[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1978 Reported in Senate (RS)]






                                                       Calendar No. 421
108th CONGRESS
  1st Session
                                S. 1978

                          [Report No. 108-215]

 To authorize funds for highway safety programs, motor carrier safety 
 programs, hazardous materials transportation safety programs, boating 
                safety programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 25, 2003

       Mr. McCain, from the Committee on Commerce, Science, and 
 Transportation, reported the following original bill; which was read 
                    twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To authorize funds for highway safety programs, motor carrier safety 
 programs, hazardous materials transportation safety programs, boating 
                safety programs, 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 ``Surface Transportation Safety 
Reauthorization Act of 2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                        TITLE I--HIGHWAY SAFETY

                Subtitle A--Highway Safety Grant Program

Sec. 101. Short title; amendment of title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. Highway safety programs.
Sec. 104. Highway safety research and outreach programs.
Sec. 105. National Highway Safety Advisory Committee technical 
                            correction.
Sec. 106. Occupant protection grants.
Sec. 107. School bus driver training.
Sec. 108. Emergency medical services.
Sec. 109. Repeal of authority for alcohol traffic safety programs.
Sec. 110. Impaired driving program.
Sec. 111. State traffic safety information system improvements.
Sec. 112. NHTSA accountability.
Sec. 113. Effective dates.
          Subtitle B--Specific Vehicle Safety-related Rulings

Sec. 151. Amendment of title 49, United States Code.
Sec. 152. Load capacity labeling for light trucks.
Sec. 153. Vehicle crash ejection prevention.
Sec. 154. Vehicle backover avoidance technology study.
Sec. 155. Vehicle backover data collection.
Sec. 156. Aggressivity and incompatibility reduction standard.
Sec. 157. Improved crashworthiness.
Sec. 158. 15-passenger vans.
Sec. 159. Tires.
Sec. 160. Safety belt use reminders.
Sec. 161. Missed deadlines reports.
Sec. 162. Grants for improving child passenger safety programs.
Sec. 163. Bus crash testing.
Sec. 164. Authorization of appropriations.
    TITLE II--MOTOR CARRIER SAFETY AND UNIFIED CARRIER REGISTRATION

Sec. 201. Short title; amendment of title 49, United States Code
Sec. 202. Required completion of overdue reports, studies, and 
                            rulemakings.
Sec. 203. Contract authority.
                    Subtitle A--Motor Carrier Safety

Sec. 221. Minimum guarantee.
Sec. 222. Authorization of appropriations.
Sec. 223. Motor carrier safety grants.
Sec. 224. CDL working group.
Sec. 225. CDL learner's permit program.
Sec. 226. Hobbs Act.
Sec. 227. Penalty for denial of access to records.
Sec. 228. Medical program.
Sec. 229. Operation of commercial motor vehicles by individuals who use 
                            insulin to treat diabetes mellitus.
Sec. 230. Financial responsibility for private motor carriers.
Sec. 231. Increased penalties for out-of-service violations and false 
                            records.
Sec. 232. Elimination of commodity and service exemptions.
Sec. 233. Intrastate operations of interstate motor carriers.
Sec. 234. Authority to stop commercial motor vehicles.
Sec. 235. Revocation of operating authority.
Sec. 236. Pattern of safety violations by motor carrier management.
Sec. 237. Motor carrier research and technology program.
Sec. 238. Review of commercial zone exemption provision.
Sec. 239. International cooperation.
Sec. 240. Performance and registration information system management.
Sec. 241. Commercial vehicle information systems and networks 
                            deployment. 
Sec. 242. Outreach and education.
Sec. 243. Operation of restricted property-carrying units on national 
                            highway system.
Sec. 244. Operation of longer combination vehicles on national highway 
                            system.
Sec. 245. Application of safety standards to certain foreign motor 
                            carriers.
Sec. 246. Background checks for Mexican and Canadian drivers hauling 
                            hazardous materials.
Sec. 247. Exemption of drivers of utility service vehicles.
Sec. 248. Operation of commercial motor vehicles transporting 
                            agricultural commodities and farm supplies.
                Subtitle B--Unified Carrier Registration

Sec. 261. Short title.
Sec. 262. Relationship to other laws.
Sec. 263. Inclusion of motor private and exempt carriers.
Sec. 264. Unified carrier registration system.
Sec. 265. Registration of motor carriers by states.
Sec. 266. Identification of vehicles.
Sec. 267. Use of UCR agreement revenues as matching funds.
Sec. 268. Clerical amendments.
                   TITLE III--HOUSEHOLD GOODS MOVERS

Sec. 301. Short title; amendment of title 49, United States Code.
Sec. 302. Findings; sense of Congress.
Sec. 303. Definitions.
Sec. 304. Payment of rates.
Sec. 305. Household goods carrier operations.
Sec. 306. Liability of carriers under receipts and bills of lading.
Sec. 307. Dispute settlement for shipments of household goods.
Sec. 308. Enforcement of regulations related to transportation of 
                            household goods.
Sec. 309. Working group for development of practices and procedures to 
                            enhance Federal-State relations.
Sec. 310. Consumer handbook on DOT website.
Sec. 311. Information about household goods transportation on carriers' 
                            websites.
Sec. 312. Consumer complaints.
Sec. 313. Review of liability of carriers.
Sec. 314. Civil penalties relating to household goods brokers.
Sec. 315. Civil and criminal penalty for failing to give up possession 
                            of household goods.
Sec. 316. Progress report.
    TITLE IV--HAZARDOUS MATERIALS TRANSPORTATION SAFETY AND SECURITY

Sec. 401. Short title.
Sec. 402. Amendment of title 49, United States Code.
    Subtitle A--General Authorities on Transportation of Hazardous 
                               Materials

Sec. 421. Purpose.
Sec. 422. Definitions.
Sec. 423. General regulatory authority.
Sec. 424. Limitation on issuance of hazmat licenses.
Sec. 425. Representation and tampering.
Sec. 426. Transporting certain highly radioactive material.
Sec. 427. Hazmat employee training requirements and grants.
Sec. 428. Registration.
Sec. 429. Shipping papers and disclosure.
Sec. 430. Rail tank cars.
Sec. 431. Highway routing of hazardous material.
Sec. 432. Unsatisfactory safety ratings.
Sec. 433. Air transportation of ionizing radiation material.
Sec. 434. Rraining curriculum for the public sector.
Sec. 435. Planning and training grants; emergency preparedness fund.
Sec. 436. Special permits and exclusions.
Sec. 437. Uniform forms and procedures.
Sec. 438. International uniformity of standards and requirements.
Sec. 439. Hazardous materials transportation safety and security.
Sec. 440. Enforcement.
Sec. 441. Civil penalties.
Sec. 442. Criminal penalties.
Sec. 443. Preemption.
Sec. 444. Relationship to other laws.
Sec. 445. Judicial review.
Sec. 446. Authorization of appropriations.
Sec. 447. Additional civil and criminal penalties.
                       Subtitle B--Other Matters

Sec. 461. Administrative authority for research and special programs 
                            administration.
Sec. 462. Mailability of hazardous materials.
Sec. 463. Criminal matters.
Sec. 464. Cargo inspection program.
Sec. 465. Information on hazmat registrations.
Sec. 466. Report on applying hazardous materials regulations to persons 
                            who reject hazardous materials.
                Subtitle C--Sanitary Food Transportation

Sec. 481. Short title.
Sec. 482. Responsibilities of the Secretary of Health and Human 
                            Services.
Sec. 483. Department of Transportation requirements.
Sec. 484. Effective date.
             TITLE V--RECREATIONAL BOATING SAFETY PROGRAMS

Sec. 501. Short title.
    Subtitle A--Federal Aid in Sport Fish Restoration Act amendments

Sec. 521. Amendment of Federal Aid in Fish Restoration Act.
Sec. 522. Authorization of appropriations.
Sec. 523. Division of annual appropriations.
Sec. 524. Maintenance of projects.
Sec. 525. Boating infrastructure.
Sec. 526. Requirements and restrictions concerning use of amounts for 
                            expenses for administration.
Sec. 527. Payments of funds to and cooperation with Puerto Rico, the 
                            District of Columbia, Guam, American Samoa, 
                            the Commonwealth of the Northern Mariana 
                            Islands, and the Virgin Islands.
Sec. 528. Multistate conservation grant program.
                Subtitle B--Clean Vessel Act Amendments

Sec. 541. Grant program.
       Subtitle C--Recreational Boating Safety Program Amendments

Sec. 561. State matching funds requirement.
Sec. 562. Availability of allocations.
Sec. 563. Authorization of appropriations for State recreational 
                            boating safety programs.
Sec. 564. Maintenance of effort for State recreational boating safety 
                            programs.
                       Subtitle D--Miscellaneous

Sec. 581. Technical correction to Homeland Security Act.
                     TITLE VI--RAIL TRANSPORTATION

                           Subtitle A--AMTRAK

Sec. 601. Authorization of appropriations.
Sec. 602. Establishment of corporation.
                Subtitle B--Railroad Track Modernization

Sec. 631. Short title.
Sec. 632. Capital grants for railroad track.
Sec. 633. Regulations.
Sec. 634. Study of grant-funded projects.
Sec. 635. Authorization of appropriations.
        Subtitle C--Other Rail Transportation-related Provisions

Sec. 661. Capital grants for rail line relocation projects.
Sec. 662. Federal bonds for transportation infrastructure.

                        TITLE I--HIGHWAY SAFETY

                Subtitle A--Highway Safety Grant Program

SEC 101. SHORT TITLE; AMENDMENT OF TITLE 23, UNITED STATES CODE.

    (a) Short Title.--This subtitle may be cited as the ``Highway 
Safety Grant Program Reauthorization Act of 2003''.
    (b) Amendment of Title 23, United States Code.--Except as otherwise 
expressly provided, whenever in this subtitle 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 23, United States Code.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amounts for Fiscal Years 2004 Through 2009.--There are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account) to the Secretary of Transportation for the 
National Highway Traffic Safety Administration the following:
            (1) To carry out the Highway Safety Programs under section 
        402 of title 23, United States Code, $170,000,000 in fiscal 
        year 2004, $174,000,000 in fiscal year 2005, $179,000,000 in 
        fiscal year 2006, $185,000,000 in fiscal year 2007, 
        $204,000,000 in fiscal year 2008, and $207,000,000 in fiscal 
        year 2009.
            (2) To carry out the Research and Outreach Programs under 
        section 403 of title 23, United States Code, $110,000,000 in 
        fiscal year 2004, $112,000,000 in fiscal year 2005, 
        $114,000,000 in fiscal year 2006, $116,000,000 in fiscal year 
        2007, $118,000,000 in fiscal year 2008, and $120,000,000 in 
        fiscal year 2009.
            (3) To carry out the Occupant Protection Programs under 
        section 405 of title 23, United States Code, $120,000,000 in 
        fiscal year 2004, $122,000,000 in fiscal year 2005, 
        $124,000,000 in fiscal year 2006, $126,000,000 in fiscal year 
        2007, $128,000,000 in fiscal year 2008, and $130,000,000 in 
        fiscal year 2009.
            (4) To carry out the Emergency Medical Services Program 
        under section 407A of title 23, United States Code, $5,000,000 
        in each of fiscal years 2004 through 2009.
            (5) To carry out the Impaired Driving Programs under 
        section 410 of title 23, United States Code, $85,000,000 in 
        fiscal year 2004, $89,000,000 in fiscal year 2005, $93,000,000 
        in fiscal year 2006, $110,000,000 in fiscal year 2007, 
        $126,000,000 in fiscal year 2008, and $130,000,000 in fiscal 
        year 2009.
            (6) To carry out the State Traffic Safety Information 
        System Improvements under section 412 of title 23, United 
        States Code, $45,000,000 in each of fiscal years 2004 through 
        2009.
            (7) To carry out chapter 303 of title 49, United States 
        Code, $4,000,000 for each of fiscal years 2004 through 2009.
    (b) Prohibition on Other Uses.--Except as otherwise provided in 
this title, the amounts allocated from the Highway Trust Fund for 
programs provided for in chapter 4 of title 23, United States Code, 
shall only be used for such programs and may not be used by States or 
local governments for construction purposes.
    (c) Effect of Revenue Deficiency.--If revenue to the Highway Trust 
Fund for a given fiscal year is lower than the amounts authorized by 
this subtitle, any subsequent reductions in the overall funding for 
highway and transit programs shall not affect the highway safety 
programs provided for in chapter 4 of title 23, United States Code.
    (d) Proportional Increases.--For each fiscal year from 2004 through 
2009, if revenue to the Highway Trust Fund increases above the amounts 
for each such fiscal year set forth in the fiscal year 2004 joint 
budget resolution, then the amounts made available in such year for the 
programs in sections 402, 405, and 410 shall increase by the same 
percentage.

