[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1267

    To amend title 49, United States Code, to provide for enhanced 
       intermodal transportation safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 1997

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

_______________________________________________________________________

                                 A BILL


 
    To amend title 49, United States Code, to provide for enhanced 
       intermodal 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 ``Intermodal Transportation Safety Act 
of 1997''.

SEC. 2. 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.

SEC. 3. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
                        TITLE I--HIGHWAY SAFETY

Sec. 101. Highway safety programs.
Sec. 102. National driver register.
Sec. 103. Authorizations of appropriations.
                        TITLE II--TRAFFIC SAFETY

Sec. 201. Amendment to title 23, United States Code.
Sec. 202. Amendments to chapter 301 (motor vehicle safety).
     TITLE III--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

Sec. 301. Findings and purposes; definitions.
Sec. 302. Handling criteria repeal.
Sec. 303. Hazmat employee training requirements.
Sec. 304. Registration.
Sec. 305. Shipping paper retention.
Sec. 306. Unsatisfactory safety rating.
Sec. 307. Public sector training curriculum.
Sec. 308. Planning and training grants.
Sec. 309. Special permits and exclusions.
Sec. 310. Administration.
Sec. 311. Cooperative agreements.
Sec. 312. Enforcement.
Sec. 313. Penalties.
Sec. 314. Preemption.
Sec. 315. Judicial review.
Sec. 316. Hazardous material transportation reauthorization.
Sec. 317. Authorization of appropriations.
             TITLE IV--COMPREHENSIVE ONE-CALL NOTIFICATION

Sec. 401. Findings.
Sec. 402. Establishment of one-call notification programs.
                     TITLE V--MOTOR CARRIER SAFETY

Sec. 501. Statement of purpose.
Sec. 502. Grants to States.
Sec. 503. Federal share.
Sec. 504. Authorization of appropriations.
Sec. 505. Information systems and strategic safety initiatives.
Sec. 506. Improved flow of driver history pilot program.
Sec. 507. Motor carrier and driver safety research.
Sec. 508. Authorization of appropriations.
Sec. 509. Conforming amendments.
Sec. 510. Automobile transporter defined.
Sec. 511. Repeal of review panel; review procedure.
Sec. 512. Commercial motor vehicle operators.
Sec. 513. Penalties.
Sec. 514. International registration plan and international fuel tax 
                            agreement.
Sec. 515. Study of adequacy of parking facilities.
Sec. 516. National minimum drinking age--technical corrections.
Sec. 517. Application of regulations.
Sec. 518. Authority over charter bus transportation.
Sec. 519. Federal motor carrier safety investigations.
Sec. 520. Foreign motor carrier safety fitness.
Sec. 521. Commercial motor vehicle safety advisory committee.
Sec. 522. Waivers and pilot programs.
    TITLE VI--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM AND SAFETY

Sec. 601. Purpose.
Sec. 602. Amendments to the ``Wrecking Trains'' statute.
Sec. 603. Terrorist attacks against mass transportation.
Sec. 604. Investigative jurisdiction.
Sec. 605. Safety considerations in grants or loans to commuter 
                            railroads.
Sec. 606. Railroad accident and incident reporting.
Sec. 607. Vehicle weight limitations--mass transportation buses.

                        TITLE I--HIGHWAY SAFETY

SEC. 101. HIGHWAY SAFETY PROGRAMS.

