ``transporting'' each place it appears and before ``not 
        otherwise''.
    (g) Safety Performance History of New Drivers; Limitation on 
Liability.--
            (1) In general.--Chapter 5 is amended by adding at the end 
        thereof the following:
``Sec. 508. Safety performance history of new drivers; limitation on 
              liability
    ``(a) Limitation on Liability.--No action or proceeding for 
defamation, invasion of privacy, or interference with a contract that 
is based on the furnishing or use of safety performance records in 
accordance with regulations issued by the Secretary may be brought 
against--
            ``(1) a motor carrier requesting the safety performance 
        records of an individual under consideration for employment as 
        a commercial motor vehicle driver as required by and in 
        accordance with regulations issued by the Secretary;
            ``(2) a person who has complied with such a request; or
            ``(3) the agents or insurers of a person described in 
        paragraph (1) or (2) of this subsection.
    ``(b) Restrictions.--
            ``(1) Subsection (a) does not apply unless--
                    ``(A) the motor carrier requesting the safety 
                performance records at issue, the person complying with 
                such a request, and their agents have taken all 
                precautions reasonably necessary to ensure the accuracy 
                of the records and have fully complied with the 
                regulations issued by the Secretary in using and 
                furnishing the records, including the requirement that 
                the individual who is the subject of the records be 
                afforded a reasonable opportunity to review and comment 
                on the records;
                    ``(B) the motor carrier requesting the safety 
                performance records, the person complying with such a 
                request, their agents, and their insurers, have taken 
                all precautions reasonably necessary to protect the 
                privacy of the individual who is the subject of the 
                records, including protecting the records from 
                disclosure to any person, except for their insurers, 
                not directly involved in forwarding the records or 
                deciding whether to hire that individual; and
                    ``(C) the motor carrier requesting the safety 
                performance records has used those records only to 
                assess the safety performance of the individual who is 
                the subject of those records in deciding whether to 
                hire that individual.
            ``(2) Subsection (a) does not apply to persons who 
        knowingly furnish false information.
    ``(c) Preemption of State and Local Law.--No State or political 
subdivision thereof may enact, prescribe, issue, continue in effect, or 
enforce any law (including any regulation, standard, or other provision 
having the force and effect of law) that prohibits, penalizes, or 
imposes liability for furnishing or using safety performance records in 
accordance with regulations issued by the Secretary.''.
            (2) Conforming amendment.--The chapter analysis for that 
        chapter is amended by inserting after the item relating to 
        section 507 the following:

``508. Safety performance history of new drivers; limitation on 
                            liability.''.

SEC. 654. PENALTIES.

    (a) Notification of Violations and Enforcement Procedures.--Section 
521(b)(1) is amended--
            (1) by inserting: ``with the exception of reporting and 
        recordkeeping violations,'' in the first sentence of 
        subparagraph (A) after ``under any of those provisions,'';
            (2) by striking ``fix a reasonable time for abatement of 
        the violation,'' in the third sentence of subparagraph (A);
            (3) by striking ``(A)'' in subparagraph (A); and
            (4) by striking subparagraph (B).
    (b) Civil Penalties.--Section 521(b)(2) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, any person who is determined by the 
                Secretary, after notice and opportunity for a hearing, 
                to have committed an act which is a violation of 
                regulations issued by the Secretary under subchapter 
                III of chapter 311 (except sections 31137 and 31138) or 
                section 31502 of this title shall be liable to the 
                United States for a civil penalty in an amount not to 
                exceed $10,000 for each offense. Notwithstanding any 
                other provision of this section (except subparagraph 
                (C)), no civil penalty shall be assessed under this 
                section against an employee for a violation in an 
                amount exceeding $2,500.'';
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Recordkeeping and reporting violations.--
                            ``(i) A person required to make a report to 
                        the Secretary, answer a question, or make, 
                        prepare, or preserve a record under section 504 
                        of this title or under any regulation issued by 
                        the Secretary pursuant to subchapter III of 
                        chapter 311 (except sections 31137 and 31138) 
                        or section 31502 of this title about 
                        transportation by motor carrier, motor carrier 
                        of migrant workers, or motor private carrier, 
                        or an officer, agent, or employee of that 
                        person, who--
                                    ``(I) does not make that report;
                                    ``(II) does not specifically, 
                                completely, and truthfully answer that 
                                question in 30 days from the date the 
                                Secretary requires the question to be 
                                answered; or
                                    ``(III) does not make, prepare, or 
                                preserve that record in the form and 
                                manner prescribed by the Secretary,
                        shall be liable to the United States for a 
                        civil penalty in an amount not to exceed $500 
                        for each offense, and each day of the violation 
                        shall constitute a separate offense, except 
                        that the total of all civil penalties assessed 
                        against any violator for all offenses related 
                        to any single violation shall not exceed 
                        $5,000.
                            ``(ii) Any such person, or an officer, 
                        agent, or employee of that person, who--
                                    ``(I) knowingly falsifies, 
                                destroys, mutilates, or changes a 
                                required report or record;
                                    ``(II) knowingly files a false 
                                report with the Secretary;
                                    ``(III) knowingly makes or causes 
                                or permits to be made a false or 
                                incomplete entry in that record about 
                                an operation or business fact or 
                                transaction; or
                                    ``(IV) knowingly makes, prepares, 
                                or preserves a record in violation of a 
                                regulation or order of the Secretary,
                        shall be liable to the United States for a 
                        civil penalty in an amount not to exceed $5,000 
                        for each violation, provided that any such 
                        action can be shown to have misrepresented a 
                        fact that constitutes a violation other than a 
                        reporting or recordkeeping violation.''.
    (c) Penalty for Aiding and Abetting.--
            (1) In general.--Chapter 5 is amended by adding at the end 
        thereof the following:
``Sec. 527. Aiding and abetting
    ``A person who knowingly aids, abets, counsels, commands, induces, 
or procures a violation of a regulation or order issued by the 
Secretary under chapter 311 or section 31502 of this title shall be 
subject to civil and criminal penalties under this chapter to the same 
extent as the motor carrier or driver who commits a violation.''.
            (2) Conforming amendment.--The chapter analysis for that 
        chapter is amended by inserting after the item relating to 
        section 526 the following:

``527. Aiding and abetting.''.
    (d) Authority To Investigate.--Section 506(a) is amended--
            (1) by inserting ``, freight forwarder, shipper, broker, 
        consignee, or other person'' after ``motor private carrier'';
            (2) by striking ``or'' after ``migrant workers''; and
            (3) by striking the last sentence.
    (e) Enforcement.--Section 507(a)(2) is amended--
            (1) by inserting ``, shipper, broker, consignee, or other 
        person'' after ``freight forwarder''; and
            (2) by striking ``or'' after ``motor private carrier''.
    (f) Conforming Amendments.--
            (1) Section 503(a) is amended by striking ``(except a motor 
        contract carrier)''.
            (2) Section 522 is amended--
                    (A) by striking ``(a)'' in subsection (a); and
                    (B) by striking subsection (b).

SEC. 655. INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL TAX 
              AGREEMENT.

    Chapter 317 is amended--
            (1) by striking sections 31702, 31703, and 31708; and
            (2) by striking the items relating to sections 31702, 
        31703, and 31708 in the chapter analysis for that chapter.

SEC. 656. STUDY OF ADEQUACY OF PARKING FACILITIES.

    The Secretary shall conduct a study to determine the location and 
quantity of parking facilities at commercial truck stops and travel 
plazas and public rest areas that could be used by motor carriers to 
comply with Federal hours-of-service rules. The study shall include an 
inventory of current facilities serving the National Highway System, 
analyze where shortages exist or are projected to exist, and propose a 
plan to reduce the shortages. The study may be carried out in 
cooperation with research entities representing the motor carrier and 
travel plaza industry.

SEC. 657. NATIONAL MINIMUM DRINKING AGE--TECHNICAL CORRECTIONS.

    Section 158 of title 23, United States Code, is amended--
            (1) by striking ``104(b)(2), 104(b)(5), and 104(b)(6)'' 
        each place it appears in subsection (a) and inserting 
        ``104(b)(3), and 104(b)(5)(B)''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Availability of Withheld Funds.--No funds withheld under this 
section from apportionment to any State after September 31, 1988, shall 
be available for apportionment to such State.''.

                          TITLE VII--RESEARCH

                  Subtitle A--Programs and Activities

SEC. 701. TRANSPORTATION RESEARCH AND DEVELOPMENT.

    Subtitle III is amended by adding a new chapter 52 to read as 
follows:

                 ``CHAPTER 52--RESEARCH AND DEVELOPMENT

               ``Subchapter I--General and Administrative

``Sec.
``5201. Transactional authority.
``5202. Reliance on competition.
``5203. Authorizations.
                       ``Subchapter II--Planning

``5221. Planning.
``5222. Implementation.
  ``Subchapter III--Advanced Transportation Research and Development 
                                Programs

``5231. Intermodal transportation research and development program.
            ``Subchapter IV--Professional Capacity Building

``5241.--National university transportation centers.