SEC. 103. HIGHWAY SAFETY PROGRAMS.

    (a) Programs To Be Included.--
            (1) Motor vehicle airbags public awareness.--Section 
        402(a)(2) is amended by striking `` vehicles and to increase 
        public awareness of the benefit of motor vehicles equipped with 
        airbags'' and inserting ``vehicles,''.
            (2) Aggressive driving.--Section 402(a) is further 
        amended--
                    (A) by redesignating clause (6) as clause (7);
                    (B) by inserting after ``involving school buses,'' 
                at the end of clause (5) ``(6) to reduce aggressive 
                driving and to educate drivers about defensive 
                driving,''; and
                    (C) by inserting ``aggressive driving,'' after 
                ``school bus accidents,''.
    (b) Apportionment.--
            (1) Tribal government programs.--Section 402(c) is amended 
        by striking ``three-fourths of 1 percent'' and inserting ``2 
        percent''.
    (c) Extra Funding for Occupant Protection and Impaired Driving 
Programs.--Section 402 is amended by inserting after subsection (g) the 
following:
    ``(h) Grants.--Funds available to States under this section may be 
used for making grants of financial assistance for programs and 
initiatives authorized by sections 405 and 410 of this title.''.
    (d) Police Chase Training.--Section 402 is amended by adding at the 
end the following:
    ``(l) Limitation Relating to Police Chase Training.--No State may 
receive any funds available for fiscal years after fiscal year 2004 for 
programs under this chapter until the State submits to the Secretary a 
written statement that the State has actively encouraged all relevant 
law enforcement agencies in that State to follow the guidelines 
established for police chases issued by the International Association 
of Chiefs of Police that are in effect on the date on enactment of the 
Highway Safety Grant Program Reauthorization Act of 2003.
    ``(m) Consolidation of Grant Applications.--The Secretary shall 
establish an approval process by which a State may apply for all grants 
included under this chapter through a single application with a single 
annual deadline. The Bureau of Indian Affairs shall establish a 
similarly simplified process for applications from Indian tribes.''.

SEC. 104. HIGHWAY SAFETY RESEARCH AND OUTREACH PROGRAMS.

    (a) Revised Authority and Requirements.--Section 403 is amended to 
read as follows:
``Sec. 403. Highway safety research and development
    ``(a) Authority of the Secretary.--The Secretary is authorized to 
use funds appropriated to carry out this section to--
            ``(1) conduct research on all phases of highway safety and 
        traffic conditions, including accident causation, highway or 
        driver characteristics, communications, and emergency care;
            ``(2) conduct ongoing research into driver behavior and its 
        effect on traffic safety;
            ``(3) conduct research on, and launch initiatives to 
        counter, fatigued driving by drivers of passenger motor 
        vehicles and distracted driving in such vehicles, including the 
        effect that the use of electronic devices and other factors 
        deemed relevant by the Secretary have on driving;
            ``(4) conduct training or education programs in cooperation 
        with other Federal departments and agencies, States, private 
        sector persons, highway safety personnel, and law enforcement 
        personnel;
            ``(5) conduct research on, and evaluate the effectiveness 
        of, traffic safety countermeasures, including seat belts and 
        impaired driving initiatives; and
            ``(6) conduct demonstration projects.
    ``(b) Specific Research Programs.--
            ``(1) Required programs.--The Secretary shall conduct 
        research on the following:
                    ``(A) Effects of use of controlled substances.--A 
                study on the effects of the use of controlled 
                substances on driver behavior to determine--
                            ``(i) methodologies for measuring driver 
                        impairment resulting from use of the most 
                        common controlled substances (including the use 
                        of such substances in combination with 
                        alcohol); and
                            ``(ii) effective and efficient methods for 
                        training law enforcement personnel to detect or 
                        measure the level of impairment of a driver who 
                        is under the influence of a controlled 
                        substance by the use of technology or 
                        otherwise.
                    ``(B) On-scene motor vehicle collision causation.--
                A nationally representative study to collect on-scene 
                motor vehicle collision data, and to determine crash 
                causation, for which the Secretary shall enter into a 
                contract with the National Academy of Sciences to 
                conduct a review of the research, design, methodology, 
                and implementation of the study.
                    ``(C) Toll facilities workplace safety.--A study on 
                the safety of highway toll collection facilities, 
                including toll booths, to determine the safety of 
                highway toll collection facilities for the toll 
                collectors who work in and around such facilities, 
                including consideration of--
                            ``(i) any problems resulting from design or 
                        construction of facilities that contribute to 
                        the occurrence of vehicle collisions with the 
                        facilities;
                            ``(ii) the safety of crosswalks used by 
                        toll collectors in transit to and from toll 
                        booths;
                            ``(iii) the extent of the enforcement of 
                        speed limits at and in the vicinity of toll 
                        facilities;
                            ``(iv) the use of warning devices, such as 
                        vibration and rumble strips, to alert drivers 
                        approaching toll facilities;
                            ``(v) the use of cameras to record traffic 
                        violations in the vicinity of toll facilities;
                            ``(vi) the use of traffic control arms in 
                        the vicinity of toll facilities;
                            ``(vii) law enforcement practices and 
                        jurisdictional issues that affect safety at and 
                        in the vicinity of toll facilities; and
                            ``(viii) data (which shall be collected in 
                        conducting the research) regarding the 
                        incidence of accidents and injuries at and 
                        around toll booth facilities.
            ``(2) Time for completion of studies.--The studies 
        conducted in subparagraphs (A), (B), and (C) of paragraph (1) 
        may be conducted in concert with other Federal departments and 
        agencies with relevant expertise. The Secretary shall submit an 
        annual report to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure on the progress of each study 
        conducted under this subsection.
            ``(3) Ongoing studies.--The studies under subparagraphs (A) 
        and (B) of paragraph (1) shall be conducted on an ongoing 
        basis.
            ``(4) Reports.--
                    ``(A) One-time study.--Not later than 2 years after 
                the date of enactment of the Highway Safety Grant 
                Program Reauthorization Act of 2003, the Secretary 
                shall submit a final report on the study referred to in 
                paragraph (1)(C) to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives.
                    ``(B) Ongoing studies.--The Secretary shall submit 
                a report on the studies referred to in paragraph (3) to 
                the Committees of Congress referred to in subparagraph 
                (A) not later than September 30, 2005, and shall submit 
                additional reports on such studies to such committees 
                each year thereafter until September 30, 2009.
    ``(c) Nationwide Traffic Safety Campaigns.--
            ``(1) Requirement for campaigns.--The Administrator of the 
        National Highway Traffic Safety Administration shall establish 
        and administer a program under which 3 high-visibility traffic 
        safety law enforcement campaigns will be carried out for the 
        purposes specified in paragraph (2) in each of years 2004 
        through 2009.
            ``(2) Purpose.--The purpose of each law enforcement 
        campaign is to achieve either or both of the following 
        objectives:
                    ``(A) Reduce alcohol-impaired or drug-impaired 
                operation of motor vehicles.
                    ``(B) Increase use of seat belts by occupants of 
                motor vehicles.
            ``(3) Advertising.--The Administrator may use, or authorize 
        the use of, funds available under this section to pay for the 
        development, production, and use of broadcast and print media 
        advertising in carrying out traffic safety law enforcement 
        campaigns under this subsection. Consideration shall be given 
        to advertising directed at non-English speaking populations, 
        including those who listen, read, or watch nontraditional 
        media.
            ``(4) Coordination with states.--The Administrator shall 
        coordinate with the States in carrying out the traffic safety 
        law enforcement campaigns under this subsection, including 
        advertising funded under paragraph (3), with a view to--
                    ``(A) relying on States to provide most of the law 
                enforcement resources for the campaigns out of funding 
                available under this section and section 405 and 410 of 
                this title; and
                    ``(B) providing out of National Highway Traffic 
                Safety Administration resources most of the means 
                necessary for national advertising and education 
                efforts associated with the law enforcement campaigns.
            ``(5) Funding.--The Secretary shall use $24,000,000 in each 
        of fiscal years 2004 through 2009 for advertising and 
        educational initiatives to be carried out nationwide in support 
        of the campaigns under this section, as well as for the annual 
        evaluation conducted under this section.
    ``(d) Improving Older Driver Safety.--
            ``(1) In general.--Of the funds made available under this 
        section, the Secretary shall allocate $2,000,000 in each of 
        fiscal years 2004 through 2009 to conduct a comprehensive 
        research and demonstration program to improve traffic safety 
        pertaining to older drivers. The program shall--
                    ``(A) provide information and guidelines to assist 
                physicians and other related medical personnel, 
                families, licensing agencies, enforcement officers, and 
                various public and transit agencies in enhancing the 
                safety and mobility of older drivers;
                    ``(B) improve the scientific basis of medical 
                standards and screenings strategies used in the 
                licensing of all drivers in a non-discriminatory 
                manner;
                    ``(C) conduct field tests to assess the safety 
                benefits and mobility impacts of different driver 
                licensing strategies and driver assessment and 
                rehabilitation methods;
                    ``(D) assess the value and improve the safety 
                potential of driver retraining courses of particular 
                benefit to older drivers; and
                    ``(E) conduct other activities to accomplish the 
                objectives of this action.
            ``(2) Formulation of plan.--After consultation with 
        affected parties, the Secretary shall formulate an older driver 
        traffic safety plan to guide the design and implementation of 
        this program. The plan shall be submitted to the House 
        Committee on Transportation and Infrastructure and the Senate 
        Committee on Commerce, Science, and Transportation.
    ``(f) Police Chase Training.--
            ``(1) Requirement for program.--The Administrator of the 
        National Highway Traffic Safety Administration shall carry out 
        a program to train law enforcement personnel of each State and 
        political subdivision thereof in police chase techniques that 
        are consistent with the police chase guidelines issued by the 
        International Association of Chiefs of Police.
            ``(2) Amount for program.--Of the amount available for a 
        fiscal year to carry out this section, $200,000 shall be 
        available for carrying out this subsection.
    ``(g) International Cooperation.--
            ``(1) Authority.--The Administrator of the National Highway 
        Traffic Safety Administration may participate and cooperate in 
        international activities to enhance highway safety.
            ``(2) Amount for activities.--Of the amount available for a 
        fiscal year to carry out this section, $200,000 may be used for 
        activities authorized under paragraph (1).''.
    (b) Study on Refusal of Intoxication Testing.--
            (1) Requirement for study.--In addition to studies under 
        section 403 of title 23, United States Code, the Secretary of 
Transportation shall carry out a study of the frequency with which 
persons arrested for the offense of operating a motor vehicle under the 
influence of alcohol and persons arrested for the offense of operating 
a motor vehicle while intoxicated refuse to take a test to determine 
blood alcohol concentration levels and the effect such refusals have on 
the ability of States to prosecute such persons for those offenses.
            (2) Consultation.--In carrying out the study under this 
        section, the Secretary shall consult with the Governors of the 
        States, the Attorney General, and the United States Sentencing 
        Commission.
            (3) Report.--
                    (A) requirement for report.--Not later than 1 year 
                after the date of the enactment of this Act, the 
                Secretary shall submit a report on the results of the 
                study to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives.
                    (B) Content.--The report shall include any 
                recommendation for legislation, including any 
                recommended model State legislation, and any other 
                recommendations that the Secretary considers 
                appropriate for implementing a program designed to 
                decrease the occurrence refusals by arrested persons to 
                submit to a test to determine blood alcohol 
                concentration levels.
            (4) Funding.--Amounts available for activities under 
        section 403 of title 23, United States Code, shall also be 
        available for the study required by this section.