    (a) Uniform Guidelines.--Section 402(a) of title 23, United States 
Code, is amended--
            (1) by striking the fifth sentence; and
            (2) by striking ``section 4007'' and inserting ``section 
        4004''.
    (b) Administrative Requirements.--Section 402(b) of such title is 
amended--
            (1) in paragraph (1) by striking the period at the end of 
        each of subparagraphs (A) and (B) and inserting a semicolon;
            (2) in paragraph (1)(C) by inserting ``, including Indian 
        tribes,'' after ``subdivisions of such State'';
            (3) in paragraph (1)(C) by striking the period at the end 
        and inserting ``; and'';
            (4) by striking paragraph (1)(E); and
            (5) 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) in the 6th sentence 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''; and
            (2) by striking the 7th and 8th sentences.
    (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(k) of such title is 
amended to read as follows:
    ``(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), (m), (n), or (o) 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), (m), (n), or (o) 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), (m), (n), or (o) 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 may 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 two 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; and
                    ``(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 two 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.
            ``(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) Occupant Protection: Basic Grant Eligibility.--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 
                passengers.--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 or penalty 
                points.--The State provides for primary enforcement of 
                its safety belt use law or provides for the imposition 
                of penalty points against a person's driver's license 
                for a violation of its safety belt use law.
                    ``(C) Child passenger protection law.--The State 
                has in effect a law that requires any child up to 4 
                years of age who is riding in a passenger motor vehicle 
                to be properly secured in a child safety seat.
                    ``(D) 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.
                    ``(E) 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 
                three 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) 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.
                    ``(D) Open bed laws.--The State has in effect a law 
                that prohibits persons from riding in the open bed of a 
                pickup truck.
                     ``(E) 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.
    ``(n) 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 $125,000, 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 $225,000, subject to the 
        availability of appropriations.
            ``(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.
    ``(o) Drugged Driving Countermeasures.--The Secretary shall make 
grants to those States that adopt and implement effective programs to 
reduce drug use and drugged driving:
            ``(1) Grant eligibility.--A State is eligible for a grant 
        under this subsection in a fiscal year by meeting, to the 
        satisfaction of the Secretary, 5 or more of the following 
        criteria:
                    ``(A) Zero tolerance for drugs.--The State has in 
                effect a law that requires that any person with a 
                measurable amount of a controlled substance, a 
                combination of controlled substances, or a combination 
                of alcohol and controlled substances when driving a 
                motor vehicle shall be deemed to be driving under the 
                influence of or impaired by a controlled substance.
                    ``(B) Drug impaired driving.--The State has in 
                effect a law that makes it unlawful for any person to 
                drive or be in actual physical control of a motor 
                vehicle while under the influence of or impaired by a 
                drug or substance (licit or illicit).
                    ``(C) Mandatory testing for drugs or substances.--
                The State has in effect a law that provides for 
                mandatory chemical 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 
                a drug or substance-related traffic offense.
                    ``(D) Administrative license revocation.--The State 
                has in effect an administrative driver's license 
                suspension or revocation system for persons who operate 
                motor vehicles while under the influence of a drug or 
                substance 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 one or more chemical tests to have 
                        been operating a motor vehicle under the 
                        influence of a drug or substance or is 
                        determined to have refused to submit to such a 
                        test as requested by the law enforcement 
                        officer, the State agency responsible for 
                        administering drivers' licenses, upon receipt 
                        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 (D)(i) shall take effect not 
                        later than 30 days after the day on which the 
                        person was determined to have been driving 
                        under the influence of drugs or refused to take 
                        a chemical test in accordance with the State's 
                        procedures.
                    ``(E) License revocation or suspension of persons 
                convicted of drug offenses.--The State has in effect a 
                law that requires in all circumstances, or requires in 
                the absence of compelling circumstances warranting an 
                exception--
                            ``(i) the revocation, or suspension for at 
                        least 6 months, of the driver's license of any 
                        person who is convicted, after the enactment of 
                        such law, of--
                                    ``(I) any violation of the 
                                Controlled Substances Act, or
                                    ``(II) any drug offense; and
                            ``(ii) a delay in the issuance or 
                        reinstatement of a driver's license to such a 
                        person for at least 6 months after the person 
                        applies for the issuance or reinstatement of a 
                        driver's license if the person does not have a 
                        driver's license, or the driver's license of 
                        the person is suspended, at the time the person 
                        is so convicted.
                    ``(F) Graduated licensing.--The State has adopted 
                an effective three-stage graduated licensing system for 
                young drivers, as determined by the Secretary, that 
                includes drug use and drugged driving provisions.
                    ``(G) Active enforcement and publicity.--The State 
                provides for active enforcement and publicity, as 
                determined by the Secretary, of drugged driving laws.
                    ``(H) Drug intervention.--The State has in effect a 
                system that provides for an assessment of persons 
                determined to have been operating a motor vehicle under 
the influence of or impaired by a drug or controlled substance, as 
determined by the Secretary, and referral to drug education, 
counseling, and treatment, as appropriate.
                    ``(I) Drug education.--The State has adopted an 
                effective educational program, as determined by the 
                Secretary, under which drug information is provided to 
                persons who apply for and who renew their driver's 
                licenses, and drug-related questions are included on 
                drivers' license examinations.
            ``(2) Grant amount.--The amount of a grant made for drugged 
        driving countermeasures for any fiscal year to any eligible 
        State shall not be more than 20 percent of the amount 
        apportioned to the State for fiscal year 1997 under section 402 
        of this title.
            ``(3) Definitions.--For the purposes of this subsection--
                    ``(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.''.
    (g) Conforming Amendment.--Section 410 of chapter 4 of this title 
is repealed, and the analysis for chapter 4 of this title is amended by 
striking the item relating to Section 410.

SEC. 102. NATIONAL DRIVER REGISTER.

    (a) Transfer of Selected Functions to Non-Federal Management.--
Section 30302 of title 49, United States Code, 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.--
            (1) Conforming amendments.--Section 30305(b) of title 49, 
        United States Code, is amended--
                    (A) in paragraph (2), by inserting before the 
                period at the end ``, unless the information is about a 
                revocation or suspension still in effect on the date of 
                the request'';
                    (B) In paragraph (8), as redesignated by section 
                207(b) of the Coast Guard Authorization Act of 1996 
                (Public Law 104-324, 110 Stat. 3908), by striking 
                ``paragraph (2)'' and substituting ``subsection (a) of 
                this section''; and
                    (C) by redesignating paragraph (8), as redesignated 
                by section 502(b)(1) of the Federal Aviation 
                Reauthorization Act of 1996 (Public Law 104-264, 110 
                Stat. 3262), as paragraph (9).
            (2) Federal agency access provision.--Section 30305(b) of 
        title 49, United States Code, is further amended by--
                    (A) redesignating paragraph (6) as paragraph (10) 
                and inserting it after paragraph (9);
                    (B) inserting the following new paragraph (6):
            ``(6) 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).''; and
                    (C) inserting the following at the end of the 
                subsection:
            ``(11) 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.''.