               ``Subchapter I--General and Administrative

``Sec. 5201. Transactional authority
    ``To carry out this chapter, the Secretary of Transportation may 
enter into contracts, grants, cooperative agreements, and other 
transactions with any person, agency, or instrumentality of the United 
States, any unit of State or local government, any educational 
institution, and any other entity to further the objectives of this 
chapter.
``Sec. 5202. Reliance on competition
    ``The Secretary of Transportation may award grants or contracts to 
university transportation centers established through competition under 
section 5241 of this title without further competition. A 
noncompetitive award authorized by this section must be for 
transportation research, development, education or training consistent 
with the strategic plan approved as part of the selection process for 
the center.
``Sec. 5203. Authorizations
    ``(a) There is available from the Highway Trust Fund, other than 
the Mass Transit Account, for the Secretary of Transportation 
$10,000,000 for fiscal year 1998, $15,000,000 for fiscal year 1999, 
$20,000,000 for fiscal year 2000, $25,000,000 for fiscal year 2001, 
$30,000,000 for fiscal year 2002, and $35,000,000 for fiscal year 2003, 
to carry out subchapters II and III of this chapter.
    ``(b) Contract Authority and Availability of Funds.--Funds 
authorized by this section shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code; except that any Federal share of the cost of 
any activity under subchapters II and III of this chapter shall be in 
accordance with the provision of those subchapters, and such funds 
shall remain available for obligation for a period of 2 years after the 
last day of the fiscal year for which such funds are authorized.

                       ``Subchapter II--Planning

``Sec. 5221. Planning
    ``(a) Authority.--The Secretary of Transportation shall establish a 
strategic planning process to determine national transportation 
research and technology priorities, coordinate Federal transportation 
research and technology activities, and measure the impact of these 
research and technology investments on the performance of the national 
transportation system.
    ``(b) Criteria.--In developing strategic plans for intermodal, 
multimodal, and modal research and technology, the Secretary shall 
consider the need to:
            ``(1) Coordinate and link Federal, regional, state, and 
        metropolitan planning activities;
            ``(2) Ensure that standard-setting in transportation is 
        compatible with the concept of a seamless transportation 
        system;
            ``(3) Encourage innovation;
            ``(4) Identify and facilitate initiatives and partnerships 
        to deploy advanced technology with the potential for improving 
        transportation systems over ten years;
            ``(5) Identify core research to support the Nation's long-
        term transportation technology and system needs, including 
        safety;
            ``(6) Ensure the Nation's ability to compete on a global 
        basis; and
            ``(7) Provide a means of assessing the impact of Federal 
        research and technology investments on the performance of the 
        Nation's transportation system.
``Sec. 5222. Implementation
    ``In implementing section 5221, the Secretary of Transportation 
shall adopt such policies and procedures as appropriate--
            ``(1) to provide for consultation among the Administrators 
        of the operating administrations of the Department and other 
        Federal officials with responsibility for research important to 
        national transportation needs;
            ``(2) to promote the maximum exchange of information on 
        transportation-related research and development activities 
        among the operating elements of the Department, other Federal 
        departments and agencies, state and local governments, colleges 
        and universities, industry and other private and public sector 
        organizations engaged in such activities;
            ``(3) to ensure that the Department's research and 
        development programs do not duplicate other Federal research 
        and development programs;
            ``(4) to ensure that the Department's research and 
        development activities make appropriate use of the talents, 
        skills, and abilities residing at the Federal laboratories and 
        leverage, to the extent practical, the research capabilities of 
        institutions of higher education and private industry; and
            ``(5) to validate the scientific and technical assumptions 
        underlying the Department's research and technology plans.

  ``Subchapter III--Advanced Transportation Research and Development 
                                Programs

``Sec. 5231. Intermodal transportation research and development program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a program to be known as the `Intermodal Transportation 
Research and Development Program'.
    ``(b) Purposes.--The purposes of the Intermodal Transportation 
Research and Development Program are to--
            ``(1) enhance the capabilities of Federal agencies in 
        meeting national transportation needs as defined by their 
        missions through support for basic and applied research and 
        development impacting the various modes of transportation 
        including research and development in safety, security, 
        mobility, energy and environment, information and physical 
        infrastructure, and industrial design;
            ``(2) identify and apply innovative research performed by 
        the Government, academia and the private sector to the 
        intermodal and multimodal transportation research, development, 
        and deployment needs of the Department and the Nation's 
        transportation enterprise;
            ``(3) identify and leverage research, technologies, and 
        other information developed by the Government for national 
        defense and non-defense purposes for the benefit of public, 
        commercial and defense transportation sectors; and
            ``(4) share information, analytical and research 
        capabilities among Federal, state and local governments, 
        colleges and universities, and private organizations to advance 
        their transportation research, development and deployment 
        needs.

            ``Subchapter IV--Professional Capacity Building

``Sec. 5241. National university transportation centers
    ``(a) Regionally-based Centers.--The Secretary of Transportation 
shall make grants to nonprofit institutions of higher learning to 
establish and operate one university transportation center in each of 
the ten (10) United States Government regions that comprise the 
Standard Federal Regional Boundary System.
    ``(b) Other Centers.--The Secretary may make grants to non-profit 
institutions of higher learning to establish and operate up to ten 
other university transportation centers to address transportation 
management, research and development, with special attention to 
increasing the number of highly skilled minority individuals and women 
entering the transportation workforce; transportation and industrial 
productivity; rural transportation; advanced transportation technology; 
international transportation policy studies; transportation 
infrastructure technology; urban transportation research; 
transportation and the environment; surface transportation safety; or 
such other national transportation issues designated by the Secretary.
    ``(c) Selection Criteria.--A nonprofit institution of higher 
learning interested in receiving a grant under this section shall 
submit an application to the Secretary in the way and containing the 
information the Secretary prescribes. The Secretary shall select each 
recipient through a competitive process on the basis of the following:
            ``(1) for regionally based centers, the location of the 
        center within the Federal Region to be served;
            ``(2) the demonstrated research and extension resources 
        available to the recipient to carry out this section;
            ``(3) the capability of the recipient to provide leadership 
        in making national and regional contributions to the solution 
        of immediate and long-range transportation problems;
            ``(4) the recipient's establishment of a surface 
        transportation program encompassing several modes of 
        transportation;
            ``(5) the recipient's demonstrated commitment of at least 
        $200,000 in regularly budgeted institutional amounts each year 
        to support ongoing transportation research and education 
        programs;
            ``(6) the recipient's demonstrated ability to disseminate 
        results of transportation research and education programs 
        through a statewide or region-wide continuing education 
        program; and
            ``(7) the strategic plan the recipient proposes to carry 
        out under the grant.
    ``(d) Objectives.--Each university transportation center shall 
conduct--
            ``(1) basic and applied research, the products of which are 
        judged by peers or other experts in the field to advance the 
        body of knowledge in transportation;
            ``(2) an education program that includes multidisciplinary 
        course work and participation in research; and
            ``(3) an ongoing program of technology transfer that makes 
        research results available to potential users in a form that 
        can be implemented, utilized or otherwise applied.
    ``(e) Maintenance of Effort.--Before making a grant under this 
section, the Secretary may require the recipient to make an agreement 
with the Secretary to ensure that the recipient will maintain total 
expenditures from all other sources to establish and operate a 
university transportation center and related research activities at a 
level at least equal to the average level of those expenditures in its 
2 fiscal years prior to award of a grant under this section.
    ``(f) Federal Share.--A grant under this section is for 50 percent 
of the cost of establishing and operating the university transportation 
center and related research activities the recipient carries out. The 
non-Federal share may include funds provided to a recipient under 
section 5307 or 5311 of this title.
    ``(g) Program Coordination.--The Secretary shall provide for 
coordinating research, education, training, and technology transfer 
activities that grant recipients carry out under this section, the 
dissemination of the results of the research, and the establishment and 
operation of a clearinghouse. At least annually, the Secretary shall 
review and evaluate programs the grant recipients carry out. The 
Secretary may use not more than one percent of amounts made available 
from Government sources to carry out this subsection.
    ``(h) Amounts Available for Technology Transfer Activities.--At 
least 5 percent of the amounts made available to carry out this section 
in a fiscal year are available to carry out technology transfer 
activities.
    ``(i) Limitation on Availability of Funds.--Funds made available to 
carry out this program remain available for obligation for a period of 
2 years after the last day of the fiscal year for which such funds are 
authorized.''.

SEC. 702. BUREAU OF TRANSPORTATION STATISTICS.