SEC. 105. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE TECHNICAL 
              CORRECTION.

    Section 404(d) is amended by striking ``Commerce'' and inserting 
``Transportation''.

SEC. 106. OCCUPANT PROTECTION GRANTS.

    Section 405 is amended--
            (1) by striking the second sentence of subsection (a)(1);
            (2) by striking ``Transportation Equity Act for the 21st 
        Century.'' in subsection (a)(2) and inserting ``Highway Safety 
        Grant Program Reauthorization Act of 2003.'';
            (3) by striking subsections (a)(3) and (4), (b), (c), (d), 
        and (e);
            (4) by redesignating subsection (f) as subsection (d);
            (5) by inserting after subsection (a) the following:
    ``(b) Occupant Protection Grants.--
            ``(1) In general.--In addition to the grants authorized by 
        subsection (a), the Secretary shall make grants in accordance 
        with this subsection.
            ``(2) Safety belt performance grants.--
                    ``(A) Primary safety belt use law.--
                            ``(i) For fiscal years 2004 and 2005, the 
                        Secretary shall make a grant to each State that 
                        enacted, and is enforcing, a primary safety 
                        belt use law for all passenger motor vehicles 
                        that became effective by December 31, 2002.
                            ``(ii) For each of fiscal years 2004 
                        through 2009, the Secretary shall, after making 
                        grants under clause (i) of this subparagraph, 
                        make a one-time grant to each State that either 
                        enacts for the first time after December 31, 
                        2002, and has in effect a primary safety belt 
                        use law for all passenger motor vehicles, or, 
                        in the case of a State that does not have such 
                        a primary safety belt use law, has a State 
                        safety belt use rate in the preceding fiscal 
                        year of at least 90 percent, as measured under 
                        criteria determined by the Secretary.
                            ``(iii) Of the funds authorized for grants 
                        under this subsection, $100,000,000 in each of 
                        fiscal years 2004 through 2009 shall be 
                        available for grants under this paragraph. The 
                        amount of a grant available to a State in each 
                        of fiscal years 2004 and 2005 under clause (i) 
                        of this subparagraph shall be equal to \1/2\ of 
                        the amount of funds apportioned to the State 
                        under section 402(c) for fiscal year 2003. The 
                        amount of a grant available to a State in 
                        fiscal year 2004 or in a subsequent fiscal year 
                        under clause (ii) of this subparagraph shall be 
                        equal to 5 times the amount apportioned to the 
                        State for fiscal year 2003 under section 
                        402(c). The Federal share payable for grants 
                        under this subparagraph shall be 100 percent. 
                        If the total amount of grants under clause (ii) 
                        of this subparagraph for a fiscal year exceeds 
                        the amount of funds available in the fiscal 
                        year, grants shall be made to each eligible 
                        State, in the order in which its primary safety 
                        belt use law became effective or its safety 
                        belt use rate reached 90 percent, until the 
                        funds for the fiscal year are exhausted. A 
                        State that does not receive a grant for which 
                        it is eligible in a fiscal year shall receive 
                        the grant in the succeeding fiscal year so long 
                        as its law remains in effect or its safety belt 
                        use rate remains at or above 90 percent. If the 
                        total amount of grants under this subparagraph 
                        for a fiscal year is less than the amount 
                        available in the fiscal year, the Secretary 
                        shall use any funds that exceed the total 
                        amount for grants under subparagraph (B) of 
                        this paragraph.
                    ``(B) Safety belt use rate.--
                            ``(i) For each year from 2004 through 2009, 
                        the funds authorized for grant under this 
                        subparagraph shall be awarded to States that 
                        increase their measured seat belt use rate by--
                                    ``(I) 3 percentage points above the 
                                State's average of the 2 previous 
                                years; or
                                    ``(II) by the following percentage 
                                points for each fiscal year compared to 
                                the average use rates for fiscal years 
                                2001 and 2002:
                                            ``(aa) For 2004, 3 
                                        percentage points by the end of 
                                        fiscal year 2004.
                                            ``(bb) For 2005, 6 
                                        percentage points by the end of 
                                        fiscal year 2005.
                                            ``(cc) For 2006, 9 
                                        percentage points by the end of 
                                        fiscal year 2006.
                                            ``(dd) For 2007, 12 
                                        percentage points by the end of 
                                        fiscal year 2007.
                                            ``(ee) For 2008, 15 
                                        percentage points by the end of 
                                        fiscal year 2008.
                                            ``(ff) For 2009, 18 
                                        percentage points by the end of 
                                        fiscal year 2009.
                            ``(ii) Each State that fulfills the 
                        requirement of subclause (I) or (II) of clause 
                        (i) of this subparagraph shall be apportioned 
                        an amount of funds that is equal to the amount 
                        available under this subparagraph for the 
                        relevant fiscal year multiplied by a ratio 
                        determined by dividing--
                                    ``(I) the amount of funds 
                                appropriated to that State under the 
                                section 402 program for that fiscal 
                                year, by
                                    ``(II) the total amount of funds 
                                appropriated to all States that fulfill 
                                the requirements of either subclause 
                                (I) or (II) of clause (i) of this 
                                subparagraph under section 402 for that 
                                fiscal year.
                        In each year, for each additional percentage 
                        point increase in safety belt use above the 
                        State's percentage point increase under clause 
                        (i), the amount allocated to each State under 
                        the previous sentence shall increase by \1/3\ 
                        of such amount. The apportionment of funds to 
                        all States under this clause shall reflect such 
                        increase so that the total apportionment of 
                        funds under this clause does not exceed the 
                        total funds available for that year.
                            ``(iii) Of the funds authorized for grants 
                        under this subsection, $20,000,000 for fiscal 
                        year 2004, $22,000,000 for fiscal year 2005, 
                        $24,000,000 for fiscal year 2006, $26,000,000 
                        for fiscal year 2007, $28,000,000 for fiscal 
                        year 2008, and $30,000,000 for fiscal year 2009 
                        shall be available for safety belt use rate 
                        grants under this subparagraph.
                            ``(iv) The Federal share payable for grants 
                        under this subparagraph shall be 100 percent.
    ``(c) Use of Grants.--A State allocated an amount for a grant under 
subsection (b)(2)(A) of this subsection shall use the amount for 
activities eligible for assistance under this section, except that it 
may use up to 50 percent of the amount for activities eligible under 
section 150 of this title and consistent with the State's strategic 
highway safety plan under section 151 of this title that are not 
otherwise eligible for assistance under this section. A State allocated 
an amount for a grant under subsection (b)(2)(A) of this subsection may 
use the amount for activities eligible for assistance under this 
section or for activities eligible under section 150 of this title and 
consistent with the State's strategic highway safety plan under section 
151 of this title that are not otherwise eligible for assistance under 
this section. A State allocated an amount for a grant under subsection 
(b)(2)(B) of this section, including any amount transferred under 
subsection (b)(2)(A) of this section, shall use the amount for safety 
belt use programs eligible for assistance under subsection (b), except 
that it may use up to 50 percent of the amount for activities eligible 
under section 150 of this title and consistent with the State's 
strategic highway safety plan under section 151 of this title that are 
not otherwise eligible for assistance under this section.''; and
            (6) by striking paragraphs (1), (3), and (4) of subsection 
        (d), as redesignated, and redesignating paragraphs (2), (5), 
        and (6) as paragraphs (1), (2), and (3).

SEC. 107. SCHOOL BUS DRIVER TRAINING.

    Section 406(c) is amended by striking the first, second, and third 
sentences.

SEC. 108. EMERGENCY MEDICAL SERVICES.