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), (m), (n), and (o) of 
                that section--
                            (i) $116,370,000 for fiscal year 1998;
                            (ii) $121,838,000 for fiscal year 1999;
                            (iii) $125,125,000 for fiscal year 2000;
                            (iv) $128,505,000 for fiscal year 2001;
                            (v) $131,809,000 for fiscal year 2002; and
                            (vi) $139,732,000 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--
                            (i) $30,570,000 for fiscal year 1998;
                            (ii) $28,500,000 for fiscal year 1999;
                            (iii) $29,273,000 for fiscal year 2000;
                            (iv) $30,065,000 for fiscal year 2001;
                            (v) $38,743,000 for fiscal year 2002; and
                            (vi) $39,815,000 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 subsection (l) to 
                subsections (m), (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.
                    (C) To carry out the occupant protection program 
                incentive grant provisions of subsection (m) of section 
                402 of title 23, United States Code, by the National 
                Highway Traffic Safety Administration--
                            (i) $13,950,000 for fiscal year 1998;
                            (ii) $14,618,000 for fiscal year 1999;
                            (iii) $15,012,000 for fiscal year 2000;
                            (iv) $15,418,000 for fiscal year 2001;
                            (v) $17,640,000 for fiscal year 2002; and
                            (vi) $17,706,000 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 subsection (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--
                            (i) $8,370,000 for fiscal year 1998;
                            (ii) $8,770,000 for fiscal year 1999;
                            (iii) $9,007,000 for fiscal year 2000; and
                            (iv) $9,250,000 for fiscal year 2001.
                Amounts made available to carry out subsection (n) are 
                authorized to remain available until expended.
                    (E) To carry out the drugged driving 
                countermeasures incentive grant provisions of section 
                402(o) of title 23, United States Code, by the National 
                Highway Traffic Safety Administration--
                            (i) $3,488,000 for fiscal year 1998;
                            (ii) $3,654,000 for fiscal year 1999;
                            (iii) $3,752,000 for fiscal year 2000;
                            (iv) $3,850,000 for fiscal year 2001;
                            (v) $3,950,000 for fiscal year 2002; and
                            (vi) $4,071,000 for fiscal year 2003.
                    Amounts made available to carry out subsection (o) 
                are authorized to remain available until expended, 
                provided that, in each fiscal year the Secretary may 
                reallocate any amounts remaining available under 
                subsection (o) to subsections (l), (m), and (n) 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.
            (2) National driver register.--For carrying out chapter 303 
        (National Driver Register) of title 49, United States Code, by 
        the National Highway Traffic Safety Administration--
                            (i) $1,605,000 for fiscal year 1998;
                            (ii) $1,680,000 for fiscal year 1999;
                            (iii) $1,726,000 for fiscal year 2000;
                            (iv) $1,772,000 for fiscal year 2001;
                            (v) $1,817,000 for fiscal year 2002; and
                            (vi) $1,872,000 for fiscal year 2003.

                        TITLE II--TRAFFIC SAFETY

SEC. 201. AMENDMENT TO TITLE 23, UNITED STATES CODE.

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

SEC. 202. AMENDMENTS TO CHAPTER 301 (MOTOR VEHICLE SAFETY).

    (a) In General.--Chapter 301 is amended by adding at the end the 
following new section:
``Sec. 30148. International motor vehicle safety outreach
    ``(a) Activities.--The Secretary is authorized, in consultation 
with the Secretaries of State and Commerce where appropriate, to engage 
in activities that improve worldwide motor vehicle safety through 
appropriate activities. Such activities may include--
            ``(1) promoting the adoption of international and national 
        vehicle standards that are harmonized with, functionally 
        equivalent to, or compatible with United States vehicle 
        standards;
            ``(2) participating in efforts to foster an international 
        acceptance of globally harmonized and/or functionally 
        equivalent or compatible motor vehicle regulations and 
        standards to otherwise improve international highway and motor 
        vehicle safety;
            ``(3) promoting international cooperative programs for 
        conducting research, development, demonstration projects, 
        training, and other forms of technology transfer and exchange, 
        including safety conferences, seminars, and/or expositions to 
        enhance international motor vehicle safety; and
            ``(4) providing technical assistance to other countries 
        relating to their adoption of United States vehicle regulations 
        or standards functionally equivalent to United States vehicle 
        standards.
    ``(b) Cooperation.--The Secretary may carry out the authority 
granted by this section, in cooperation with appropriate United States 
government agencies, any State or local agency, and any authority, 
association, institution, corporation (profit or nonprofit), foreign 
government, multinational institution, or any other organization or 
person.
    ``(c) Consideration.--When engaging in activities to improve 
worldwide motor vehicle safety, the Secretary shall ensure that these 
activities maintain or improve the level of safety of motor vehicles 
and motor vehicle equipment sold in the United States.''
    (b) Conforming Amendment.--The chapter analysis for chapter 301 is 
amended by adding at the end thereof the following:

``30148. International motor vehicle safety outreach.''.

     TITLE III--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

SEC. 301. 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.
    ``(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 provide adequate training for public sector 
        emergency response teams to ensure safe responses to hazardous 
        material transportation accidents and incidents.''.
    (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. 302. 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. 303. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

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

SEC. 304. REGISTRATION.

    Section 5108 is amended by--
            (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)'';
            (4) by striking ``may'' in subsection (g)(1) and inserting 
        ``shall''; and
            (5) by inserting ``or an Indian tribe,'' in subsection 
        (i)(2)(B) after ``State,''.

SEC. 305. 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. 306. UNSATISFACTORY SAFETY RATING.

    Section 5113(d) is amended by striking ``Secretary, in consultation 
with the Interstate Commerce Commission,'' and inserting ``Secretary''.

SEC. 307. PUBLIC SECTOR TRAINING CURRICULUM.

    Section 5115 is amended by--
            (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. 308. PLANNING AND TRAINING GRANTS.

    Section 5116 is amended by--
            (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. 309. SPECIAL PERMITS AND EXCLUSIONS.

    (a) Section 5117 is amended by--
            (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. 310. ADMINISTRATION.