    (a) Section 111(b)(4) is amended by striking the second sentence.
    (b) Section 111(c)(1) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (J);
            (2) by striking ``system.'' in subparagraph (K) and 
        inserting ``system; and''; and
            (3) by adding at the end the following:
                    ``(L) transportation-related variables influencing 
                global competitiveness.''.
    (c) Section 111(c)(2) is amended--
            (1) by striking ``national transportation system'' in the 
        first sentence and inserting ``nation's transportation 
        systems'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) be coordinated with efforts to measure 
                outputs and outcomes of the Department of 
                Transportation and the nation's transportation systems 
                under the Government Performance and Results Act;''; 
                and
            (3) by inserting a comma and ``made relevant to the States 
        and metropolitan planning organizations,'' after ``accuracy'' 
        in subparagraph (C).
    (d) Section 111(c)(3) is amended by adding at the end the 
following: ``The Bureau shall review and report to the Secretary of 
Transportation on the sources and reliability of the statistics 
proposed by the modal administrations to measure outputs and outcomes 
as required by the Government Performance and Results Act, and shall 
undertake such other reviews of the sources and reliability of other 
data collected by the modal administrations as shall be requested by 
the Secretary.''.
    (e) Section 111(c) is amended by adding at the end the following:
            ``(7) Supporting transportation decision making.--Ensuring 
        that the statistics compiled under paragraph (1) of this 
        subsection are relevant for transportation decisions by 
        Federal, State, and local governments, transportation-related 
        associations, private business, and consumers.''.
    (f) Section 111 is amended--
            (1) by redesignating subsections (d), (e) and (f) as 
        subsections (h), (i) and (j), respectively;
            (2) by striking subsection (g); and
            (3) by inserting after subsection (c) the following:
    ``(d) Intermodal Transportation Data Base.--The Director shall 
establish and maintain an Intermodal Transportation Data Base, in 
consultation with the Assistant Secretaries and operating 
Administrations of the Department. This data base shall be suitable for 
analyses conducted by the Federal Government, the States, and 
metropolitan planning organizations. The data base shall include but 
not be limited to--
            ``(1) information on the volumes and patterns of movement 
        of goods, including local, interregional, and international 
        movements, by all modes of transportation and intermodal 
        combinations, and by relevant classification;
            ``(2) information on the volumes and patterns of movement 
        of people, including local, interregional, and international 
        movements, by all modes of transportation and intermodal 
        combinations, and by relevant classification; and
            ``(3) information on the location and connectivity of 
        transportation facilities and services and a national 
        accounting of expenditures and capital stocks on each mode of 
        transportation and intermodal combinations.
    ``(e) National Transportation Library.--The Director shall 
establish and maintain the National Transportation Library, containing 
a collection of statistical and other information needed for 
transportation decision making at the Federal, State, and local levels. 
The Bureau shall facilitate and promote access to the Library, with the 
goal of improving the ability of the transportation community to share 
information and the Bureau to make statistics readily accessible under 
paragraph (c)(5) of this section. The Bureau shall work with other 
transportation libraries and other transportation information 
providers, both public and private, to achieve this goal.
    ``(f) National Transportation Atlas Data Base.--The Director shall 
develop and maintain geo-spatial data bases depicting transportation 
networks; flows of people, goods, vehicles, and craft over those 
networks; and social, economic, and environmental conditions affecting 
or affected by those networks. These data bases shall be able to 
support intermodal network analysis.
    ``(g) Research and Development Grants.--The Secretary may make 
grants to, or enter into cooperative agreements or contracts with, 
public and nonprofit private entities (including, but not limited to, 
State Departments of Transportation, metropolitan planning 
organizations, Transportation Research Centers, and universities) for--
            ``(1) the investigation of the subjects listed in 
        subsection (c)(1) of this section and for research and 
        development of new methods of data collection, management, 
        integration, dissemination, interpretation, and analysis;
            ``(2) development of electronic clearinghouses of 
        transportation data and related information, as part of the 
        National Transportation Library under subsection (e) of this 
        section; and
            ``(3) development and improvement of methods for sharing 
        geographic data, in support of the National Transportation 
        Atlas Data Base under subsection (f) and the National Spatial 
        Data Infrastructure.''.
    (g) Section 111(i), as redesignated, is amended to read as follows:
    ``(i) Prohibition on Certain Disclosures.--
            ``(1) An officer or employee of the Bureau may not--
                    ``(A) make any publication in which the data 
                furnished by a person under paragraph (c)(2) can be 
                identified;
                    ``(B) use the information furnished under the 
                provisions of paragraph (c)(2) of this section for a 
                non-statistical purpose; or
            ``(C) permit anyone other than the individuals authorized 
        by the Director to examine individual reports furnished under 
        paragraph (c)(2) of this section.
            ``(2) No department, bureau, agency, officer, or employee 
        of the United States except the Director of the Bureau of 
        Transportation Statistics in carrying out the purpose of this 
        section, shall require, for any reason, copies of reports which 
        have been filed under paragraph (c)(2) with the Bureau of 
        Transportation Statistics or retained by any individual 
        respondent. Copies of such reports which have been so retained 
        or filed with the Bureau or any of its employees, contractors, 
        or agents shall be immune from legal process, and shall not, 
        without the consent of the individual concerned, be admitted as 
        evidence or used for any purpose in any action, suit, or other 
        judicial or administrative proceeding. This paragraph shall 
        only apply to individually identifiable data.
            ``(3) In a case in which the Bureau is authorized by 
        statute to collect data or information for nonstatistical 
        purposes, the Director shall clearly distinguish the collection 
        of such data or information by rule and on the collection 
        instrument to inform a respondent requested or required to 
        supply the data or information of the nonstatistical 
        purposes.''.
    (h) Section 111(j), as redesignated, is amended by striking ``On or 
before January 1, 1994, and annually thereafter, the'' and inserting 
``The''.
    (i) Section 111 is amended by adding at the end the following:
    ``(k) Data Product Sales Proceeds.--Notwithstanding section 3302 of 
title 31, United States Code, funds received by the Bureau of 
Transportation Statistics from the sale of data products may be 
credited to the Highway Trust Fund (other than the Mass Transit 
Account) for the purpose of reimbursing the Bureau for such expenses.
    ``(l)(1) Funding.--There are authorized to be appropriated out of 
the Highway Trust Fund (other than the Mass Transit Account), 
$31,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002 and 
2003 to carry out this section, provided that amounts for activities 
under subsection (g) of this section may not exceed $500,000 per year. 
Amounts made available under this subsection shall remain available for 
a period of 3 years.
    ``(2) Contract Authority.--Funds authorized by this subsection 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code.''.
    (j) Conforming Amendment.--Section 5503 is amended by striking 
subsection (d) and redesignating subsections (e), (f), and (g) as 
subsections (d), (e), and (f), respectively.

SEC. 703. RESEARCH AND TECHNOLOGY PROGRAM.