    (a) Federal Coordination and Enhanced Support of Emergency Medical 
Services.--Chapter 4 is amended by inserting after section 407 the 
following:
``Sec. 407A. Federal coordination and enhanced support of emergency 
              medical services
    ``(a) Federal Interagency Committee on Emergency Medical 
Services.--
            ``(1) Establishment.--The Secretary of Transportation and 
        the Secretary of Homeland Security, jointly acting through the 
        Under Secretary of Transportation for Emergency Preparedness 
        and Response, shall establish a Federal Interagency Committee 
        on Emergency Medical Services. In establishing the Interagency 
        Committee, the Under Secretary shall consult with the Secretary 
        of Health and Human Services.
            ``(2) Membership.--The Interagency Committee shall consist 
        of the following officials, or their designees:
                    ``(A) The Administrator, National Highway Traffic 
                Safety Administration.
                    ``(B) The Director, Preparedness Division, 
                Emergency Preparedness and Response Directorate, 
                Department of Homeland Security.
                    ``(C) The Administrator, Health Resources and 
                Services Administration, Department of Health and Human 
                Services.
                    ``(D) The Director, Centers for Disease Control and 
                Prevention, Department of Health and Human Services.
                    ``(E) The Administrator, United States Fire 
                Administration, Emergency Preparedness and Response 
                Directorate, Department of Homeland Security.
                    ``(F) The Director, Center for Medicare and 
                Medicaid Services, Department of Health and Human 
                Services.
                    ``(G) The Undersecretary of Defense for Personnel 
                and Readiness.
                    ``(H) The Assistant Secretary for Public Health 
                Emergency Preparedness, Department of Health and Human 
                Services.
                    ``(I) The Director, Indian Health Service, 
                Department of Health and Human Services.
                    ``(J) The Chief, Wireless Telecom Bureau, Federal 
                Communications Commission.
                    ``(K) A representative of any other Federal agency 
                identified by the Secretary of Transportation or the 
                Secretary of Homeland Security through the Under 
                Secretary for Emergency Preparedness and Response, in 
                consultation with the Secretary of Health and Human 
                Services, as having a significant role in relation to 
                the purposes of the Interagency Committee.
            ``(3) Purposes.--The purposes of the Interagency Committee 
        are as follows:
                    ``(A) To ensure coordination among the Federal 
                agencies involved with State, local, tribal, or 
                regional emergency medical services and 9-1-1 systems.
                    ``(B) To identify State, local, tribal, or regional 
                emergency medical services and 9-1-1 needs.
                    ``(C) To recommend new or expanded programs, 
                including grant programs, for improving State, local, 
                tribal, or regional emergency medical services and 
                implementing improved emergency medical services 
                communications technologies, including wireless 9-1-1.
                    ``(D) To identify ways to streamline the process 
                through which Federal agencies support State, local, 
                tribal or regional emergency medical services.
                    ``(E) To assist State, local, tribal or regional 
                emergency medical services in setting priorities based 
                on identified needs.
                    ``(F) To advise, consult, and make recommendations 
                on matters relating to the implementation of the 
                coordinated State emergency medical services programs.
            ``(4) Administration.--The Administrator of the National 
        Highway Traffic Safety Administration, in cooperation with the 
        Director, Preparedness Division, Emergency Preparedness and 
        Response Directorate, Department of Homeland Security, shall 
        provide administrative support to the Interagency Committee, 
        including scheduling meetings, setting agendas, keeping minutes 
        and records, and producing reports.
            ``(5) Leadership.--The members of the Interagency Committee 
        shall select a chairperson of the Committee annually.
            ``(6) Meetings.--The Interagency Committee shall meet as 
        frequently as is determined necessary by the chairperson of the 
        Committee.
            ``(7) Annual reports.--The Interagency Committee shall 
        prepare an annual report to Congress on the Committee's 
        activities, actions, and recommendations.
    ``(b) Coordinated Nationwide Emergency Medical Services Program.--
            ``(1) Program requirement.--The Secretary of 
        Transportation, acting through the Administrator of the 
        National Highway Traffic Safety Administration, shall 
        coordinate with officials of other Federal departments and 
        agencies, and may assist State and local governments and 
        emergency medical services organizations (whether or not a 
        firefighter organization), private industry, and other 
        interested parties, to ensure the development and 
        implementation of a coordinated nationwide emergency medical 
        services program that is designed to strengthen transportation 
        safety and public health and to implement improved emergency 
        medical services communication systems, including 9-1-1.
            ``(2) Coordinated state emergency medical services 
        program.--Each State shall establish a program, to be approved 
        by the Secretary, to coordinate the emergency medical services 
        and resources deployed throughout the State, so as to ensure--
                    ``(A) improved emergency medical services 
                communication systems, including 9-1-1;
                    ``(B) utilization of established best practices in 
                system design and operations;
                    ``(C) implementation of quality assurance programs; 
                and
                    ``(D) incorporation of data collection and analysis 
                programs that facilitate system development and data 
                linkages with other systems and programs useful to 
                emergency medical services.
            ``(3) Administration of state programs.--The Secretary may 
        not approve a coordinated State emergency medical services 
        program under this subsection unless the program--
                    ``(A) provides that the Governor of the State is 
                responsible for its administration through a State 
                office of emergency medical services that has adequate 
                powers and is suitably equipped and organized to carry 
                out such program and coordinates such program with the 
                highway safety office of the State; and
                    ``(B) authorizes political subdivisions of the 
                State to participate in and receive funds under such 
                program, consistent with a goal of achieving statewide 
                coordination of emergency medical services and 9-1-1 
                activities.
            ``(4) Funding.--
                    ``(A) Use of funds.--Funds authorized to be 
                appropriated to carry out this subsection shall be used 
                to aid the States in conducting coordinated emergency 
                medical services and 9-1-1 programs as described in 
                paragraph (2).
                    ``(B) Administrative expenses.--The total amount of 
                the funds authorized to be appropriated for a fiscal 
                year to carry out this subsection shall be subject to a 
                deduction of an amount not in excess of 5 percent for 
                the necessary costs of administering the provisions of 
                this subsection.
                    ``(C) Apportionment.--
                            ``(i) Apportionment formula.--The funds 
                        remaining after deduction of the amount under 
                        subparagraph (B) shall be apportioned as 
                        follows: 75 percent in the ratio that the 
                        population of each State bears to the total 
                        population of all the States, as shown by the 
                        latest available Federal census, and 25 percent 
                        in the ratio that the public road mileage in 
                        each State bears to the total public road 
                        mileage in all States. For the purpose of this 
                        subparagraph, a `public road' means any road 
                        under the jurisdiction of and maintained by a 
                        public authority and open to public travel. 
                        Public road mileage as used in this subsection 
                        shall be determined as of the end of the 
                        calendar year prior to the year in which the 
                        funds are apportioned and shall be certified by 
                        the Governor of the State and subject to 
                        approval by the Secretary.
                            ``(ii) Minimum apportionment.--The annual 
                        apportionment to each State shall not be less 
                        than \1/2\ of 1 percent of the total 
                        apportionment, except that the apportionment to 
                        the Secretary of the Interior on behalf of 
                        Indian tribes shall not be less than \3/4\ of 1 
                        percent of the total apportionment, and the 
                        apportionments to the Virgin Islands, Guam, 
                        American Samoa, and the Commonwealth of the 
                        Northern Mariana Islands shall not be less than 
                        \1/4\ of 1 percent of the total apportionment.
            ``(5) Applicability of chapter 1.--Section 402(d) of this 
        title shall apply in the administration of this subsection.
            ``(6) Federal share.--The Federal share of the cost of a 
        project or program funded under this subsection shall be 80 
        percent.
            ``(7) Application in indian country.--
                    ``(A) Use of terms.--For the purpose of application 
                of this subsection in Indian country, the terms `State' 
                and `Governor of the State' include the Secretary of 
                the Interior and the term `political subdivisions of 
                the State' includes an Indian tribe.
                    ``(B) Indian country defined.--In this subsection, 
                the term `Indian country' means--
                            ``(i) 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;
                            ``(ii) 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
                            ``(iii) all Indian allotments, the Indian 
                        titles to which have not been extinguished, 
                        including rights-of-way running through such 
                        allotments.
    ``(c) State Defined.--In this section, the term `State' means each 
of the 50 States, the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, and the Secretary of the Interior on behalf of Indian tribes.
    ``(d) Construction With Respect to District of Columbia.--In the 
administration of this section with respect to the District of 
Columbia, a reference in this section to the Governor of a State shall 
refer to the Mayor of the District of Columbia.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 4 is 
amended by inserting after the item relating to section 407 the 
following:

``407A. Federal coordination and enhanced support of emergency medical 
                            services.''.

SEC. 109. REPEAL OF AUTHORITY FOR ALCOHOL TRAFFIC SAFETY PROGRAMS.

    (a) Repeal.--Section 408 is repealed.
    (b) Clerical Amendment.--The chapter analysis for chapter 4 is 
amended by striking the item relating to section 408.

SEC. 110. IMPAIRED DRIVING PROGRAM.

    (a) Maintenance of Effort.--Section 410(a)(2) is amended by 
striking ``the Transportation Equity Act for the 21st Century'' and 
inserting ``the Highway Safety Grant Program Reauthorization Act of 
2003''.
    (b) Revised Grant Authority.--Section 410 is amended--
            (1) by striking paragraph (3) of subsection (a) and 
        redesignating paragraph (4) as paragraph (3); and
            (2) by striking subsections (b) through (f) and inserting 
        the following:
    ``(b) Program-Related Eligibility Requirements.--To be eligible for 
a grant under this section, a State shall--
            ``(1) carry out each of the programs and activities 
        required under subsection (c);
            ``(2) comply with the additional requirements set forth in 
        subsection (d) with respect to such programs and activities; 
        and
            ``(3) comply with any additional requirements of the 
        Secretary.
    ``(c) Required State Programs and Activities.--For the purpose of 
subsection (b)(1), the required State program and activities are as 
follows:
            ``(1) Check-point, saturation patrol program.--A State 
        program to conduct of a series of high-visibility, Statewide 
        law enforcement campaigns in which law enforcement personnel 
        monitor for impaired driving, either through use of check-
        points or saturation patrols, on a nondiscriminatory, lawful 
        basis for the purpose of determining whether the operators of 
        the motor vehicles are driving while under the influence of 
        alcohol or controlled substances.
            ``(2) Prosecution and adjudication program.--For grants 
        made during fiscal years after fiscal year 2004, a State 
        prosecution and adjudication program under which--
                    ``(A) judges and prosecutors are actively 
                encouraged to prosecute and adjudicate cases of 
                repeated commission of impaired driving offenses by 
                reducing the use of State diversion programs, plea 
                negotiation, or other means that have the effect of 
                avoiding or expunging a permanent record of impaired 
                driving in such cases; or
                    ``(B) the courts in a majority of the judicial 
                jurisdictions of the State are monitored on the courts' 
                adjudication of cases of impaired driving offenses; and
                    ``(C) annual Statewide outreach is provided for 
                judges and prosecutors on innovative approaches to the 
                prosecution and adjudication of cases of impaired 
                driving offenses that have the potential for 
                significantly improving the prosecution and 
                adjudication of such cases.
            ``(3) Impaired operation information system.--A State 
        impaired operation information system that--
                    ``(A) tracks drivers who are arrested or convicted 
                for violation of laws prohibiting impaired operation of 
                motor vehicles;
                    ``(B) includes information about each case of an 
                impaired driver beginning at the time of arrest through 
                case disposition, including information about any 
                trial, plea, plea agreement, conviction or other 
                disposition, sentencing or other imposition of 
                sanctions, and substance abuse treatment;
                    ``(C) provides--
                            ``(i) accessibility to the information for 
                        law enforcement personnel Statewide and for 
                        United States law enforcement personnel; and
                            ``(ii) linkage for the sharing of the 
                        information and of the information in State 
                        traffic record systems among jurisdictions and 
                        appropriate agencies and offices of the States; 
                        and
                    ``(D) shares information with the National Highway 
                Traffic Safety Administration for compilation and use 
                for the tracking of impaired operators of motor 
                vehicles who move from State to State.
    ``(d) Additional Requirements.--For the purposes of subsection 
(b)(2), the additional requirements that are applicable to States with 
respect to programs and activities described in subsection (c) are as 
follows:
            ``(1) Check-point, saturation patrol program.--
                    ``(A) Cooperation with national campaigns.--Under 
                the program for the conduct of a series of high-
                visibility, Statewide law enforcement campaigns under 
                subsection (c)(1), a State shall organize the campaigns 
                in cooperation with related national campaigns 
                organized by the National Highway Traffic Safety 
                Administration, but may also initiate high-visibility, 
                Statewide law enforcement campaigns independently of 
                the cooperative efforts.
                    ``(B) Demonstrated improvement.--For each fiscal 
                year, a State shall demonstrate to the Secretary that 
                the State and the political subdivisions of the State 
                that receive funds under this section have increased, 
                in the aggregate, the total number of impaired driving 
                law enforcement activities, as described in subsection 
                (c)(1) (or any other similar activity approved by the 
                Secretary), initiated in such State during the 
                preceding fiscal year by a factor (not less than 5 
                percent) that the Secretary determines meaningful for 
                the State over the number of such activities initiated 
                in such State during the next preceding fiscal year.
            ``(2) Impaired operation information system.--
                    ``(A) In general.--By not later than June 30, 2004, 
                the National Highway Traffic Safety Administration 
                shall issue guidelines to the States specifying the 
                types and formats of data that States should collect 
                relating to drivers who are arrested or convicted for 
                violation of laws prohibiting the impaired operation of 
                motor vehicles.
                    ``(B) Requirement for fiscal years 2004 and 2005.--
                During fiscal years 2004 and 2005, each State shall--
                            ``(i) assess the system used by the State 
                        for tracking drivers who are arrested or 
                        convicted for violation of laws prohibiting 
                        impaired operation of motor vehicles;
                            ``(ii) identify ways to improve the system, 
                        as well as to enhance the capability of the 
                        system to provide information in coordination 
                        with impaired operation information systems of 
                        other States; and
                            ``(iii) develop a strategic plan that sets 
                        forth the actions to be taken and the resources 
                        necessary to achieve the identified 
                        improvements and to enhance the capability for 
                        coordination with the systems of other States.
                    ``(C) Requirement for fiscal years 2006, 2007, and 
                2008.--In each of fiscal years 2006, 2007, and 2008, 
                each State shall demonstrate to the Secretary that the 
                State has made substantial and meaningful progress 
in improving the State's impaired operation information system, and 
shall make public a report on the progress of the information system.
                    ``(D) Requirement for fiscal year 2009.--In fiscal 
                year 2009, each State shall demonstrate to the 
                Secretary that the State's impaired operation 
                information system--
                            ``(i) meets National Highway Traffic Safety 
                        Administration standards for such systems; and
                            ``(ii) is fully operational.
    ``(e) Uses of Grants.--Grants made under this section may be used 
for programs and activities described in subsection (c) and to defray 
the following costs:
            ``(1) Labor costs, management costs, and equipment 
        procurement costs for the high-visibility, Statewide law 
        enforcement campaigns under subsection (c)(1).
            ``(2) The costs of the training of law enforcement 
        personnel and the procurement of technology and equipment, 
        including video equipment and passive alcohol sensors, to 
        counter directly impaired operation of motor vehicles.
            ``(3) The costs of public awareness, advertising, and 
        educational campaigns that publicize use of sobriety check 
        points or increased law enforcement efforts to counter impaired 
        operation of motor vehicles.
            ``(4) The costs of public awareness, advertising, and 
        educational campaigns that target impaired operation of motor 
        vehicles by persons under 34 years of age.
            ``(5) The costs of the development and implementation of a 
        State impaired operation information system described in 
        subsection (c)(3).
    ``(f) Additional Authorities for Certain Authorized Uses.--
            ``(1) Combination of grant proceeds.--Grant funds used for 
        a campaign under subsection (e)(3) may be combined, or expended 
        in coordination, with proceeds of grants under section 402 of 
        this title.
            ``(2) Coordination of uses.--Grant funds used for a 
        campaign under paragraph (3) or (4) of subsection (e) may be 
        expended--
                    ``(A) in coordination with employers, colleges, 
                entities in the hospitality industry, and nonprofit 
                traffic safety groups; and
                    ``(B) in coordination with sporting events and 
                concerts and other entertainment events.
    ``(g) Funding.--
            ``(1) In general.--Except as provided in paragraph (2), 
        grant funding under this section shall be allocated among 
        eligible States on the basis of the apportionment formula that 
        applies for apportionments under section 402(c) of this title.
            ``(2) High fatality-rate states.--The amount of the grant 
        funds allocated under this subsection to each of the 10 States 
        with the highest impaired driving-related fatality rate for the 
        fiscal year preceding the fiscal year of the allocation shall 
        be twice the amount that, except for this subparagraph, would 
        otherwise be allocated to the State under paragraph (1).
    ``(h) Use of Funds by High Fatality-Rate States.--
            ``(1) Required uses.--At least \1/2\ of the amounts 
        allocated to States under subsection (g)(2) shall be used for 
        the program described in subsection (c)(1).
            ``(2) Requirement for plan.--A State receiving an 
        allocation of grant funds under subsection (g)(2) shall expend 
        those funds only after consulting with the Administrator of the 
        National Highway Traffic Safety Administration regarding such 
        expenditures.
    ``(i) Definitions.--In this section:
            ``(1) Impaired driver.--The term `impaired driver' means a 
        person who, while operating a motor vehicle--
                    ``(A) has a blood alcohol content of 0.08 percent 
                or higher; or
                    ``(B) is under the influence of a controlled 
                substance.
            ``(2) Impaired operation.--The term `impaired operation', 
        with respect to a motor vehicle, means the operation of a motor 
        vehicle by an impaired driver.
            ``(3) Impaired driving-related fatality rate.--The term 
        `impaired driving-related fatality rate' means the rate of the 
        fatal accidents that involve impaired drivers while operating 
        motor vehicles, as calculated in accordance with regulations 
        which the Administrator of the National Highway Traffic Safety 
        Administration shall prescribe.''.