    (a) Section 5121 is amended by striking subsections (a), (b), and 
(c) and redesignating subsections (d) and (e) as subsections (a) and 
(b).
    (b) Section 5122 is amended by redesignating subsections (a), (b), 
and (c) as subsections (d), (e), and (f), and by inserting before 
subsection (d), as redesignated, the following:
    ``(a) General Authority.--To carry out this chapter, the Secretary 
of Transportation may investigate, make reports, issue subpenas, 
conduct hearings, require the production of records and property, take 
depositions, and conduct research, development, demonstration, and 
training activities. After notice and an opportunity for a hearing, the 
Secretary may issue an order requiring compliance with this chapter or 
a regulation prescribed under this chapter.
    ``(b) Records, Reports, and Information.--A person subject to this 
chapter shall--
            ``(1) maintain records, make reports, and provide 
        information the Secretary by regulation or order requires; and
            ``(2) make the records, reports, and information available 
        when the Secretary requests.
    ``(c) Inspection.--
            ``(1) The Secretary may authorize an officer, employee, or 
        agent to inspect, at a reasonable time and in a reasonable way, 
        records and property related to--
                    ``(A) manufacturing, fabricating, marking, 
                maintaining, reconditioning, repairing, testing, or 
                distributing a packaging or a container for use by a 
                person in transporting hazardous material in commerce; 
                or
                    ``(B) the transportation of hazardous material in 
                commerce.
            ``(2) An officer, employee, or agent under this subsection 
        shall display proper credentials when requested.''.

SEC. 311. COOPERATIVE AGREEMENTS.

    Section 5121, as amended by section 310(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. 312. ENFORCEMENT.

    Section 5122, as amended by section 310(b), is further amended by--
            (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), (e) and (f) as 
        subsections (f), (g) and (h), and inserting after subsection 
        (c) the following:
    ``(d) Other Authority.--
            ``(1) Inspection.--During inspections and investigations, 
        officers, employees, or agents of the Secretary may--
                    ``(A) open and examine the contents of a package 
                offered for, or in, transportation when--
                            ``(i) the package is marked, labeled, 
                        certified, placarded, or otherwise represented 
                        as containing a hazardous material, or
                            ``(ii) there is an objectively reasonable 
                        and articulable belief that the package may 
                        contain a hazardous material;
                    ``(B) 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;
                    ``(C) 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
                    ``(D) when safety might otherwise be compromised, 
                authorize properly qualified personnel to conduct the 
                examination, sampling, or analysis of a material.
            ``(2) Notification.--No package opened pursuant to this 
        subsection shall continue its transportation until the officer, 
        employee, or agent of the Secretary--
                    ``(A) affixes a label to the package indicating 
                that the package was inspected pursuant to this 
                subsection; and
                    ``(B) notifies the shipper that the package was 
                opened for examination.
    ``(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. 313. 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. 314. 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.''.

SEC. 315. 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. 316. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

    (a) In General.--Chapter 51, as amended by section 315 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 
Intermodal 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 315, 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. 317. AUTHORIZATION OF APPROPRIATIONS.

    Section 5129, as redesignated, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) General.--There are authorized to be appropriated to the 
Secretary of Transportation to carry out this chapter (except sections 
5107(e), 5108(g)(2), 5113, 5115, and 5116) not more than--
            ``(1) $15,492,000 for fiscal year 1998;
            ``(2) $16,000,000 for fiscal year 1999;
            ``(3) $16,500,000 for fiscal year 2000;
            ``(4) $17,000,000 for fiscal year 2001;
            ``(5) $17,500,000 for fiscal year 2002; and
            ``(6) $18,000,000 for fiscal year 2003.''; and
    (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) 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.''.

             TITLE IV--COMPREHENSIVE ONE-CALL NOTIFICATION

SEC. 401. FINDINGS.

    The Congress finds that--
            (1) unintentional damage to underground facilities during 
        excavation is a significant cause of disruptions in 
        telecommunications, water supply, electric power and other 
        vital public services, such as hospital and air traffic control 
        operations, and is a leading cause of natural gas and hazardous 
        liquid pipeline accidents;
            (2) excavation that is performed without prior notification 
        to an underground facility operator or with inaccurate marking 
        of such a facility prior to excavation can cause damage that 
        results in fatalities, serious injuries, harm to the 
        environment and disruption of vital services to the public; and
            (3) protection of the public and the environment from the 
        consequences of underground facility damage caused by 
        excavations will be enhanced by a coordinated national effort 
        to improve one-call notification programs in each State and the 
        effectiveness and efficiency of one-call notification systems 
        that operate under such programs.

SEC. 402. ESTABLISHMENT OF ONE-CALL NOTIFICATION PROGRAMS.

    (a) In General.--Subtitle III is amended by adding at the end 
thereof the following:

              ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS

``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.
``Sec. 6101. Purposes
    ``The purposes of this chapter are--
            ``(1) to enhance public safety;
            ``(2) to protect the environment;
            ``(3) to minimize risks to excavators; and
            ``(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during 
excavation through the adoption and efficient implementation by all 
States of State one-call notification programs that meet the minimum 
standards set forth under section 6103.
``Sec. 6102. Definitions
    ``For purposes of this chapter--
            ``(1) One-call notification system.--The term ``one-call 
        notification system'' means a system operated by an 
        organization that has as one of its purposes to receive 
        notification from excavators of intended excavation in a 
        specified area in order to disseminate such notification to 
        underground facility operators that are members of the system 
        so that such operators can locate and mark their facilities in 
        order to prevent damage to underground facilities in the course 
        of such excavation.
            ``(2) State one-call notification program.--The term 
        ``State one-call notification program'' means the State 
        statutes, regulations, orders, judicial decisions, and other 
        elements of law and policy in effect in a State that establish 
        the requirements for the operation of one-call notification 
        systems in such State.
            ``(3) State.--The term `State' means a State, the District 
        of Columbia, and Puerto Rico.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
``Sec. 6103. Minimum standards for State one-call notification programs
    ``(a) Minimum Standards.--A State one-call notification program 
shall, at a minimum, provide for--
            ``(1) appropriate participation by all underground facility 
        operators;
            ``(2) appropriate participation by all excavators; and
            ``(3) flexible and effective enforcement under State law 
        with respect to participation in, and use of, one-call 
        notification systems.
    ``(b) Appropriate Participation.--In determining the appropriate 
extent of participation required for types of underground facilities or 
excavators under subsection (a), a State shall assess, rank, and take 
into consideration the risks to the public safety, the environment, 
excavators, and vital public services associated with--
            ``(1) damage to types of underground facilities; and
            ``(2) activities of types of excavators.
    ``(c) Implementation.--A State one-call notification program also 
shall, at a minimum, provide for--
            ``(1) consideration of the ranking of risks under 
        subsection (b) in the enforcement of its provisions;
            ``(2) a reasonable relationship between the benefits of 
        one-call notification and the cost of implementing and 
        complying with the requirements of the State one-call 
        notification program; and
            ``(3) voluntary participation where the State determines 
        that a type of underground facility or an activity of a type of 
        excavator poses a de minimis risk to public safety or the 
        environment.
    ``(d) Penalties.--To the extent the State determines appropriate 
and necessary to achieve the purposes of this chapter, a State one-call 
notification program shall, at a minimum, provide for--
            ``(1) administrative or civil penalties commensurate with 
        the seriousness of a violation by an excavator or facility 
        owner of a State one-call notification program;
            ``(2) increased penalties for parties that repeatedly 
        damage underground facilities because they fail to use one-call 
        notification systems or for parties that repeatedly fail to 
        provide timely and accurate marking after the required call has 
        been made to a one-call notification system;
            ``(3) reduced or waived penalties for a violation of a 
        requirement of a State one-call notification program that 
        results in, or could result in, damage that is promptly 
        reported by the violator;
            ``(4) equitable relief; and
            ``(5) citation of violations.
``Sec. 6104. Compliance with minimum standards
    ``(a) Requirement.--In order to qualify for a grant under section 
6106, each State shall, within 2 years after the date of the enactment 
of the Intermodal Transportation Safety Act of 1997, submit to the 
Secretary a grant application under subsection (b).
    ``(b) Application.--
            ``(1) Upon application by a State, the Secretary shall 
        review that State's one-call notification program, including 
        the provisions for implementation of the program and the record 
        of compliance and enforcement under the program.
            ``(2) Based on the review under paragraph (1), the 
        Secretary shall determine whether the State's one-call 
        notification program meets the minimum standards for such a 
        program set forth in section 6103 in order to qualify for a 
        grant under section 6106.
            ``(3) In order to expedite compliance under this section, 
        the Secretary may consult with the State as to whether an 
        existing State one-call notification program, a specific 
        modification thereof, or a proposed State program would result 
        in a positive determination under paragraph (2).
            ``(4) The Secretary shall prescribe the form of, and manner 
        of filing, an application under this section that shall provide 
        sufficient information about a State's one-call notification 
        program for the Secretary to evaluate its overall 
        effectiveness. Such information may include the nature and 
        reasons for exceptions from required participation, the types 
        of enforcement available, and such other information as the 
        Secretary deems necessary.
            ``(5) The application of a State under paragraph (1) and 
        the record of actions of the Secretary under this section shall 
        be available to the public.
    ``(c) Alternative Program--A State may maintain an alternative one-
call notification program if that program provides protection for 
public safety, the environment, or excavators that is equivalent to, or 
greater than, protection under a program that meets the minimum 
standards set forth in section 6103.
    ``(d) Report--Within 3 years after the date of the enactment of the 
Intermodal Transportation Safety Act of 1997, the Secretary shall begin 
to include the following information in reports submitted under section 
60124 of this title--
            ``(1) a description of the extent to which each State has 
        adopted and implemented the minimum Federal standards under 
        section 6103 or maintains an alternative program under 
        subsection (c);
            ``(2) an analysis by the Secretary of the overall 
        effectiveness of the State's one-call notification program and 
        the one-call notification systems operating under such program 
in achieving the purposes of this chapter;
            ``(3) the impact of the State's decisions on the extent of 
        required participation in one-call notification systems on 
        prevention of damage to underground facilities; and
            ``(4) areas where improvements are needed in one-call 
        notification systems in operation in the State.
The report shall also include any recommendations the Secretary 
determines appropriate. If the Secretary determines that the purposes 
of this chapter have been substantially achieved, no further report 
under this section shall be required.
``Sec. 6105. Review of one-call system best practices
    ``(a) Study of Existing One-Call Systems.--Except as provided in 
subsection (d), the Secretary, in consultation with other appropriate 
Federal agencies, State agencies, one-call notification system 
operators, underground facility operators, excavators, and other 
interested parties, shall undertake a study of damage prevention 
practices associated with existing one-call notification systems.
    ``(b) Purpose of Study of Damage Prevention Practices.--The purpose 
of the study is to assemble information in order to determine which 
existing one-call notification systems practices appear to be the most 
effective in preventing damage to underground facilities and in 
protecting the public, the environment, excavators, and public service 
disruption. As part of the study, the Secretary shall at a minimum 
consider--
            ``(1) the methods used by one-call notification systems and 
        others to encourage participation by excavators and owners of 
        underground facilities;
            ``(2) the methods by which one-call notification systems 
        promote awareness of their programs, including use of public 
        service announcements and educational materials and programs;
            ``(3) the methods by which one-call notification systems 
        receive and distribute information from excavators and 
        underground facility owners;
            ``(4) the use of any performance and service standards to 
        verify the effectiveness of a one-call notification system;
            ``(5) the effectiveness and accuracy of mapping used by 
        one-call notification systems;
            ``(6) the relationship between one-call notification 
        systems and preventing intentional damage to underground 
        facilities;
            ``(7) how one-call notification systems address the need 
        for rapid response to situations where the need to excavate is 
        urgent;
            ``(8) the extent to which accidents occur due to errors in 
        marking of underground facilities, untimely marking or errors 
        in the excavation process after a one-call notification system 
        has been notified of an excavation;
            ``(9) the extent to which personnel engaged in marking 
        underground facilities may be endangered;
            ``(10) the characteristics of damage prevention programs 
        the Secretary believes could be relevant to the effectiveness 
        of State one-call notification programs; and
            ``(11) the effectiveness of penalties and enforcement 
        activities under State one-call notification programs in 
        obtaining compliance with program requirements.
    ``(c) Report--Within 1 year after the date of the enactment of the 
Intermodal Transportation Safety Act of 1997, the Secretary shall 
publish a report identifying those practices of one-call notification 
systems that are the most and least successful in--
            ``(1) preventing damage to underground facilities; and
            ``(2) providing effective and efficient service to 
        excavators and underground facility operators.
The Secretary shall encourage States and operators of one-call 
notification programs to adopt and implement the most successful 
practices identified in the report.
    ``(d)  Secretarial Discretion--Prior to undertaking the study 
described in subsection (a), the Secretary shall determine whether 
timely information described in subsection (b) is readily available. If 
the Secretary determines that such information is readily available, 
the Secretary is not required to carry out the study.
``Sec. 6106. Grants to States
    ``(a) In General.--The Secretary may make a grant of financial 
assistance to a State that qualifies under section 6104(b) to assist in 
improving--
            ``(1) the overall quality and effectiveness of one-call 
        notification systems in the State;
            ``(2) communications systems linking one-call notification 
        systems;
            ``(3) location capabilities, including training personnel 
        and developing and using location technology;
            ``(4) record retention and recording capabilities for one-
        call notification systems;
            ``(5) public information and education;
            ``(6) participation in one-call notification systems; or
            ``(7) compliance and enforcement under the State one-call 
        notification program.
    ``(b) State Action Taken Into Account.--In making grants under this 
section the Secretary shall take into consideration the commitment of 
each State to improving its State one-call notification program, 
including legislative and regulatory actions taken by the State after 
the date of enactment of the Intermodal Transportation Safety Act of 
1997.
    ``(c) Funding for One-Call Notification Systems.--A State may 
provide funds received under this section directly to any one-call 
notification system in such State that substantially adopts the best 
practices identified under section 6105.
``Sec. 6107. Authorization of appropriations
    ``(a) For Grants to States.--There are authorized to be 
appropriated to the Secretary in fiscal year 1999 no more than 
$1,000,000 and in fiscal year 2000 no more than $5,000,000, to be 
available until expended, to provide grants to States under section 
6106.
    ``(b) For Administration.--There are authorized to be appropriated 
to the Secretary such sums as may be necessary during fiscal years 
1998, 1999, and 2000 to carry out sections 6103, 6104, and 6105.
    ``(c) General Revenue Funding.--Any sums appropriated under this 
section shall be derived from general revenues and may not be derived 
from amounts collected under section 60301 of this title.''.
    (b) Conforming Amendments.--
            (1) The analysis of chapters for subtitle III is amended by 
        adding at the end thereof the following:

            ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM.''.

            (2) Chapter 601 of title 49, United States Code, is amended
                    (A) by striking ``sections 60114 and'' in section 
                60105(a) of that chapter and inserting ``section'';
                    (B) by striking section 60114 and the item relating 
                to that section in the table of sections for that 
                chapter;
                    (C) by striking ``60114(c), 60118(a),'' in section 
                60122(a)(1) of that chapter and inserting 
                ``60118(a),'';
                    (D) by striking ``60114(c) or'' in section 60123(a) 
                of that chapter;
                    (E) by striking ``sections 60107 and 60114(b)'' in 
                subsections (a) and (b) of section 60125 and inserting 
                ``section 60107'' in each such subsection; and
                    (F) by striking subsection (d) of section 60125, 
                and redesignating subsections (e) and (f) of that 
                section as subsections (d) and (e).

                     TITLE V--MOTOR CARRIER SAFETY

SEC. 501. 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. 502. 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 2000;''
            (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 ``activities--'' in subparagraph (P), as 
        redesignated, and inserting ``activities in support of national 
        priorities and performance goals including--'';
            (6) by striking ``to remove'' in clause (i) of subparagraph 
        (P), as redesignated, and inserting ``activities aimed at 
        removing''; and
            (7) by striking ``to provide'' in clause (ii) of 
        subparagraph (P), as redesignated, and inserting ``activities 
        aimed at providing''.

SEC. 503. 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. 504. AUTHORIZATION OF APPROPRIATIONS.

    (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--
            ``(1) $80,000,000 for the fiscal year ending September 30, 
        1998;
            ``(2) $82,000,000 for the fiscal year ending September 30, 
        1999;
            ``(3) $84,000,000 for the fiscal year ending September 30, 
        2000;
            ``(4) $86,000,000 for the fiscal year ending September 30, 
        2001;
            ``(5) $88,000,000 for the fiscal year ending September 30, 
        2002; and
            ``(6) $90,000,000 for the fiscal year ending September 30, 
        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--
                    ``(A) no less than 5 percent of such amounts for 
                activities and projects of national priority for the 
                improvement of commercial motor vehicle safety; and
                    ``(B) no less than 5 percent of such amounts to 
                reimburse States for border commercial motor vehicle 
                safety programs and enforcement activities and 
                projects. These amounts shall be allocated by the 
                Secretary to State agencies and local governments that 
                use trained and qualified officers and employees in 
                coordination with State motor vehicle safety 
                agencies.''.
    (d) Other Amendments.--
            (1) Section 31104 is amended by striking subsection (g) and 
        redesignating subsection (h) as subsection (g).
            (2) Section 31104 is amended by striking subsection (i) and 
        redesignating subsection (j) as subsection (h).