    (a) Section 307 of title 23, United States Code, is amended to read 
as follows:
``Sec. 307 Research and planning
    ``(a) Findings; General Authority; and Collaborative Agreements.--
            ``(1) Findings.--The Congress finds that--
                    ``(A) Results of research, technology transfer, 
                studies, and activities have demonstrated that 
                continued and increased efforts to provide for 
                technical innovation must be a cornerstone in the 
                foundation as the transportation community moves into 
                the next century.
                    ``(B) A strong Federal transportation research and 
                technology program is recognized as essential to ensure 
                that innovation is developed and incorporated into the 
                multi-billion dollar infrastructure program.
                    ``(C) Technology advancement is essential to 
                support the Nation's infrastructure needs and, in turn, 
                its ability to continue to participate successfully in 
                a global marketplace and economy.
            ``(2) Authority of the secretary.--
                    ``(A) In general.--The Secretary shall engage in 
                research, development, and technology transfer 
                activities with respect to motor carrier transportation 
                and all phases of highway planning and development 
                (including construction, operation, modernization, 
                development, design, maintenance, safety, financing, 
                and traffic conditions) and the effect thereon of State 
                laws and may test, develop, or assist in testing and 
                developing any material, invention, patented article, 
                or process.
                    ``(B) Cooperation, grants, and contracts.--The 
                Secretary may carry out this section either 
                independently or in cooperation with other Federal 
                departments, agencies, and instrumentalities or by 
                making grants to, or entering into contracts, 
                cooperative agreements, and other transactions with, 
                the National Academy of Sciences, the American 
                Association of State Highway and Transportation 
                Officials, or any State agency, authority, association, 
                institution, corporation (profit or nonprofit), 
                organization, or person.
                    ``(C) Technical innovation.--The Secretary shall 
                develop and administer programs to facilitate 
                application of the products of research and technical 
                innovations that will improve the safety, efficiency, 
                and effectiveness of the highway system.
                    ``(D) Funds.--
                            ``(i) In general.--Except where 
                        specifically noted otherwise in other sections 
                        of chapter 3, the funds necessary to carry out 
                        this subsection shall be taken by the Secretary 
                        out of administrative funds deducted pursuant 
                        to section 104(a) of this title and such funds 
                        as may be deposited by any cooperating 
                        organization or person in a special account of 
                        the Treasury of the United States established 
                        for such purposes, and such funds shall remain 
                        available for obligation for a period of 3 
                        years after the last day of the fiscal year for 
                        which the funds are authorized.
                            ``(ii) Use of funds.--The Secretary shall 
                        use funds available to carry out this section 
                        to develop, administer, communicate, and 
                        achieve the use of products of the research, 
                        development, and technology transfer programs, 
                        and to otherwise interact with partners and 
                        users in the planning and dissemination of 
                        results.
            ``(3) Collaborative research and development.--
                    ``(A) In general.--For the purposes of encouraging 
                innovative solutions to surface transportation problems 
                and stimulating the marketing of new technology by 
                private industry, the Secretary is authorized to 
                undertake, on a cost-shared basis, collaborative 
research and development with non-Federal entities, including State and 
local governments, foreign governments, colleges and universities, 
corporations, institutions, partnerships, sole proprietorships, and 
trade associations that are incorporated or established under the laws 
of any State.
                    ``(B) Agreements.--In carrying out this paragraph, 
                the Secretary may enter into cooperative research and 
                development agreements, as such term is defined under 
                section 12 of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3710a).
                    ``(C) Federal share.--The Federal share payable on 
                account of activities carried out under a cooperative 
                research and development agreement entered into under 
                this paragraph shall not exceed 50 percent of the total 
                cost of such activities; except that, if there is 
                substantial public interest or benefit, the Secretary 
                may approve a higher Federal share. All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, and hardware development costs, 
                shall be treated as part of the non-Federal share of 
                the cost of such activities for purposes of the 
                preceding sentence.
                    ``(D) Utilization of technology.--The research, 
                development, or utilization of any technology pursuant 
                to a cooperative research and development agreement 
                entered into under this paragraph, including the terms 
                under which the technology may be licensed and the 
                resulting royalties may be distributed, shall be 
                subject to the Stevenson-Wydler Technology Innovation 
                Act of 1980.
                    ``(E) Funds.--The funds necessary to carry out this 
                paragraph shall be taken by the Secretary out of 
                administrative funds deducted pursuant to section 
                104(a) of this title and such funds as may be deposited 
                by any cooperating organization or person in a special 
                account of the Treasury of the United States 
                established for such purposes.
            ``(4) Waiver of advertising requirements.--The provisions 
        of section 3709 of the Revised Statutes (41 U.S.C. 5) shall not 
        be applicable to contracts or agreements entered into under 
        this chapter.
    ``(b) Mandatory Contents of Program.--The Secretary shall include 
in the surface transportation research, development, and technology 
transfer programs under this subsection and as specified elsewhere in 
this title--
            ``(1) a coordinated long-term program of research for the 
        development, use, and dissemination of performance indicators 
        to measure the performance of the surface transportation system 
        of the United States, including indicators for productivity, 
        efficiency, energy use, air quality, congestion, safety, 
        maintenance, and other factors which reflect the overall 
        performance of such system.
            ``(2) a program to strengthen and expand surface 
        transportation infrastructure research, development, and 
        technology transfer, including, as a minimum, the following 
        elements:
                    ``(A) Methods and materials for improving the 
                durability of surface transportation infrastructure 
                facilities and extending the life of bridge structures, 
                including new and innovative technologies to reduce 
                corrosion.
                    ``(B) Expansion of the Department of 
                Transportation's inspection and mobile nondestructive 
                examination capabilities, including consideration of 
                the use of high energy field radiography for more 
                thorough and more frequent inspection of bridge 
                structures as well as added support to State, local, 
                and tribal highway departments.
                    ``(C) A research and development program directed 
                toward the reduction of costs associated with the 
                construction of highways and mass transit systems.
                    ``(D) A surface transportation research program to 
                develop nondestructive evaluation equipment for use 
                with existing infrastructure facilities and for next 
                generation infrastructure facilities that utilize 
                advanced materials.
                    ``(E) Information technology including appropriate 
                computer programs to collect and analyze data on the 
                status of the existing infrastructure facilities for 
                enhancing management, growth, and capacity; and dynamic 
                simulation models of surface transportation systems for 
                predicting capacity, safety, and infrastructure 
                durability problems, for evaluating planned research 
                projects, and for testing the strengths and weaknesses 
                of proposed revisions in surface transportation 
                operations programs.
                    ``(F) New innovative technologies to enhance and 
                facilitate field construction and rehabilitation 
                techniques for minimizing disruption during repair and 
                maintenance of existing structures.
                    ``(G) Initiatives to improve the Nation's ability 
                to respond to emergencies and natural disasters, and to 
                enhance national defense mobility.
    ``(c) As used in this chapter the term `safety' includes, but is 
not limited to, highway safety systems, research, and development 
relating to vehicle, highway, and driver characteristics, accident 
investigations, communications, emergency medical care, and 
transportation of the injured.''.

SEC. 704. NATIONAL TECHNOLOGY DEPLOYMENT INITIATIVES.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended--
            (1) by striking section 321; and
            (2) by amending section 326 to read as follows:
``Sec. 326. National technology deployment initiatives program
    ``(a) Establishment.--The Secretary shall develop and administer a 
National Technology Deployment Initiatives program for the purpose of 
significantly expanding the adoption of innovative technologies by the 
surface transportation community.
    ``(b) Deployment Goals.--The Secretary shall establish a limited 
number of goals for the program carried out under this section. Each of 
the goals and the program developed to achieve the goals shall be 
designed to provide tangible benefits in the areas of transportation 
system efficiency, safety, reliability, service life, environmental 
protection, and sustainability. For each of these goals, the Secretary, 
in cooperation with representatives of the transportation community 
such as the States, local government, the private sector, and academia, 
shall access domestic and international technology to develop 
strategies and initiatives to achieve the goal, including technical 
assistance in deploying technology, and mechanisms for sharing 
information among program participants. Goals to be addressed may 
include:
            ``(1) Reduced delay and improved safety within construction 
        and maintenance work areas.
            ``(2) Extended life of the current infrastructure.
            ``(3) Increased system durability and life, including 
        applications of high performance materials.
            ``(4) Improved safety of driving at night and other periods 
        of reduced visibility.
            ``(5) Support and enhancement of the environment with use 
        of innovative technologies.
            ``(6) Support of community-oriented transportation and 
        sustainable development.
            ``(7) Minimized transportation system closures, 
        constraints, and delay caused by snow and ice.
    ``(c) Funding.--There are authorized to be appropriated, out of the 
Highway Trust Fund (other than the Mass Transit Account), $56,000,000 
for each of fiscal years 1998, 1999, and 2000; and $84,000,000 for each 
of fiscal years 2001, 2002, and 2003 to carry out this section. Where 
appropriate to achieve the goals outlined above, the Secretary may 
further allocate such funds to States for their use.
    ``(d) Leveraging of Resources.--The Secretary shall give preference 
to projects that leverage Federal funds against significant resources 
from other sources, public or private.
    ``(e) Contract Authority.--Funds authorized by this subsection 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of this title; except that the Federal 
share of the cost of any activity under this section shall be 
determined by the Secretary and such funds shall remain available for 
obligation for a period of 3 years after the last day of the fiscal 
year for which the funds are authorized. After providing notice and an 
opportunity for comment, the Secretary may waive, in whole or in part, 
application of any provision of this title, if the Secretary determines 
that such waiver is not contrary to the public interest and will 
advance the technology deployment nationwide. Any waiver under this 
section shall be published in the Federal Register, together with 
reasons for such waiver.''.
    (b) Conforming Amendment.--The analysis for chapter 3 is amended 
by--
            (1) striking the item relating to section 321; and
            (2) striking the item relating to section 326 and inserting 
        the following:

``326. National technology deployment initiatives program.''.

       Subtitle B--Intelligent Transportation Systems Act of 1997

SEC. 751. SHORT TITLE AND FINDINGS.

    (a) Short Title.--This subtitle may be cited as the ``Intelligent 
Transportation Systems Act of 1997''.
    (b) Findings.--The Congress finds that the research and tests 
conducted under the Intelligent Transportation Systems Act of 1991 
demonstrated the potential benefit and readiness of Intelligent 
Transportation Systems to enhance the safety and efficiency of surface 
transportation operations in a variety of ways.
    (c) Purpose.-- The purpose of this subtitle is to provide for the 
accelerated deployment of proven technologies and concepts, while also 
increasing the Federal commitment to improving surface transportation 
safety through aggressive, long-range research, development, testing, 
and promotion of crash avoidance technologies and systems in 
cooperation with industry.

SEC. 752. DEFINITIONS; CONFORMING AMENDMENT.