SEC. 111. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.

    (a) Grant Program Authority.--Chapter 4 is amended by adding at the 
end the following:
``Sec. 412. State traffic safety information system improvements
    ``(a) Grant Authority.--Subject to the requirements of this 
section, the Secretary shall make grants of financial assistance to 
eligible States to support the development and implementation of 
effective programs by such States to--
            ``(1) improve the timeliness, accuracy, completeness, 
        uniformity, integration, and accessibility of the safety data 
        of the State that is needed to identify priorities for 
        national, State, and local highway and traffic safety programs;
            ``(2) evaluate the effectiveness of efforts to make such 
        improvements;
            ``(3) link the State data systems, including traffic 
        records, with other data systems within the State, such as 
        systems that contain medical, roadway, and economic data; and
            ``(4) improve the compatibility and interoperability of the 
        data systems of the State with national data systems and data 
        systems of other States and enhance the ability of the 
        Secretary to observe and analyze national trends in crash 
        occurrences, rates, outcomes, and circumstances.
    ``(b) First-Year Grants.--
            ``(1) Eligibility.--To be eligible for a first-year grant 
        under this section in a fiscal year, a State shall demonstrate 
        to the satisfaction of the Secretary that the State has--
                    ``(A) established a highway safety data and traffic 
                records coordinating committee with a multidisciplinary 
                membership that includes, among others, managers, 
                collectors, and users of traffic records and public 
                health and injury control data systems; and
                    ``(B) developed a multiyear highway safety data and 
                traffic records system strategic plan that addresses 
                existing deficiencies in the State's highway safety 
                data and traffic records system, is approved by the 
                highway safety data and traffic records coordinating 
                committee, and--
                            ``(i) specifies how existing deficiencies 
                        in the State's highway safety data and traffic 
                        records system were identified;
                            ``(ii) prioritizes, on the basis of the 
                        identified highway safety data and traffic 
                        records system deficiencies, the highway safety 
                        data and traffic records system needs and goals 
                        of the State, including the activities under 
                        subsection (a);
                            ``(iii) identifies performance-based 
                        measures by which progress toward those goals 
                        will be determined; and
                            ``(iv) specifies how the grant funds and 
                        any other funds of the State are to be used to 
                        address needs and goals identified in the 
                        multiyear plan.
            ``(2) Grant amount.--Subject to subsection (d)(3), the 
        amount of a first-year grant to a State for a fiscal year shall 
        be the higher of--
                    ``(A) the amount determined by multiplying--
                            ``(i) the amount appropriated to carry out 
                        this section for such fiscal year, by
                            ``(ii) the ratio that the funds apportioned 
                        to the State under section 402 of this title 
                        for fiscal year 2003 bears to the funds 
                        apportioned to all States under such section 
                        for fiscal year 2003; or
                    ``(B) $300,000.
    ``(c) Successive Year Grants.--
            ``(1) Eligibility.--A State shall be eligible for a grant 
        under this subsection in a fiscal year succeeding the first 
        fiscal year in which the State receives a grant under 
        subsection (b) if the State, to the satisfaction of the 
        Secretary--
                    ``(A) submits an updated multiyear plan that meets 
                the requirements of subsection (b)(1)(B);
                    ``(B) certifies that its highway safety data and 
                traffic records coordinating committee continues to 
                operate and supports the multiyear plan;
                    ``(C) specifies how the grant funds and any other 
                funds of the State are to be used to address needs and 
                goals identified in the multiyear plan;
                    ``(D) demonstrates measurable progress toward 
                achieving the goals and objectives identified in the 
                multiyear plan; and
                    ``(E) includes a current report on the progress in 
                implementing the multiyear plan.
            ``(2) Grant amount.--Subject to subsection (d)(3), the 
        amount of a year grant made to a State for a fiscal year under 
        this subsection shall equal the higher of--
                    ``(A) the amount determined by multiplying--
                            ``(i) the amount appropriated to carry out 
                        this section for such fiscal year, by
                            ``(ii) the ratio that the funds apportioned 
                        to the State under section 402 of this title 
                        for fiscal year 2003 bears to the funds 
                        apportioned to all States under such section 
                        for fiscal year 2003; or
                    ``(B) $500,000.
    ``(d) Additional Requirements and Limitations.--
            ``(1) Model data elements.--The Secretary, in consultation 
        with States and other appropriate parties, shall determine the 
        model data elements that are necessary for the observation and 
        analysis of State and national trends in occurrences, rates, 
        outcomes, and circumstances of motor vehicle traffic accidents. 
        In order to be eligible for a grant under this section, a State 
        shall submit to the Secretary a certification that the State 
        has adopted and uses such model data elements.
            ``(2) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the State 
        enters into such agreements with the Secretary as the Secretary 
        may require to ensure that the State will maintain its 
        aggregate expenditures from all other sources for highway 
        safety data programs at or above the average level of such 
        expenditures maintained by such State in the 2 fiscal years 
        preceding the date of enactment of the Highway Safety Grant 
        Program Reauthorization Act of 2003.
            ``(3) Federal share.--The Federal share of the cost of 
        adopting and implementing in a fiscal year a State program 
        described in subsection (a) may not exceed 80 percent.
            ``(4) Limitation on use of grant proceeds.--A State may use 
        the proceeds of a grant received under this section only to 
        implement the program described in subsection (a) for which the 
        grant is made.
    ``(e) Applicability of Chapter 1.--Section 402(d) of this title 
shall apply in the administration of this section.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 4 is 
amended by adding at the end the following:

``412. State traffic safety information system improvements.''.

SEC. 112. NHTSA ACCOUNTABILITY.

    (a) In General.--Subchapter I of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30106. Agency accountability.
    ``(a) Triennial State Management Reviews.--At least once every 3 
years the National Highway Traffic Safety Administration shall conduct 
a review of each State highway safety program. The review shall include 
a management evaluation of all grant programs partially or fully funded 
under this title. The Administration shall provide review-based 
recommendations on how each State may improve the management and 
oversight of its grant activities and may provide a management and 
oversight plan.
    ``(b) Recommendations before Submission.--In order to provide 
guidance to State highway safety agencies on matters that should be 
addressed in the State highway safety program goals and initiatives 
part of its highway safety plan before the plan is submitted for 
review, the Administration shall provide data-based recommendations to 
each State at least 90 days before the date on which the plan is to be 
submitted for approval.
    ``(c) State Program Review.--The Administration shall--
            ``(1) conduct a program improvement review of any State 
        that does not make substantial progress over a 3-year period in 
        meeting national priority program goals; and
            ``(2) provide technical assistance and safety program 
        recommendations to the State for any goal not achieved.
    ``(d) Regional Administrator Harmonization.--The Administration and 
the Inspector General of the Department of Transportation shall 
undertake a State grant administrative review of the practices and 
procedures of the management reviews and program reviews conducted by 
Administration regional offices and formulate a report of best 
practices to be completed within 180 days after the date of enactment 
of the Surface Transportation Safety Reauthorization Act of 2003.
    ``(e) Best Practices Guidelines.--
            ``(1) Uniform guidelines.--The Administration shall issue 
        uniform management review and program review guidelines based 
        on the report under subsection (d). Each regional office shall 
        use the guidelines in executing its State administrative review 
        duties.
            ``(2) Publication.--The Administration shall make the 
        following documents available via the Internet upon their 
        completion:
                    ``(A) The Administration's management review and 
                program review guidelines.
                    ``(B) State highway safety plans.
                    ``(C) State annual accomplishment reports.
                    ``(D) The Administration's State management 
                reviews.
                    ``(E) The Administration's State program 
                improvement plans.
            ``(3) Reports to state highway safety agencies.--The 
        Administration may not make a plan, report, or review available 
        under paragraph (2) that is directed to a State highway safety 
        agency until after it has been submitted to that agency.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30105 the following:

        ``30106. Agency accountability.''.