SEC. 505. 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 systems 
        management--
                    ``(A) The Secretary shall include, as part of the 
                motor carrier safety information network system of the 
                Department of Transportation, an information system, to 
                be called the Performance and Registration Information 
                Systems 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 shall 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, up to 50 percent 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. Of the amounts 
                made available to carry out subsection (a)(2) of this 
                section, the Secretary is encouraged to direct no less 
                than 80 percent to States that have not previously 
                received financial assistance to develop or implement 
                the Performance and Registration Information Systems 
                Management system.
    ``(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. 506. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

    The Secretary of Transportation shall carry out a pilot program in 
cooperation with one or more States to improve upon the timely exchange 
of pertinent driver performance and safety records data. The program 
shall--
            (1) determine to what extent driver performance records 
        data, including relevant fines, penalties, and failures to 
        appear for a hearing or trial, should be included as part of 
        any information systems under the Department of 
        Transportation's oversight;
            (2) assess the feasibility, costs, safety impact, and 
        benefits of record exchanges; and
            (3) assess methods for the efficient exchange of driver 
        safety data available from existing State information systems 
        and sources.

SEC. 507. MOTOR CARRIER AND DRIVER SAFETY RESEARCH.

    Of the funds made available to carry out programs established by 
the amendments made by title II of the Intermodal Surface 
Transportation Efficiency Act of 1997, no less than $10,000,000 shall 
be made available for each of fiscal years 1998, 1999, 2000, 2001, 
2002, and 2003 for activities designed to advance commercial motor 
vehicle and driver safety. Any obligation, contract, cooperative 
agreement, or support granted under this section in excess of $100,000 
shall be awarded on a competitive basis. The Secretary shall submit 
annually a report to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Transportation and 
Infrastructure on the research activities carried out under this 
section, including the amount, purpose, recipient and nature of each 
contract, cooperative agreement or award.''.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    Section 31107 is amended to read as follows:
``Sec. 31107. Authorization of appropriations for information systems 
              and strategic safety initiatives
    ``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 $10,000,000 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.''.

SEC. 509. 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.''.

SEC. 510. AUTOMOBILE TRANSPORTER DEFINED.

    Section 31111(a) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `automobile transporter' means any vehicle 
        combination designed and used specifically for the transport of 
        assembled highway vehicles, including truck camper units.''.

SEC. 511. REPEAL OF REVIEW PANEL; REVIEW PROCEDURE.

    (a) Repeal.--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.''.
    (d) 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.''.
    (e) 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.''.
    (f) 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''; and
                    (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.''.
    (g) 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 subparagraph (B) and inserting the 
                following:
                    ``(B) is designed or used to transport passengers 
                for compensation, but does not include a vehicle 
                providing taxicab service and having a capacity of not 
                more than 6 passengers and not operated on a regular 
                route or between specified places;'';
                    (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.''.
    (h) Employee Protections.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Transportation, in conjunction 
with the Secretary of Labor, shall report to the United States Senate 
Committee on Commerce, Science, and Transportation and the United 
States House of Representatives Committee on Transportation and 
Infrastructure on the effectiveness of existing statutory employee 
protections provided for under section 31105 of title 49, United States 
Code. The report shall include recommendations to address any statutory 
changes as may be necessary to strengthen the enforcement of such 
employee protection provisions.
    (i) Inspections and Reports.--
            (1) General powers of the secretary.--Section 31133(a)(1) 
        is amended by inserting ``and make contracts for'' after 
        ``conduct''.
            (2) Reports and records.--Section 504(c) is amended by 
        inserting ``(and, in the case of a motor carrier, a 
        contractor)'' before the second comma.

SEC. 512. 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
            (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 ``31310b(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 
                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. Notwithstanding 
any provision of law, written authorization shall not be required to 
obtain information on the motor vehicle driving record of an individual 
under consideration for employment with a motor carrier.''.
            (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. 515. 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.''.

SEC. 514. 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. 515. STUDY OF ADEQUACY OF PARKING FACILITIES.

    The Secretary shall conduct studies 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. Each study shall include an 
inventory of current facilities serving corridors of the National 
Highway System, analyze where specific shortages exist or are projected 
to exist, and propose a specific plan to reduce the shortages. The 
studies may be carried out in cooperation with research entities 
representing the motor carrier and travel plaza industry.

SEC. 516. 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.''.

SEC. 517. APPLICATION OF REGULATIONS.

    (a) Application of Regulations to Certain Commercial Motor 
Vehicles.--Section 31135 as redesignated, is amended by adding at the 
end thereof the following:
    ``(g) Application to Certain Vehicles.--Effective 6 months after 
the date of enactment of the Intermodal Transportation Safety Act of 
1997, regulations prescribed under this section shall apply to 
operators of commercial motor vehicles described in section 31132(1)(B) 
to the extent that those regulations did not apply to those operators 
before the day that is 6 months after such date of enactment.''.
    (b) Definition.--Section 31301(4)(B) is amended to read as follows:
                    ``(B) is designed or used to transport--
                            ``(i) passengers for compensation, but does 
                        not include a vehicle providing taxicab service 
                        and having a capacity of not more than 6 
                        passengers and not operated on a regular route 
                        or between specified places; or
                            ``(ii) more than 15 passengers, including 
                        the driver, and not used to transport 
                        passengers for compensation; or''.
    (c) Application of Regulations to Certain Operators.--
            (1) Chapter 313 is amended by adding at the end thereof the 
        following:
``Sec. 31318. Application of regulations to certain operators
    ``Effective 1 year after the date of enactment of the Intermodal 
Transportation Safety Act of 1997, regulations prescribed under this 
chapter shall apply to operators of commercial motor vehicles described 
in section 31301(4)(B) to the extent that those regulations did not 
apply to those operators before the day that is 1 year after such date 
of enactment.''.