    (a) For the purposes of this subtitle, the following definitions 
apply:
            (1) Advanced rural transportation systems.--The term 
        ``Advanced Rural Transportation Systems'' means the 
        construction, or acquisition, and operation of ITS 
        predominantly outside of metropolitan areas, and including 
        public lands such as National Parks, monuments, and recreation 
        areas, for the purposes of providing--
                    (A) traveler safety and security advisories and 
                warnings;
                    (B) emergency ``Mayday'' services to notify public 
                safety and emergency response organizations of 
                travelers in need of emergency services;
                    (C) tourism and traveler information services;
                    (D) public mobility services to improve the 
                efficiency and accessibility of rural transit service;
                    (E) enhanced rural transit fleet operations and 
                management;
                    (F) improved highway operations and maintenance 
                through the rapid detection of severe weather 
                conditions, hazardous road and bridge conditions, and 
                imminent danger to construction and maintenance crews 
                from errant vehicles in work zones; and
                    (G) Commercial Vehicle Operations (CVO) user 
                services.
            (2) CVISN.--The term ``Commercial Vehicle Information 
        Systems and Networks'' means the information systems and 
        communications networks that support CVO.
            (3) CVO.--The term ``Commercial Vehicle Operations'' means 
        motor carrier operations and motor vehicle regulatory 
        activities associated with the commercial movement of goods, 
        including hazardous materials, and passengers. Public sector 
        CVO activities include the issuance of operating credentials, 
        motor vehicle and fuel tax administration, and roadside safety 
        and border crossing inspection and regulatory compliance 
        operations.
            (4) Intelligent transportation infrastructure.--The term 
        ``Intelligent Transportation Infrastructure'' means the initial 
        construction or acquisition of fully integrated public sector 
        ITS components as defined by the Secretary, including traffic 
        signal control systems, freeway management systems, incident 
        management systems, transit management systems, regional multi-
        modal traveler information systems, emergency management 
        services, electronic toll collection systems, electronic fare 
        payment systems, ITS-based railroad grade crossing safety 
        systems, roadway weather information and prediction systems, 
        advanced rural transportation systems, and commercial vehicle 
        information systems and networks.
            (5) Intelligent transportation systems.--The term 
        ``intelligent transportation systems'' means the development or 
        application of electronics, communications, or information 
        processing (including advanced traffic management systems, 
        commercial vehicle operations, advanced traveler information 
        systems, commercial and advanced vehicle control systems, 
        advanced public transportation systems, satellite vehicle 
        tracking systems, and advanced vehicle communications systems) 
        used singly or in combination to improve the efficiency and 
        safety of surface transportation systems.
            (6) ITS collision avoidance systems.--The term ``ITS 
        Collision Avoidance Systems'' means an intelligent 
        transportation system that assists vehicle operators to avoid 
        collisions that would otherwise occur.
            (7) National architecture.--The term ``National 
        Architecture'' means the common framework for interoperability 
        adopted by the Secretary, and which defines the functions 
        associated with ITS user services, the physical entities or 
        subsystems within which such functions reside, the data 
        interfaces and information flows between physical subsystems, 
        and the communications requirements associated with information 
        flows.
            (8) National its program plan.--The term ``National ITS 
        Program Plan'' means the March 1995 First Edition of the 
        National ITS Program Plan jointly developed by the U.S. 
        Department of Transportation and the Intelligent Transportation 
        Society of America, and subsequent revisions issued by the 
        Secretary pursuant to section 755(a)(1).
            (9) State.--The term ``State'' has the meaning such term 
        has under section 101 of title 23, United States Code.
    (b) National Highway System.--The undesignated paragraph in section 
101(a) of title 23, United States Code, relating to the National 
Highway System is amended by inserting after ``title'' the following: 
``and the Intelligent Transportation Infrastructure associated with 
such system.''.

SEC. 753. SCOPE OF PROGRAM.

    (a) Scope.--Subject to the provisions of this subtitle, the 
Secretary shall conduct an ongoing program to research, develop, and 
operationally test intelligent transportation systems and advance 
Nation-wide deployment of such systems as a component of the Nation's 
surface transportation systems.
    (b) Goals.--The goals of the program to be carried out under this 
subtitle shall include, but not be limited to:
            (1) the widespread planning, implementation and operation 
        of integrated, intermodal, interoperable intelligent 
        transportation infrastructure, in conjunction with 
        corresponding private sector systems and products, to enhance 
        the capacity, efficiency, and safety of surface transportation, 
        using the authorities provided under sections 103, 119, 133, 
        134, 135, 149, and 402 of title 23, and sections 31102, 5307, 
        and 5309 of title 49, United States Code;
            (2) the protection and enhancement of the natural 
        environment and communities affected by surface transportation, 
        with special emphasis on assisting the efforts of the States to 
        attain air quality goals established pursuant to the Clean Air 
        Act, while addressing the transportation demands of an 
        expanding economy;
            (3) the enhancement of safe operation of the Nation's 
        surface transportation systems with a particular emphasis on 
        aspects of intelligent transportation systems that will 
        decrease the number and severity of collisions and 
        identification of aspects of such systems that may degrade 
        safety, and on in-vehicle systems that bring about a 
        significant reduction in the deaths and injuries by helping 
        prevent collisions that would otherwise occur;
            (4) the enhancement of surface transportation operational 
        and transactional efficiencies to allow existing facilities to 
        be used to meet a significant portion of future transportation 
        needs, and to reduce regulatory, financial, and other 
        transaction costs to public agencies and system users;
            (5) research, development, investigation, documentation, 
        and promotion of intelligent transportation systems and the 
        public sector organizational capabilities needed to perform or 
        manage the planning, implementation, and operation of 
        intelligent transportation infrastructure in the United States, 
        using authorities provided under section 307 of title 23, 
        United States Code, and sections 111, 112, 301, 30168, 31106, 
        5312, 5337, and 20108 of title 49, United States Code;
            (6) the enhancement of the economic efficiency of surface 
        transportation systems to improve America's competitive 
        position in the global economy;
            (7) the enhancement of public accessibility to activities, 
        goods, and services, through the preservation, improvement and 
        expansion of surface transportation system capabilities, 
        operational efficiency, and intermodal connections;
            (8) the development of a technology base and necessary 
        standards and protocols for intelligent transportation systems; 
        and
            (9) the improvement of the Nation's ability to respond to 
        emergencies and natural disasters, and the enhancement of 
        national defense mobility.

SEC. 754. GENERAL AUTHORITIES AND REQUIREMENTS.

    (a) Cooperation.--In carrying out the program under this subtitle, 
the Secretary shall foster enhanced operations and management of the 
Nation's surface transportation systems, strive to achieve the 
widespread deployment of intelligent transportation systems, and 
continue to advance emerging technologies, in cooperation with State 
and local governments and the United States private sector. As 
appropriate, in carrying out the program under this subtitle, the 
Secretary shall consult with the Secretary of Commerce, the Secretary 
of the Treasury, the Administrator of the Environmental Protection 
Agency, the Director of the National Science Foundation, and the heads 
of other interested Federal departments and agencies and shall maximize 
the involvement of the United States private sector, colleges and 
universities, including Historically Black Colleges and Universities 
and other Minority Institutions of Higher Education, and State and 
local governments in all aspects of the program, including design, 
conduct (including operations and maintenance), evaluation, and 
financial or in-kind participation.
    (b) Standards.--The Secretary shall develop, implement, and 
maintain a National Architecture and supporting standards and protocols 
to promote the widespread use and evaluation of intelligent 
transportation systems technology as a component of the Nation's 
surface transportation systems. To the extent practicable, such 
standards and protocols shall promote interoperability among 
intelligent transportation systems technologies implemented throughout 
the States. In carrying out this subsection, the Secretary may use the 
services of such existing standards-setting organizations as the 
Secretary determines appropriate. The Secretary shall consult with the 
Secretary of Commerce, the Secretary of Defense, and the Federal 
Communications Commission, and take all actions the Secretary deems 
necessary to secure the necessary spectrum for the near-term 
establishment of a dedicated short-range vehicle to wayside wireless 
standard.
    (c) Evaluation.--The Secretary shall prescribe guidelines and 
requirements for the independent evaluation of field and related 
operational tests carried out pursuant to section 756, including 
provisions to ensure the objectivity and independence of the evaluator 
needed to avoid any real or apparent conflict of interest or potential 
influence on the outcome by parties to such tests or any other formal 
evaluation conducted under this subtitle. Any survey, questionnaire, or 
interview which the Secretary considers necessary to carry out the 
evaluation of such tests or program assessment activities under this 
subtitle shall not be subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520).
    (d) Information Clearinghouse.--
            (1) Clearinghouse.--The Secretary shall establish and 
        maintain a repository for technical and safety data collected 
        as a result of federally sponsored projects carried out 
        pursuant to this subtitle and shall make, upon request, such 
        information (except for proprietary information and data) 
        readily available to all users of the repository at an 
        appropriate cost.
            (2) Delegation of authority.--The Secretary may delegate 
        the responsibility of the Secretary under this subsection, with 
        continuing oversight by the Secretary, to an appropriate entity 
        not within the Department of Transportation. If the Secretary 
        delegates such responsibility, the entity to which such 
        responsibility is delegated shall be eligible for Federal 
        assistance under this subtitle.
    (e) Advisory Committees.--The Secretary may utilize one or more 
advisory committees in carrying out this subtitle. Any advisory 
committee so utilized shall be subject to the Federal Advisory 
Committee Act. Funding provided for any such committee shall be 
available from moneys appropriated for advisory committees as specified 
in relevant appropriations acts and from funds allocated for research, 
development, and implementation activities in connection with the 
intelligent transportation systems program under this subtitle.
    (f) Authority to Use Funds.--Each State and eligible local entity 
is authorized to use funds provided under this subtitle or under 
section 1030 of the National Economic Crossroads Transportation 
Efficiency Act of 1997, sections 103, 119, 133, 149, and 402, of title 
23, and sections 31102, 5307, 5309, 5310, and 5311 of title 49, United 
States Code, in accordance with the provisions of each of these 
sections, for implementation, modernization, and operational purposes 
in connection with intelligent transportation infrastructure and 
systems.
    (g) Conformity With Standards.--The Secretary shall ensure that the 
implementation of intelligent transportation systems using funds 
authorized under this subtitle conform to the National Architecture and 
ITS standards and protocols, developed under subsection (b), except for 
projects using funds authorized for specific research objectives in the 
National ITS Program Plan under section 755 of this subtitle.
    (h) Life-Cycle Cost Analysis.--The Secretary shall require an 
analysis of the life-cycle costs of each project using Federal funds 
referenced in subsection (f) of this section, and those authorized in 
section 757 of this subtitle, for operations and maintenance of ITS 
elements, where the total initial capital costs of the ITS elements 
exceeds $3 million.
    (i) Procurement Methods.--To meet the need for effective 
implementation of ITS projects, the Secretary shall develop appropriate 
technical assistance and guidance to assist State and local agencies in 
evaluating and selecting appropriate methods of procurement for ITS 
projects, including innovative and nontraditional methods of 
procurement.