SEC. 113. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), this 
subtitle and the amendments made by this subtitle shall take effect on 
October 1, 2003.
    (b) Exception.--Section 112 shall take effect on the date of the 
enactment of this Act.

          Subtitle B--Specific Vehicle Safety-Related Rulings

SEC. 151. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this 
subtitle an amendment is expressed in terms of an amendment to a 
section or other provision of law, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 152. LOAD CAPACITY LABELING FOR LIGHT TRUCKS.

    (a) In General.--Chapter 323 is amended by adding at the end the 
following:
``Sec. 32310. Load capacity of light trucks
    ``Each manufacturer of a new light duty truck manufactured after 
September 30, 2005, and distributed in commerce for sale in the United 
States, shall establish each year for each model year and cause to be 
attached in a prominent place on each of those trucks at least 1 label 
containing a statement of the vehicle's maximum weight carrying 
capacity.''.
    (b) Rulemaking Deadlines.--The Secretary of Transportation shall 
issue--
            (1) a notice of a proposed rulemaking to establish a 
        methodology for computing the maximum weight carrying capacity 
        of light duty trucks required to be labeled under section 32310 
        of title 49, United States Code, not later than June 30, 2004; 
        and
            (2) a final rule under that section not later than June 30, 
        2005.
    (c) Conforming Amendment.--The chapter analysis for chapter 301 is 
amended by inserting after the item relating to section 30127 the 
following:

``32310. Load capacity of light trucks.''.

SEC. 153. VEHICLE CRASH EJECTION PREVENTION.

    (a) In General.--Subchapter II of chapter 301 is amended by adding 
at the end the following:
``Sec. 30128. Vehicle accident ejection protection
    ``(a) In General.--The Secretary shall issue a safety standard to 
reduce complete and partial ejection from passenger motor vehicles with 
a gross vehicle weight rating of up to 10,000 pounds that are involved 
in accidents that present a risk of occupant ejection. The reduction in 
such ejections shall be based on the combined ejection-mitigation 
capabilities of safety technologies, such as advanced side glazing, 
side curtains, and side impact air bags.
    ``(b) Door Lock and Retention Standard.--The Secretary shall issue 
a rule to require manufacturers of new passenger motor vehicles 
distributed in commerce for sale in the United States to make such 
modifications to door locks, door latches, and retention components of 
doors in such vehicles as the Secretary determines to be necessary to 
prevent occupant ejection in vehicle accidents.''.
    (b) Rulemaking Deadlines.--
            (1) Rulemaking.--The Secretary of Transportation shall 
        issue--
                    (A) a notice of a proposed rulemaking under section 
                30128 of title 49, United States Code, not later than 
                June 30, 2005; and
                    (B) a final rule under that section not later than 
                June 30, 2006.
            (2) Effective date of requirements.--Any requirement 
        imposed under the final rule issued under paragraph (1) shall 
        become fully effective no later than December 31, 2008.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $500,000 for each of 
fiscal years 2004 and 2005 to promulgate rules under section 30128 of 
title 49, United States Code.
    (d) Conforming Amendment.--The chapter analysis for chapter 301 is 
amended by inserting after the item relating to section 30127 the 
following:

``30128. Vehicle accident ejection protection.''.

SEC. 154. VEHICLE BACKOVER AVOIDANCE TECHNOLOGY STUDY.

    (a) In General.--The Administrator of the National Highway Traffic 
Safety Administration shall conduct a study of effective methods for 
reducing the incidence of injury and death outside of parked vehicles 
attributable to movement of the parked vehicle. The Administrator shall 
complete the study within 1 year after the date of enactment of this 
Act and report its findings to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Energy and Commerce no later than December 31, 2005.
    (b) Specific Issues To Be Covered.--The study required by 
subsection (a) shall--
            (1) include an analysis of backover prevention technology;
            (2) identify, evaluate, and compare the available 
        technologies for detecting people or objects behind a motor 
        vehicle for their accuracy, effectiveness, cost, and 
        feasibility for installation;
            (3) provide an estimate of cost savings that would result 
        from widespread use of backover prevention devices and 
        technologies, including savings attributable to the prevention 
        of--
                    (A) injuries and fatalities; and
                    (B) damage to bumpers and other car parts and 
                damage to other objects.

SEC. 155. VEHICLE BACKOVER DATA COLLECTION.

    In conjunction with the directives in section 154, the National 
Highway Traffic Safety Administration may establish a method to collect 
and maintain data on the number and types of injuries and deaths 
involving motor vehicles in non-traffic, non-accident incidents to 
assist in the analysis regarding the inclusion of backover prevention 
technologies in vehicles.

SEC. 156. AGGRESSIVITY AND INCOMPATIBILITY REDUCTION STANDARD.

    (a) In General.--Subchapter II of chapter 301, as amended by 
section 153, is amended by adding at the end the following:
``Sec. 30129. Vehicle compatibility and aggressivity reduction standard
    ``(a) In General.--The Secretary of Transportation, through the 
National Highway Traffic Safety Administration, shall issue safety 
regulations to reduce vehicle incompatibility and aggressivity for 
passenger vehicles and non-passenger vehicles. The regulations shall 
address bumper height, weight, and any other characteristics necessary 
to ensure better management of crash forces in multiple vehicle frontal 
and side impact crashes between different types, sizes, and weights of 
passenger vehicles with a gross vehicle weight of 10,000 pounds or less 
in order to decrease occupant deaths and injuries.
    ``(b) Standards.--The Secretary, through the Administration, shall 
develop a standard rating metric to evaluate compatibility and 
aggressivity among passenger motor vehicles.
    ``(c) Public Information.--The Secretary, through the 
Administration, shall create a public information program that includes 
vehicle rating based on risks to occupants, risks to other motorists, 
and combined risks by vehicle make and model.''.
    (b) Rulemaking Deadlines.--
            (1) Rulemaking.--The Secretary of Transportation shall 
        issue--
                    (A) a notice of a proposed rulemaking under section 
                30129 of title 49, United States Code, not later than 
                January 31, 2006; and
                    (B) a final rule under that section not later than 
                December 31, 2007.
            (2) Effective date of requirements.--Any requirement 
        imposed under the final rule issued under paragraph (1) shall 
        become fully effective no later than December 31, 2009.
    (c) Conforming Amendment.--The chapter analysis for chapter 301 is 
amended by inserting after the item relating to section 30128 the 
following:

``30129. Vehicle compatibility and aggressivity reduction standard.''.

SEC. 157. IMPROVED CRASHWORTHINESS.

    (a) Improved Crashworthiness.--Subchapter II of chapter 301, as 
amended by section 156, is amended by adding at the end the following:
``Sec. 30130. Improved crashworthiness of passenger motor vehicles
    ``(a) Rollovers.--
            ``(1) In general.--The Secretary of Transportation, through 
        the National Highway Traffic Safety Administration, shall 
        prescribe a motor vehicle safety standard under this chapter 
        for rollover crashworthiness standards for passenger motor 
        vehicles with a gross vehicle weight of not more than 10,000 
        pounds, using a roof strength standard based on dynamic tests 
        that realistically duplicate the actual forces transmitted to a 
        motor vehicle during an on-roof rollover crash, that includes--
                    ``(A) dynamic roof crush standards;
                    ``(B) improved seat structure and safety belt 
                design, including seat belt pretensioners and load 
                limiters;
                    ``(C) side impact head protection airbags; and
                    ``(D) roof injury protection measures.
            ``(2) Rollover resistance standard.--The Secretary, through 
        the Administration, shall prescribe a rollover prevention 
        standard under this chapter that includes improvements on the 
        basic design characteristics of passenger motor vehicles to 
        increase their resistance to roll over. The Secretary shall 
        also require additional technologies to improve the handling of 
        passenger motor vehicles and thereby reduce the likelihood of 
        vehicle instability and rollovers.
    ``(b) Frontal Impact Standards and Crash Tests.--
            ``(1) In general.--The Secretary, through the 
        Administration, shall prescribe a motor vehicle safety standard 
        under this chapter to improve the protection afforded to 
        occupants in frontal impact crashes involving passenger motor 
        vehicles with a gross vehicle weight of not more than 10,000 
        pounds.
            ``(2) Test methodology.--In prescribing the standard under 
        paragraph (1), the Secretary shall--
                    ``(A) evaluate additional test barriers and 
                measurements of occupant head impact and neck injuries; 
                and
                    ``(B) review frontal impact criteria, including 
                consideration of criteria established by the Insurance 
                Institute for Highway Safety.
    ``(c) Side Impact Standards and Crash Tests.--
            ``(1) In general.--The Secretary, through the 
        Administration, shall prescribe a motor vehicle safety standard 
        under this chapter to improve the protection afforded to 
        occupants in side impact crashes involving passenger motor 
        vehicles with a gross vehicle weight of not more than 10,000 
        pounds.
            ``(2) Test methodology.--In prescribing the standard under 
        paragraph (1), the Secretary shall--
                    ``(A) evaluate additional test barriers and 
                measurements of occupant head impact and neck injuries;
                    ``(B) consider the need for additional and new 
                crash test dummies that represent the full range of 
                occupant sizes and weights; and
                    ``(C) review side impact criteria, including 
                consideration of criteria established by the Insurance 
                Institute for Highway Safety.''.
    (b) Rulemaking Deadlines.--
            (1) Rulemaking.--The Secretary of Transportation shall--
                    (A) issue a notice of a proposed rulemaking under 
                section 30130 of title 49, United States Code, not 
                later than March 31, 2004; and
                    (B) issue a final rule not later than March 31, 
                2006.
            (2) Effective date of requirements.--The Secretary shall 
        phase-in any requirements imposed under a final rule issued 
        under paragraph (1) beginning no sooner than 1 year, for a rule 
        under section 30130(a), and no sooner than 2 years, for a rule 
        under section 30130(b) or (c). No sooner than 4 years after the 
        date of publication of the final rule and no later than 54 
        months after that date, the Secretary shall begin a phase-in of 
        the test procedures and guidelines for measuring injury risk to 
        the abdomen and thorax of occupants of vehicles to which the 
        rule applies.
    (c) Conforming Amendment.--The chapter analysis for chapter 301 is 
amended by inserting after the item relating to section 30129 the 
following:

``30130. Improved crashworthiness of passenger motor vehicles.''.

SEC. 158. 15-PASSENGER VANS.

    (a) In General.--The Secretary of Transportation shall initiate a 
rulemaking and issue a final regulation no later than September 31, 
2004, to include 15-passenger vans and passenger motor vehicles with a 
gross vehicle weight of up to 10,000 pounds in the National Highway 
Traffic Safety Administration's dynamic rollover testing program and 
require such passenger motor vehicles, including 15-passenger vans with 
a gross vehicle weight of up to 10,000 pounds to comply with all 
existing and prospective Federal Motor Vehicle Safety Standards for 
occupant protection and vehicle crash avoidance.
    (b) New Car Assessment Program.--The Secretary shall initiate a 
rulemaking and issue a final regulation no later than September 31, 
2004, to include passenger motor vehicles with a gross vehicle weight 
of up to 10,000 pounds, including 15-passenger vans under various load 
conditions, in the Administration's New Car Assessment Program rollover 
resistance program.
    (c) Vehicle Control Technology for 15-Passenger Vans.--The National 
Highway Traffic Safety Administration shall evaluate, in conjunction 
with manufacturers, and test the potential of technological systems, 
particularly electronic stability control systems and rear-view mirror-
based rollover warning systems, to assist drivers in maintaining 
control of 15-passenger vans with a gross vehicle weight of up to 
10,000 pounds.