SEC. 518. AUTHORITY OVER CHARTER BUS TRANSPORTATION.

    Section 14501(a) is amended--
            (1) by striking ``route or relating'' and inserting 
        ``route;''; and
            (2) by striking ``required.'' and inserting ``required; or 
        to the authority to provide intrastate or interstate charter 
        bus transportation.''.

SEC. 519. FEDERAL MOTOR CARRIER SAFETY INVESTIGATIONS.

    The Department of Transportation shall maintain the level of 
Federal motor carrier safety investigators as in effect on September 
30, 1997, or provide for alternative resources and mechanisms to ensure 
an equivalent level of commercial motor vehicle safety inspections. 
Such funds as are necessary to carry out this section shall be made 
available within the limitation on general operating expenses of the 
Department of Transportation.

SEC. 520. FOREIGN MOTOR CARRIER SAFETY FITNESS.

    (a) In General.--No later than 90 days after enactment of this Act, 
the Secretary of Transportation shall make a determination regarding 
the willingness and ability of any foreign motor carrier that applied 
to operate in the United States prior to January 1, 1996, to meet the 
safety fitness and other regulatory requirements under this title. The 
Secretary shall notify each carrier of the determination.
    (b) Report.--One year after the date of enactment this Act, the 
Secretary of Transportation shall submit a report to the Senate 
Commerce, Science, and Transportation Committee and the House 
Transportation and Infrastructure Committee on the application of 
section 13902(c)(9) of title 49, United States Code. The report shall 
include--
            (1) information on which carriers have applied to the 
        Department of Transportation under that section;
            (2) a description of the process utilized to respond to 
        such applications and to certify the safety fitness of those 
        carriers; and
            (3) a description of performance-based measurements that 
        have been used, or are proposed, to ensure the prompt and 
        accurate registration of such foreign motor carriers.

SEC. 521. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of Transportation may establish a 
Commercial Motor Vehicle Safety Advisory Committee to provide advice 
and recommendations on a range of regulatory issues. The members of the 
advisory committee shall be appointed by the Secretary from among 
individuals affected by rulemakings under consideration by the 
Department of Transportation.
    (b) Function.--The Advisory Committee established under subsection 
(a) shall provide advice to the Secretary on commercial motor vehicle 
safety regulations and assist the Secretary in timely completion of 
ongoing rulemakings by utilizing negotiated rulemaking procedures.

SEC. 522. WAIVERS AND PILOT PROGRAMS.

    Section 31315 is amended--
            (1) by inserting ``(a) In General.--'' before ``After 
        notice''; and
            (2) by adding at the end thereof the following:
    ``(b) Pilot Programs.--
            ``(1) In general.--In carrying out this section, the 
        Secretary is authorized to carry out pilot programs to examine 
        innovative approaches or alternatives to regulations issued 
        under this title.
            ``(2) Requirement for approval.--In carrying out a pilot 
        project under this subsection, the Secretary shall require, as 
        a condition of approval of the project, that the safety 
        measures in the project are designed to achieve a level of 
        safety that is equivalent to, or greater than, the level of 
        safety that would otherwise be achieved through compliance with 
        the standards prescribed under this title.
            ``(3) Exemptions.--A pilot project under this subsection--
                    ``(A) may exempt a motor carrier under the project 
                from any requirement (or portion thereof) imposed under 
                this subtitle; and
                    ``(B) shall preempt any State or local regulation 
                that conflicts with the pilot project during the time 
                the pilot project is in effect.
            ``(4) Revocation of exemption.--The Secretary shall revoke 
        an exemption granted under paragraph (3) if--
                    ``(A) the motor carrier to which it applies fails 
                to comply with the terms and conditions of the 
                exemption; or
                    ``(B) the Secretary determines that the exemption 
                has resulted in a lower level of safety than was 
                maintained before the exemption was granted.

     TITLE VI--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM; SAFETY

SEC. 601. 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. 602. 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 paragraphs (1) or (2), or in the 
        course of an attack on a passenger train or a passenger 
        terminal facility of a railroad carrier involving the use of a 
        firearm or other dangerous weapon, shall be punished as 
        provided in sections 1111, 1112, and 1113 of this title.
            ``(4) Paragraph (1) shall not apply to:
                    ``(A) the possession of a firearm or other 
                dangerous weapon by an officer, agent, or employee of 
                the United States, a State, or a political subdivision 
                thereof, while engaged in the lawful performance of 
                official duties, who is authorized by law to engage in 
                the transportation of people accused or convicted of 
                crimes, or supervise the prevention, detection, 
                investigation, or prosecution of any violation of law;
                    ``(B) the possession of a firearm or other 
                dangerous weapon by an officer, agent, or employee of 
                the United States, a State, or a political subdivision 
                thereof, while off duty, if such possession is 
                authorized by law;
                    ``(C) the possession of a firearm or other 
                dangerous weapon by a Federal official or a member of 
                the Armed Forces if such possession is authorized by 
                law; or
                    ``(D) an individual transporting a firearm on board 
                a railroad passenger train (except a loaded firearm) in 
                baggage not accessible to any passenger on board the 
                train, if the railroad carrier was informed of the 
                presence of the weapon prior to the firearm being 
                placed on board the train.
    ``(c) Prohibition Against Propelling Objects.--Whoever willfully or 
recklessly throws, shoots, or propels a rock, stone, brick, or piece of 
iron, steel, or other metal or any deadly or dangerous object or 
destructive substance at any locomotive or car of a train, knowing or 
having reason to know such activity would likely cause personal injury, 
shall be fined under this title or imprisoned for not more than 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. 603. 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. 604. 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.

SEC. 605. 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. 606. 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. 607. 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''.
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