SEC. 755. NATIONAL ITS PROGRAM PLAN, IMPLEMENTATION, AND REPORT TO 
              CONGRESS.

    (a) National ITS Program Plan.--
            (1) Updates.--The Secretary shall maintain and update the 
        National ITS Program Plan as necessary.
            (2) Scope.--The plan shall--
                    (A) specify the goals, objectives, and milestones 
                for the deployment of intelligent transportation 
                infrastructure in the context of major metropolitan 
                areas, smaller metropolitan and rural areas, and 
commercial vehicle information systems and networks, and how specific 
programs and projects relate to the goals, objectives, and milestones, 
including consideration of the 5-, 10-, and 20-year timeframes for the 
goals and objectives;
                    (B) establish a course of action necessary to 
                achieve the program's goals and objectives;
                    (C) provide for the evolutionary development of 
                standards and protocols to promote and ensure 
                interoperability in the implementation of intelligent 
                transportation systems technologies; and
                    (D) establish a cooperative process with State and 
                local governments for determining desired surface 
                transportation system performance levels and 
                development of plans for national incorporation of 
                specific ITS capabilities into surface transportation 
                systems.
    (b) Demonstration and Evaluation of Intelligent Vehicle Systems.--
The Secretary shall conduct research and development activities for the 
purpose of demonstrating integrated intelligent vehicle systems. Such 
research shall include state-of-the-art preproduction systems and shall 
integrate collision avoidance, in-vehicle information, and other safety 
related systems. Development work shall incorporate human factors 
research findings to improve situational awareness of drivers and 
ensure success of the man-machine relationship. This program shall 
build on the technologies developed as part of the NHTSA Crash 
Avoidance and FHWA Automated Highway System programs and shall be 
conducted in cooperation with private industry, educational 
institutions, and other interested parties.
    (c) Implementation Reports.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and biennially thereafter, the 
        Secretary shall submit to Congress a report on implementation 
        of the National ITS Program Plan under subsection (a) of this 
        section.
            (2) Scope of implementation reports.--In preparing reports 
        under this subsection, the Secretary shall--
                    (A) summarize the status of intelligent 
                transportation infrastructure deployment progress;
                    (B) analyze the possible and actual accomplishments 
                of ITS projects in achieving congestion, safety, 
                environmental, and energy conservation goals and 
                objectives;
                    (C) assess nontechnical problems and constraints 
                identified, including the inability to secure suitable 
                spectrum allocations to implement a national or 
                international dedicated short range vehicle to wayside 
                communication standard; and
                    (D) include, if appropriate, any recommendations of 
                the Secretary for legislation or modification to the 
                National ITS Program Plan developed under subsection 
                (a).

SEC. 756. TECHNICAL, TRAINING, PLANNING, RESEARCH AND OPERATIONAL 
              TESTING PROJECT ASSISTANCE.

    (a) Technical Assistance, Training, and Information.--The Secretary 
may provide planning and technical assistance, training, and 
information to State and local governments seeking to implement, 
operate, maintain, and evaluate ITS technologies and services.
    (b) Planning Assistance.--The Secretary may make available 
financial assistance under this section to support adequate 
consideration of transportation system management and operations, 
including intelligent transportation systems and technologies, within 
metropolitan and statewide transportation processes. Such financial 
assistance shall be made available at such time, in such amounts and 
subject to such conditions as the Secretary may determine. The 
Secretary shall develop appropriate technical assistance to support the 
consideration of operations and management issues within metropolitan 
and statewide transportation planning.
    (c) Eligibility of Certain Entities.--Any commercial vehicle 
regulatory agency and any interagency traffic, transportation, or 
incident management entity, including independent public authorities or 
agencies, contracted by a State or local transportation agency for the 
planning, system development, evaluation, implementation, or operation 
of intelligent transportation infrastructure, including commercial 
vehicle information systems and networks, within a designated area or 
along a specific corridor are eligible to receive Federal assistance 
under this subtitle.
    (d) Research and Operational Testing Projects.--The Secretary may 
provide funding to Federal agencies and make grants to non-Federal 
entities, including State and local governments, universities, 
including Historically Black Colleges and Universities and other 
Minority Institutions of Higher Education, and other persons, for 
research and operational tests relating to intelligent transportation 
systems. In deciding which projects to fund under this subsection, the 
Secretary shall--
            (1) give the highest priority to those projects that will--
                    (A) contribute to the goals and objectives 
                specified in the National ITS Program Plan developed 
                under section 755 of this subtitle;
                    (B) minimize the relative percentage and amount of 
                Federal contributions under this subtitle to total 
                project costs;
                    (C) validate and accelerate the establishment and 
                widespread conformance with the National Architecture 
                and related standards and protocols;
                    (D) enhance traffic safety through accelerating the 
                deployment of ITS collision avoidance products through 
                the combined efforts of the Federal Government and 
                industry;
                    (E) demonstrate innovative arrangements for multi-
                agency and/or private sector participation in the 
                cooperative financing of the deployment and/or 
                operation of intelligent transportation systems; and
                    (F) validate the effectiveness of integrated, 
                intelligent transportation systems and infrastructure 
                in enhancing the safety and efficiency of surface 
                transportation within metropolitan and rural areas;
            (2) seek to fund operational tests that advance the current 
        state of knowledge in direct support of national ITS research 
        and technology objectives as defined in the National ITS 
        Program Plan under section 755 of this subtitle; and
            (3) require that operational tests utilizing Federal funds 
        under this subtitle have a written evaluation of the 
        intelligent transportation systems technologies investigated 
        and of the results of the investigation which is consistent 
        with the guidelines developed under section 754(c) of this 
        subtitle.

SEC. 757. APPLICATIONS OF TECHNOLOGY.

    (a) Intelligent Transportation Infrastructure Deployment Incentives 
Program.--The Secretary shall conduct a program to promote the 
deployment of regionally integrated, intermodal intelligent 
transportation systems and, through financial and technical assistance 
under this subtitle, shall assist in the development and implementation 
of such systems, leveraging to the maximum extent funding from other 
sources. In metropolitan areas, funding provided under this subtitle 
shall primarily support activities which integrate existing intelligent 
transportation infrastructure elements or those implemented with other 
sources of public or private funding. For commercial vehicle projects 
and projects outside metropolitan areas, funding provided under this 
subtitle may also be used for installation of intelligent 
transportation infrastructure elements.
    (b) Priorities.--In providing funding for projects under this 
section, the Secretary shall allocate not less than 25 percent of the 
funds made available to carry out this section to eligible State or 
local entities for the implementation of commercial vehicle information 
systems and networks, and international border crossing improvements 
(in accordance with the requirements of this section and section 1030 
of the National Economic Crossroads Transportation Efficiency Act of 
1997), in support of public sector CVO activities nationwide, and not 
less than 10 percent for other intelligent transportation 
infrastructure deployment activities outside of metropolitan areas. In 
accordance with the National ITS Program Plan under section 755 of this 
subtitle, the Secretary shall provide incentives for the deployment of 
integrated applications of intermodal intelligent transportation 
infrastructure and system technologies so as to--
            (1) stimulate sufficient deployment to validate and 
        accelerate the establishment of national ITS standards and 
        protocols;
            (2) realize the benefits of regionally integrated, 
        intermodal deployment of intelligent transportation 
        infrastructure and commercial vehicle operations, including 
        electronic border crossing applications; and
            (3) motivate innovative approaches to overcoming non-
        technical constraints or impediments to deployment.
    (c) Project Selection.--To be selected for funding under this 
section, a project shall--
            (1) contribute to national deployment goals and objectives 
        outlined in the National ITS Program Plan under section 755 of 
        this subtitle;
            (2) demonstrate a strong commitment to cooperation among 
        agencies, jurisdictions, and the private sector, as evidenced 
        by signed Memorandums of Understanding that clearly define the 
        responsibilities and relation of all parties to a partnership 
        arrangement, including institutional relationships and 
        financial agreements needed to support deployment, and 
        commitment to the criteria provided in paragraphs (3) through 
        (7) of this subsection;
            (3) demonstrate commitment to a comprehensive plan of fully 
        integrated ITS deployment in accordance with the national ITS 
        architecture and established ITS standards and protocols;
            (4) be part of approved plans and programs developed under 
        applicable statewide and metropolitan transportation planning 
        processes and applicable State air quality implementation plans 
        at the time Federal funds are sought;
            (5) be instrumental in catalyzing corresponding public or 
        private ITS investments and that minimize the relative 
        percentage and amount of Federal contributions under this 
        section to total project costs;
            (6) include a sound financial approach to ensuring 
        continued, long-term operations and maintenance without 
        continued reliance on Federal funding under this subtitle, 
        along with documented evidence of fiscal capacity and 
        commitment from anticipated public and private sources; and
            (7) demonstrate technical capacity for effective operations 
        and maintenance or commitment to acquiring necessary skills.
    (d) Funding Restrictions and Limitations.--Funding eligibility 
under this section for intelligent transportation infrastructure 
projects in metropolitan areas shall be limited to items necessary to 
integrate intelligent transportation system elements either deployed or 
to be deployed by various implementing public and private agencies and 
organizations. Annual awards shall be limited to $15,000,000 per 
metropolitan area, $2,000,000 per rural project, and $5,000,000 per 
CVISN project, provided that no more than $35,000,000 shall be awarded 
annually within any State.