SEC. 159. TIRES.

    (a) Anticipatory Tire Replacement.--Section 30120(b) is amended by 
adding at the end the following:
            ``(3) Reimbursement for tires replaced before replacement 
        notification is received.--A manufacturer, through its remedy 
        program, shall include a plan for reimbursing an owner or 
        purchaser who incurred the cost of the remedy in advance of the 
        manufacturer's notification under subsection (b) or (c) of 
        section 30118 up to 6 months after the last defect notice is 
        mailed to owners.''.
    (b) More Safety Performance Criteria.--
            (1) Upgrade standard.--No later than June 1, 2005, the 
        Secretary of Transportation shall issue a final rule to upgrade 
        Federal Motor Vehicle Safety Standard 139 (new pneumatic radial 
        tires for light vehicles), to take effect June 1, 2007, to 
        include safety performance criteria not addressed in the June 
        2003 final rule mandated by the Transportation Recall 
        Enhancement, Accountability, and Documentation Act of 2000 to 
        improve the following safety performance criteria for light 
        vehicle tires:
                    (A) Strength and road hazard protection.
                    (B) Resistance to bead unseating and aging.
            (2) Technology use and report.--The Secretary shall 
        reconsider the use of shearography analysis, on a sampling 
        basis, for regulatory compliance and the National Highway 
        Traffic Safety Administration shall report to Congress on the 
        most cost effective methods of using such technology.

SEC. 160. SAFETY BELT USE REMINDERS.

    (a) Notice of Proposed Rules To Encourage More Seat Belt Use.--No 
later than 12 months after the date of enactment of this Act, the 
Secretary of Transportation shall issue a Notice of Proposed Rulemaking 
to amend the Federal Motor Vehicle Safety Standard No. 208 for 
passenger cars, multipurpose passenger vehicles, and trucks with a 
gross vehicle weight of less than 10,000 pounds to encourage increased 
seat belt usage by drivers and right outboard front seat passengers. 
The proposed rule shall address the potential safety benefits and 
public acceptability of alternative means to encourage increased seat 
belt usage, including intermittent or continuous audible or visual 
reminders when a driver or right outboard front seat passenger is not 
wearing a seat belt, features to prevent operation of convenience or 
entertainment features of the vehicle when a driver or right outboard 
front seat passenger is not wearing a seat belt, and any other seat 
belt use, including but not limited to technology identified by the 
National Academy of Sciences in its study of the potential benefits of 
seat belt usage reminder technologies.
    (b) Final Rule.--No later than 24 months after the date of 
enactment of this Act, the Secretary shall issue the final rule 
required by subsection (a). If the Secretary decides to amend Federal 
Motor Vehicle Safety Standard No. 208 to require new vehicles to 
provide seat belt use-encouraging technologies, any audible reminder 
permitted by the standard shall be differentiated by some means from 
the audible signal that operates only during the 8-second period after 
the ignition is turned to the ``start'' or ``on'' position.

SEC. 161. MISSED DEADLINES REPORTS.

    (a) In General.--If the Secretary of Transportation fails to meet 
any rulemaking deadline established in this subtitle, the Secretary 
shall transmit a report to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure within 90 days after missing the 
deadline--
            (1) explaining why the Secretary failed to meet the 
        deadline; and
            (2) setting forth a date by which the Secretary anticipates 
        that the rulemaking will be made.
    (b) Consideration of Effects.--The Secretary of Transportation 
shall consider the potential consequences, in terms of the number of 
deaths and the number and severity of injuries, that may result from 
not meeting any such deadline.

SEC. 162. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY PROGRAMS.

    (a) In General.--Chapter 4 of title 23, United States Code, as 
amended by section 111 of this Act, is amended by adding at the end the 
following:
``Sec. 413. Booster seat incentive grants
    ``(a) In General.--The Secretary of Transportation shall make a 
grant under this section to any eligible State.
    ``(b) Eligibility Requirements.--
            ``(1) In general.--The Secretary shall make a grant to each 
        State that, as determined by the Secretary, enacts or has 
        enacted, and is enforcing a law requiring that children riding 
        in passenger motor vehicles (as defined in section 405(f)(5)) 
        who are too large to be secured in a child safety seat (as 
        defined in section 405(f)(1)) be secured in a child restraint 
        (as defined in section 7(1) of Anton's Law (49 U.S.C. 30127 
        note)) that meets requirements prescribed by the Secretary 
        under section 3 of Anton's Law.
            ``(2) Year in which first eligible.--
                    ``(A) Early qualification.--A State that has 
                enacted a law described in paragraph (1) that is in 
                effect before October 1, 2005, is first eligible to 
                receive a grant under subsection (a) in fiscal year 
                2006.
                    ``(B) Subsequent qualification.--A State that 
                enacts a law described in paragraph (1) that takes 
                effect after September 30, 2005, is first eligible to 
                receive a grant under subsection (a) in the first 
                fiscal year beginning after the date on which the law 
                is enacted.
            ``(3) Continuing eligibility.--A State that is eligible 
        under paragraph (1) to receive a grant may receive a grant 
        during each fiscal year listed in subsection (f) in which it is 
        eligible.
            ``(4) Maximum number of grants.--A State may not receive 
        more than 4 grants under this section.
    ``(c) Grant Amount.--Amounts available for grants under this 
section in any fiscal year shall be apportioned among the eligible 
States on the basis of population.
    ``(d) Use of Grant Amounts.--
            ``(1) In general.--Of the amounts received by a State under 
        this section for any fiscal year--
                    ``(A) 50 percent shall be used for the enforcement 
                of, and education to promote public awareness of, State 
                child passenger protection laws; and
                    ``(B) 50 percent shall be used to fund programs 
                that purchase and distribute child booster seats, child 
                safety seats, and other appropriate passenger motor 
                vehicle child restraints to indigent families without 
                charge.
            ``(2) Report.--Within 60 days after the State fiscal year 
        in which a State receives a grant under this section, the State 
        shall transmit to the Secretary a report documenting the manner 
        in which grant amounts were obligated or expended and 
        identifying the specific programs supported by grant funds. The 
        report shall be in a form prescribed by the Secretary and may 
        be combined with other State grant reporting requirements under 
        this chapter.
    ``(e) Administrative Expenses.--Not more than 2.5 percent of the 
amount appropriated to carry out this section for any fiscal year may 
be obligated or expended for administrative expenses.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation, out of the Highway 
Trust Fund--
            ``(1) $18,000,000 for fiscal year 2006;
            ``(2) $20,000,000 for fiscal year 2007;
            ``(3) $25,000,000 for fiscal year 2008; and
            ``(4) $30,000,000 for fiscal year 2009.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 4 of 
title 23, United States Code, is amended by inserting after the item 
relating to section 411 the following:

``413. Booster seat incentive grants.''.

SEC. 163. BUS CRASH TESTING.

    (a) In General.--The Secretary of Transportation shall issue a rule 
to create test methodology and conduct motorcoach crash testing. The 
test shall include--
            (1) means to evaluate the effectiveness of passenger 
        restraint systems in the event of a motorcoach crash; and
            (2) means to evaluate and compare the performance of ``pop-
        out'' windows and fixed windows in protecting motorcoach 
        occupants in the event of a crash.
    (b) Rulemaking.--The Secretary of Transportation shall issue--
            (1) a notice of a proposed rulemaking under subsection (a) 
        not later than January 31, 2008; and
            (2) a final rule under that subsection not later than 
        December 31, 2009.

SEC. 164. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Transportation to carry out this subtitle and sections 30128, 30129, 
30130, 30131, and 30171 of title 49, United States Code--
            (1) $130,500,000 for fiscal year 2004;
            (2) $133,500,000 for fiscal year 2005;
            (3) $133,600,000 for fiscal year 2006;
            (4) $134,500,000 for fiscal year 2007;
            (5) $138,000,000 for fiscal year 2008; and
            (6) $141,000,000 for fiscal year 2009.

    TITLE II--MOTOR CARRIER SAFETY AND UNIFIED CARRIER REGISTRATION

SEC. 201. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE

    (a) Short Title.--This title may be cited as the ``Motor Carrier 
Safety Reauthorization Act of 2003''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
specifically provided, whenever in this title an amendment is expressed 
in terms of an amendment to a section or other provision of law, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 202. REQUIRED COMPLETION OF OVERDUE REPORTS, STUDIES, AND 
              RULEMAKINGS.