SEC. 758. FUNDING.

    (a) Intelligent Transportation Infrastructure Deployment Incentives 
Program.--There is authorized to be appropriated to the Secretary for 
carrying out section 757 of this subtitle, out of the Highway Trust 
Fund (other than the Mass Transit Account), $100,000,000 for each of 
fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. In addition to 
amounts made available by subsection (b) of this section, any amounts 
authorized by this subsection and not allocated by the Secretary for 
carrying out section 757 of this subtitle may be used by the Secretary 
for carrying out other activities authorized under this subtitle.
    (b) ITS Research and Program Support Activities.--There is 
authorized to be appropriated to the Secretary for carrying out multi-
year research and technology development initiatives under this 
subtitle (other than section 757), out of the Highway Trust Fund (other 
than the Mass Transit Account), $96,000,000 for each of fiscal years 
1998, 1999, and 2000, and $130,000,000 for each of fiscal years 2001, 
2002, and 2003.
    (c) Federal Share Payable.--
            (1) For activities funded under subsection (a) of this 
        section, the Federal share payable from the sums authorized 
        under subsection (a) shall not exceed 50 percent of the costs 
        thereof, and the total Federal share payable from all eligible 
        sources (including subsection (a)) shall not exceed 80 percent 
        of the costs thereof.
            (2) For activities funded under subsection (b) of this 
        section, unless the Secretary determines otherwise, the Federal 
        share payable on account of such activities shall not exceed 80 
        percent of the costs thereof.
            (3) For long range activities undertaken in partnership 
        with private entities for the purposes of section 755(b) of 
        this subtitle, the Federal share payable on account of such 
        activities shall not exceed 50 percent of the costs thereof.
            (4) The Secretary shall seek maximum participation in the 
        funding of such activities under this subtitle from other 
        public and private sources, and shall minimize the use of funds 
provided under this subtitle for the construction or long-term 
acquisition of buildings and grounds.
    (d) Applicability of Title 23.--Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any activity under this 
section shall be determined in accordance with this section, and such 
funds shall remain available for obligation for a period of 3 years 
after the last day of the fiscal year for which the funds are 
authorized.

                       TITLE VIII--BOATING SAFETY

SEC. 801. SHORT TITLE.

    This Act may be cited as the ``Sportfishing and Boating Improvement 
Act of 1997''.

SEC. 802. AMENDMENT OF 1950 ACT.

    Whenever in this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision of the 
1950 Act, the reference shall be considered to be made to a section or 
other provision of the Act entitled ``An Act to provide that the United 
States shall aid the States in fish restoration and management 
projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C. 
777 et seq.).

SEC. 803. OUTREACH AND COMMUNICATIONS PROGRAMS.

    (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is 
amended--
            (1) by indenting the left margin of so much of the text as 
        precedes ``(a)'' by 2 ems;
            (2) by inserting ``For purposes of this Act--'' after the 
        section caption;
            (3) by striking ``For the purpose of this Act the'' in the 
        first paragraph and inserting ``(1) the'';
            (4) by indenting the left margin of so much of the text as 
        follows ``include--'' by 4 ems;
            (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
        inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;
            (6) by striking ``department.'' and inserting 
        ``department;''; and
            (7) by adding at the end thereof the following:
            ``(2) the term `outreach and communications program' means 
        a program to improve communications with anglers, boaters, and 
        the general public regarding angling and boating opportunities, 
        to reduce barriers to participation in these activities, to 
        advance adoption of sound fishing and boating practices, to 
        promote conservation and the responsible use of the nation's 
        aquatic resources, and to further safety in fishing and 
        boating; and
            ``(3) the term `aquatic resource education program' means a 
        program designed to enhance the public's understanding of 
        aquatic resources and sport-fishing, and to promote the 
        development of responsible attitudes and ethics toward the 
        aquatic environment.''.
    (b) Funding for Outreach and Communications Program.--Section 4 of 
the 1950 Act (16 U.S.C. 777c) is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f);
            (2) by inserting after subsection (b) the following:
    ``(c) National Outreach and Communications Fund.--
            ``(1) Establishment.--There is established on the books of 
        the Treasury a fund to be known as the `National Outreach and 
        Communications Fund'.
            ``(2) Credits.--There shall be credited to the Fund--
                    ``(A) out of the balance of each such annual 
                appropriation remaining after the distribution and use 
                under subsections (a) and (b), respectively, the sum 
                of--
                            ``(i) $5,000,000 for fiscal year 1998;
                            ``(ii) $6,000,000 for fiscal year 1999;
                            ``(iii) $7,000,000 for fiscal year 2000;
                            ``(iv) $8,000,000 for fiscal year 2001; and
                            ``(v) $10,000,000 for fiscal year 2002; and
                    ``(B) amounts allocated to it under subsection (d).
            ``(3) Carryforward.--Amounts credited to the fund under 
        paragraph (2) shall remain available for 2 fiscal years after 
        the fiscal year in which credited. Amounts credited to the fund 
        under that paragraph that are unobligated by the Secretary of 
        the Interior more than 2 years after the fiscal year in which 
        credited shall be available to the Secretary under subsection 
        (e).'';
            (4) by inserting a comma and ``for an outreach and 
        communications program'' after ``Act'' in subsection (d), as so 
        redesignated;
            (5) by striking ``subsections (a) and (b),'' in subsection 
        (d), as so redesignated, ``subsections (a), (b), and (c),'';
            (6) by adding at the end of subsection (d), as so 
        redesignated, the following: ``Of the sum available to the 
        Secretary of the Interior under this subsection for any fiscal 
year, not more than $2,500,000 is authorized to be allocated to the 
National Outreach and Communications Fund. No funds available to the 
Secretary under this subsection may be used to replace funding 
traditionally provided through general appropriations, nor for any 
purposes except those purposes authorized by this Act. The Secretary 
shall publish a detailed accounting of the projects, programs, and 
activities funded under this subsection annually in the Federal 
Register.''; and
            (7) by striking ``subsections (a), (b), and (c),'' in 
        subsection (e), as so redesignated, and inserting ``subsections 
        (a), (b), (c), and (d),''.
    (c) Increase in State Allocation.--Section 8 of the 1950 Act (16 
U.S.C. 777g) is amended--
            (1) by striking ``12\1/2\ percentum'' each place it appears 
        in subsection (b) and inserting ``15 percent'';
            (2) by striking ``10 percentum'' in subsection (c) and 
        inserting ``15 percent'';
            (3) by inserting ``and communications'' in subsection (c) 
        after ``outreach''; and
            (4) by redesignating subsection (d) as subsection (f); and 
        by inserting after subsection (c) the following:
    ``(d) National Outreach and Communications Program.--
            ``(1) Implementation.--Within 1 year after the date of 
        enactment of the Sportfishing and Boating Improvement Act of 
        1997, the Secretary of the Interior shall develop and 
        implement, in cooperation and consultation with the Sport 
        Fishing and Boating Partnership Council, a national plan for 
        outreach and communications.
            ``(2) Content.--The plan shall provide--
                    ``(A) guidance, including guidance on the 
                development of an administrative process and funding 
                priorities, for outreach and communications programs; 
                and
                    ``(B) for the establishment of a national program.
            ``(3) Secretary may match or fund programs.--Under the 
        plan, the Secretary may obligate amounts from the National 
        Outreach and Communications Fund under section 4(c) of this 
        Act--
                    ``(A) to make grants to any State or private entity 
                to pay all or any portion of the cost of carrying out 
                any outreach or communications program under the plan; 
                or
                    ``(B) to fund contracts with States or private 
                entities to carry out such a program.
            ``(4) Review.--The plan shall be reviewed periodically, but 
        not less frequently than once every 3 years.
    ``(e) State Outreach and Communications Program.--Within 12 months 
after the completion of the national plan under subsection (d)(1), a 
State shall develop a plan for an outreach and communications program 
and submit it to the Secretary. In developing the plan, a State shall--
            ``(1) review the national plan developed under subsection 
        (d);
            ``(2) consult with anglers, boaters, the sportfishing and 
        boating industries, and the general public; and
            ``(3) establish priorities for the State outreach and 
        communications program proposed for implementation.''.

SEC. 804. CLEAN VESSEL ACT FUNDING.

    Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read 
as follows:
    ``(b) Use of Balance After Distribution.--
            ``(1) Fiscal year 1998.--For fiscal year 1998, of the 
        balance remaining after making the distribution under 
        subsection (a), an amount equal to $51,000,000 shall be used as 
        follows:
                    ``(A) $31,000,000 for fiscal year 1998 shall be 
                transferred to the Secretary of Transportation and 
                shall be expended for State recreational boating safety 
                programs under section 13106 of title 46, United States 
                Code;
                    ``(B) $10,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior for 3 
                years for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 (33 
                U.S.C. 1322 note); and
                    ``(C) $10,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior for 3 
                years for obligation for qualified projects under 
                section (5)(d) of the Sportfishing and Boating 
                Improvement Act of 1997.
            ``(2) Fiscal years 1999-2003.--For each of fiscal years 
        1999 through 2003, the balance of each annual appropriation 
        remaining after making the distribution under subsection (a), 
        an amount equal to $84,000,000, reduced by 82 percent of the 
        amount appropriated for that fiscal year from the Boat Safety 
        Account of the Aquatic Resources Trust Fund established by 
        section 9504 of the Internal Revenue Code of 1986 (26 U.S.C. 
9504) to carry out the purposes of section 13106(a) of title 46, United 
States Code, shall be used as follows:
                    ``(A) $10,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior for 3 
                years for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 (33 
                U.S.C. 1322 note);
                    ``(B) $10,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior for 3 
                years for obligation for qualified projects under 
                section (5)(d) of the Sportfishing and Boating 
                Improvement Act of 1997; and
                    ``(C) the balance shall be transferred for each 
                such fiscal year to the Secretary of Transportation and 
                shall be expended for State recreational boating safety 
                programs under section 13106 of title 46, United States 
                Code.
            ``(3) Amounts available under subparagraphs (A) and (B) of 
        paragraph (1) and paragraph (2) that are unobligated by the 
        Secretary of the Interior after 3 years shall be transferred to 
        the Secretary of Transportation and shall be expended for State 
        recreational boating safety programs under section 13106(a) of 
        title 46, United States Code.''.

SEC. 805. BOATING INFRASTRUCTURE.

    (a) Purpose.--The purpose of this section is to provide funds to 
States for the development and maintenance of public facilities for 
transient nontrailerable recreational vessels.
    (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended 
by section 803, is amended by adding at the end thereof the following:
    ``(g) Surveys.--
            ``(1) National framework.--Within 6 months after the date 
        of enactment of the Sportfishing and Boating Improvement Act of 
        1997, the Secretary, in consultation with the States, shall 
        adopt a national framework for a public boat access needs 
        assessment which may be used by States to conduct surveys to 
        determine the adequacy, number, location, and quality of 
        facilities providing access to recreational waters for all 
        sizes of recreational boats.
            ``(2) State surveys.--Within 18 months after such date of 
        enactment, each State that agrees to conduct a public boat 
        access needs survey following the recommended national 
        framework shall report its findings to the Secretary for use in 
        the development of a comprehensive national assessment of 
        recreational boat access needs and facilities.
            ``(3) Exception.--Paragraph (2) does not apply to a State 
        if, within 18 months after such date of enactment, the 
        Secretary certifies that the State has developed and is 
        implementing a plan that ensures there are and will be public 
        boat access adequate to meet the needs of recreational boaters 
        on its waters.
            ``(4) Funding.--A State that conducts a public boat access 
        needs survey under paragraph (2) may fund the costs of 
        conducting that assessment out of amounts allocated to it as 
        funding dedicated to motorboat access to recreational waters 
        under subsection (b)(1) of this section.''.
    (c) Plan.--Within 6 months after submitting a survey to the 
Secretary under section 8(g) of the Act entitled ``An Act to provide 
that the United States shall aid the States in fish restoration and 
management projects, and for other purposes,'' approved August 9, 1950 
(16 U.S.C. 777g(g)), as added by subsection (b) of this section, a 
State may develop and submit to the Secretary a plan for the 
construction, renovation, and maintenance of public facilities, and 
access to those facilities, for transient nontrailerable recreational 
vessels to meet the needs of nontrailerable recreational vessels 
operating on navigable waters in the State.
    (d) Grant Program.--
            (1) Matching grants.--The Secretary of the Interior shall 
        obligate amounts made available under section 4(b)(1)(C) of the 
        Act entitled ``An Act to provide that the United States shall 
        aid the States in fish restoration and management projects, and 
        for other purposes,'' approved August 9, 1950 (16 U.S.C. 
        777c(b)(1)(C)) to make grants to any State to pay not more than 
        75 percent of the cost to a State of constructing, renovating, 
        or maintaining public facilities for transient nontrailerable 
        recreational vessels.
            (2) Priorities.--In awarding grants under paragraph (1), 
        the Secretary shall give priority to projects that--
                    (A) consist of the construction, renovation, or 
                maintenance of public facilities for transient 
                nontrailerable recreational vessels in accordance with 
                a plan submitted by a State under subsection (c);
                    (B) provide for public/private partnership efforts 
                to develop, maintain, and operate facilities for 
                transient nontrailerable recreational vessels; and
                    (C) propose innovative ways to increase the 
                availability of facilities for transient nontrailerable 
                recreational vessels.
    (e) Definitions.--For purposes of this section, the term--
            (1) ``nontrailerable recreational vessel'' means a 
        recreational vessel 26 feet in length or longer--
                    (A) operated primarily for pleasure; or
                    (B) leased, rented, or chartered to another for the 
                latter's pleasure;
            (2) ``public facilities for transient nontrailerable 
        recreational vessels'' includes mooring buoys, day-docks, 
        navigational aids, seasonal slips, or similar structures 
        located on navigable waters, that are available to the general 
        public and designed for temporary use by nontrailerable 
        recreational vessels; and
            (4) ``State'' means each of the several States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.
    (f) Effective Date.--This section shall take effect on October 1, 
1997.

SEC. 806. BOAT SAFETY FUNDS.

    (a) In General.--Section 13106 of title 46, United States Code, is 
amended--
            (1) by striking the first sentence of subsection (a)(1) and 
        inserting the following: ``Subject to paragraph (2) and 
        subsection (c), the Secretary shall expend in each fiscal year 
        for State recreational boating safety programs, under contracts 
        with States under this chapter, an amount equal to the sum of 
        (A) the amount appropriated from the Boat Safety Account for 
        that fiscal year and (B) the amount transferred to the 
        Secretary under section 4(b)(1) of the Act of August 9, 1950 
        (16 U.S.C. 777c(b)(1)).''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Of the amount transferred for each fiscal year to the 
Secretary of Transportation under section 4(b)(1)(A) of the Act of 
August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available to the 
Secretary for payment of expenses of the Coast Guard for personnel and 
activities directly related to coordinating and carrying out the 
national recreational boating safety program under this title. Amounts 
made available by this subsection shall remain available until 
expended. The Secretary shall publish annually in the Federal Register 
a detailed accounting of the projects, programs, and activities funded 
under this subsection.''.
    (b) Conforming Amendments.--
            (1) The caption for section 13106 of title 46, United 
        States Code, is amended to read as follows:
``Sec. 13106. Authorization of appropriations''.
            (2) The chapter analysis for chapter 131 of title 46, 
        United States Code, is amended by striking the item relating to 
        section 13106 and inserting the following:

``13106. Authorization of appropriations.''.

SEC. 807. FUNDS FOR RECREATIONAL BOATING SAFETY.

    (a) Allocation of Funds to Insular Areas.--Section 13103 of title 
46, United States Code, is amended--
            (1) by inserting ``(1) before ``The Secretary'' in 
        subsection (a);
            (2) by redesignating paragraphs (1), (2), and (3) of 
        subsection (a) as subparagraphs (A), (B), and (C), 
        respectively;
            (3) by adding at the end of subsection (a) the following:
    ``(2) The amount allocated to each of the insular areas under this 
subsection shall not exceed one-half of one percent of the total amount 
allocated under paragraph (1).'';
            (4) by striking ``year.'' in subsection (b) and inserting 
        the following: ``year, except that, in the case of the insular 
        areas, the requirement for local matching funds is waived for 
        amounts under $200,000.''; and
            (5) by adding at the end thereof the following:
    ``(d) For purposes of this section, the term `insular areas' means 
American Samoa, Guam, the Northern Mariana Islands, and the Virgin 
Islands.''.
    (b) Availability of Allocations.--Section 13104(a) of such title is 
amended--
            (1) by striking ``3 years'' in paragraph (1) and inserting 
        ``2 years''; and
            (2) by striking ``3-year'' in paragraph (2) and inserting 
        ``2-year''.
                                 <all>