    (a) Requirement for Completion.--By no later than 36 months after 
the date of enactment of this Act, the Secretary of Transportation 
shall complete all reports, studies, and rulemaking proceedings to 
issue regulations which Congress directed the Secretary to complete in 
previous laws and which are not yet completed, including:
             (1) Commercial Vehicle Driver Biometric Identifier, 
        section 9105, Truck and Bus Safety and Regulatory Reform Act of 
        1988.
             (2) General Transportation of HAZMAT, section 8(b), 
        Hazardous Materials Transportation Uniform Safety Act of 1990.
             (3) Nationally Uniform System of Permits for Interstate 
        Motor Carrier Transport of HAZMAT, section 22, Hazardous 
        Materials Transportation Uniform Safety Act of 1990.
             (4) Training for Entry-Level Drivers of Commercial Motor 
        Vehicles, section 4007 (a), Intermodal Surface Transportation 
        Efficiency Act of 1991.
             (5) Minimum Training Requirements for Operators and for 
        Training Instructors of Multiple Trailer Combination Vehicles, 
        section 4007(b)(2), Intermodal Surface Transportation 
        Efficiency Act of 1991.
             (6) Railroad-Highway Grade Crossing Safety, section 112, 
        Hazardous Materials Transportation Authorization Act of 1994.
             (7) Safety Performance History of New Drivers, section 
        114, Hazardous Materials Transportation Authorization Act of 
        1994.
             (8) Motor Carrier Replacement Information and Registration 
        System, section 103, Interstate Commerce Commission Termination 
        Act of 1995.
             (9) General Jurisdiction Over Freight Forwarder Service, 
        section 13531, Interstate Commerce Commission Termination Act 
        of 1995.
             (10) Waivers, Exemptions, and Pilot Programs, section 
        4007, Transportation Equity Act for the Twenty-First Century.
             (11) Safety Performance History of New Drivers, section 
        4014, Transportation Equity Act for the Twenty-First Century.
             (12) Performance-based CDL Testing, section 4019, 
        Transportation Equity Act for the Twenty-First Century.
             (13) Post-Accident Alcohol Testing, section 4020, 
        Transportation Equity Act for the Twenty-First Century.
             (14) Improved Flow of Driver History Pilot Program, 
        section 4022, Transportation Equity Act for the Twenty-First 
        Century.
             (15) Employee Protections, section 4023, Transportation 
        Equity Act for the Twenty-First Century.
             (16) Improved Interstate School Bus Safety, section 4024, 
        Transportation Equity Act for the Twenty-First Century.
             (17) DOT Implementation Plan, section 4026, Transportation 
        Equity Act for the Twenty-First Century.
             (18) Effects of MCSAP Grant Reductions, section 4032, 
        Transportation Equity Act for the Twenty-First Century.
             (19) Study of Whether Compliance with section 1252.209-70 
        of Title 48 is Sufficient to Avoid Conflicts of Interest in 
        Contracts for Research, section 101, Motor Carrier Safety 
        Improvement Act of 1999.
             (20) Federal Motor Carrier Safety Administration 2010 
        Strategy, Sec. 104, Motor Carrier Safety Improvement Act of 
        1999.
             (21) New Motor Carrier Entrant Requirements, section 210, 
        Motor Carrier Safety Improvement Act of 1999.
             (22) Certified Motor Carrier Safety Auditors, section 211, 
        Motor Carrier Safety Improvement Act of 1999.
             (23) Commercial Van Operations Transporting Nine to 
        Fifteen Passengers, section 212, Motor Carrier Safety 
        Improvement Act of 1999.
             (24) Medical Certificate, section 215, Motor Carrier 
        Safety Improvement Act of 1999.
             (25) Report on Any Pilots Undertaken to Develop Innovative 
        Methods of Improving Motor Carrier Compliance with Traffic 
        Laws, section 220, Motor Carrier Safety Improvement Act of 
        1999.
             (26) Status Report on the Implementation of Electronic 
        Transmission of Data State-to-State on Convictions for All 
        Motor Vehicle Control Law Violations for CDL Holders, section 
        220, Motor Carrier Safety Improvement Act of 1999.
             (27) Assessment of Civil Penalties, section 222, Motor 
        Carrier Safety Improvement Act of 1999.
             (28) Status Report on the Department of Transportation's 
        Goal of Reducing Motor Carrier Fatalities by 50 Percent by the 
        Year 2009, section 223, Motor Carrier Safety Improvement Act of 
        1999.
             (29) Truck Crash Causation Study, section 224, Motor 
        Carrier Safety Improvement Act of 1999;
             (30) Drug Test Results Study, section 226, Motor Carrier 
        Safety Improvement Act of 1999.
    (b) Final Rule Required.--Unless specifically permitted by law, 
rulemaking proceedings shall be considered completed for purposes of 
this section only when the Secretary has issued a final rule and the 
docket for the rulemaking proceeding is closed.
    (c) Schedule for Completion.--No fewer than one-third of the 
reports, studies, and rulemaking proceedings in subsection (a) shall be 
completed every 12 months after the date of enactment of this Act. The 
Inspector General of the Department of Transportation shall make an 
annual determination as to whether this schedule has been met.
    (d) Failure To Comply.--If the Secretary fails to complete the 
required number of reports, studies, and rulemaking proceedings 
according to the schedule set forth in subsection (c) during any fiscal 
year, the Secretary shall allocate to the States $3,000,000 from the 
amount authorized by section 31104(i)(1) of title 49, United States 
Code, for administrative expenses of the Federal Motor Carrier Safety 
Administration to conduct additional compliance reviews under section 
31102 of that title instead of obligating or expending such amount for 
those administrative expenses.
    (e) Amendments to the Listed Reports, Studies, and Rulemaking 
Proceedings.--In addition to completing the reports, studies and 
rulemaking proceedings listed in subsection (c), the Secretary shall--
            (1) amend the Interim Final Rule addressing New Motor 
        Carrier Entrant Requirements to require that a safety audit be 
        immediately converted to a compliance review and appropriate 
        enforcement actions be taken if the safety audit discloses 
        acute safety violations by the new entrant; and
            (2) eliminate a proposed provision in the rulemaking 
        proceeding addressing Commercial Van Operations Transporting 
        Nine to Fifteen Passengers which exempts commercial van 
        operations that operate within a 75-mile radius.
    (f) Completion of New Rulemaking Proceedings.--Nothing in this 
section delays or changes the deadlines specified for new reports, 
studies, or rulemaking mandates contained in this Act.
    (g) Report of Other Agency Actions.--Within 12 months after the 
date of enactment of this Act, the Secretary shall submit to the Senate 
Committee on Commerce, Science, and Transportation and to the House 
Committee on Transportation and Infrastructure a report on the status 
of the following projects:
            (1) Rescinding the current regulation which prohibits truck 
        and bus drivers from viewing television and monitor screens 
        while operating commercial vehicles.
            (2) Incorporating Out-Of-Service Criteria regulations 
        enforced by the Federal Motor Carrier Safety Administration.
            (3) Revision of the safety fitness rating system of motor 
        carriers.
            (4) Amendment of Federal Motor Carrier Safety 
        Administration rules of practice for conducting motor carrier 
        administrative proceedings, investigations, disqualifications, 
        and for issuing penalties.
            (5) Requiring commercial drivers to have a sufficient 
        functional speaking and reading comprehension of the English 
        language.
            (6) Inspection, repair and maintenance of intermodal 
        container chassis and trailers.

SEC. 203. CONTRACT AUTHORITY.

    Authorizations from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this title shall be available for 
obligation on the date of their apportionment or allocation or on 
October 1 of the fiscal year for which they are authorized, whichever 
occurs first. Approval by the Secretary of a grant with funds made 
available under this title imposes upon the United States Government a 
contractual obligation for payment of the Government's share of costs 
incurred in carrying out the objectives of the grant.

                    Subtitle A--Motor Carrier Safety

SEC. 221. MINIMUM GUARANTEE.

    There are authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) not less than 1.21 percent of the 
total amounts made available in any fiscal year from the Highway Trust 
Fund for purposes of this title.

SEC. 222. AUTHORIZATION OF APPROPRIATIONS.

    (a) Administrative Expenses.--Section 31104 is amended by adding at 
the end the following:
    ``(i) Administrative Expenses.--
            ``(1) There are authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit Account) for 
        the Secretary of Transportation to pay administrative expenses 
        of the Federal Motor Carrier Safety Administration--
                    ``(A) $202,900,000 for fiscal year 2004;
                    ``(B) $206,200,000 for fiscal year 2005;
                    ``(C) $211,400,000 for fiscal year 2006;
                    ``(D) $217,500,000 for fiscal year 2007;
                    ``(E) $222,600,000 for fiscal year 2008; and
                    ``(F) $253,500,000 for fiscal year 2009.
            ``(2) The funds authorized by this subsection shall be used 
        for personnel costs; administrative infrastructure; rent; 
        information technology; programs for research and technology, 
        information management, regulatory development (including a 
        medical review board and rules for medical examiners), 
        performance and registration information system management, and 
        outreach and education; other operating expenses and similar 
        matters; and such other expenses as may from time to time 
        become necessary to implement statutory mandates not funded 
        from other sources.
            ``(3) The amounts made available under this section shall 
        remain available until expended.
            ``(4) Of the funds authorized by paragraph (1), $6,750,000 
        in each of fiscal years 2004 through 2009 shall be used to 
        carry out the medical program under section 31149.''.
    (b) Amendment to Apportionment Provision of Title 23.--Section 
104(a) of title 23, United States Code, is amended--
            (1) by striking ``exceed--'' and so much of subparagraph 
        (A) as precedes clause (i) and inserting ``exceed 1\1/6\ 
        percent of all sums so made available, as the Secretary 
        determines necessary--'';
            (2) by redesignating clause (i) and (ii) of subparagraph 
        (A) as subparagraphs (A) and (B), and indenting such clauses, 
        as so redesignated, 2 em spaces; and
            (3) by striking ``system; and'' in subparagraph (B) as so 
        redesignated, and all that follows through ``research.'' and 
        inserting ``system.''.
    (c) Grant Programs.--There are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) for the 
following Federal Motor Carrier Safety Administration programs:
            (1) Border enforcement grants under section 31107 of title 
        49, United States Code--
                    (A) $ 32,000,000 for fiscal year 2004;
                    (B) $ 33,000,000 for fiscal year 2005;
                    (C) $ 33,000,000 for fiscal year 2006;
                    (D) $ 34,000,000 for fiscal year 2007;
                    (E) $ 35,000,000 for fiscal year 2008; and
                    (F) $ 36,000,000 for fiscal year 2009.
            (2) Performance and registration information system 
        management grant program under 31109 of title 49, United States 
        Code--
                    (A) $4,000,000 for fiscal year 2004;
                    (B) $4,000,000 for fiscal year 2005;
                    (C) $4,000,000 for fiscal year 2006;
                    (D) $4,000,000 for fiscal year 2007;
                    (E) $4,000,000 for fiscal year 2008; and
                    (F) $4,000,000 for fiscal year 2009.
            (3) Commercial driver's license and driver improvement 
        program grants under section 31318 of title 49, United States 
        Code--
                    (A) $22,000,000 for fiscal year 2004;
                    (B) $22,000,000 for fiscal year 2005;
                    (C) $23,000,000 for fiscal year 2006;
                    (D) $23,000,000 for fiscal year 2007;
                    (E) $24,000,000 for fiscal year 2008; and
                    (F) $25,000,000 for fiscal year 2009.
            (4) Deployment of the Commercial Vehicle Informations 
        Systems and Networks established under section 241 of this 
        title, $25,000,000 for each of fiscal years 2004 through 2007.
    (d) Period of Availability.--The amounts made available under 
subsection (c) of this section shall remain available until expended.

SEC. 223. MOTOR CARRIER SAFETY GRANTS.

    (a) Motor Carrier Safety Assistance Program.--
            (1) Section 31102 is amended--
                    (A) by striking ``activities by fiscal year 2000;'' 
                in subsection (b)(1)(A) and inserting ``activities for 
                commercial motor vehicles of passengers and freight;'';
                    (B) by striking ``years before December 18, 1991;'' 
                in subsection (b)(1)(E) and inserting ``years'';
                    (C) by striking ``and'' after the semicolon in 
                subsection (b)(1)(S);
                    (D) by striking ``personnel.'' in subsection 
                (b)(1)(T) and inserting ``personnel;'';
                    (E) adding at the end of subsection (b)(1) the 
                following:
            ``(U) ensures that inspections of motor carriers of 
        passengers are conducted at stations, terminals, border 
        crossings, or maintenance facilities, except in the case of an 
        imminent or obvious safety hazard;
            ``(V) provides that the State will include in the training 
        manual for the licensing examination to drive a non-commercial 
        motor vehicle and a commercial motor vehicle, information on 
        best practices for driving safely in the vicinity of commercial 
        motor vehicles and in the vicinity of non-commercial vehicles, 
        respectively; and
            ``(W) provides that the State will enforce the registration 
        requirements of section 13902 by suspending the operation of 
        any vehicle discovered to be operating without registration or 
        beyond the scope of its registration.''; and
                    (F) by striking subsection (c) and inserting the 
                following:
    ``(c) Use of Grants To Enforce Other Laws.--A State may use amounts 
received under a grant under subsection (a) of this section for the 
following activities:
            ``(1) If the activities are carried out in conjunction with 
        an appropriate inspection of the commercial motor vehicle to 
        enforce Government or State commercial motor vehicle safety 
        regulations--
                    ``(A) enforcement of commercial motor vehicle size 
                and weight limitations at locations other than fixed 
                weight facilities, at specific locations such as steep 
                grades or mountainous terrains where the weight of a 
                commercial motor vehicle can significantly affect the 
                safe operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave the 
                United States; and
                    ``(B) detection of the unlawful presence of a 
                controlled substance (as defined under section 102 of 
                the Comprehensive Drug Abuse Prevention and Control Act 
                of 1970 (21 U.S.C. 802)) in a commercial motor vehicle 
                or on the person of any occupant (including the 
                operator) of the vehicle.
            ``(2) Documented enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles, including documented enforcement of 
        such laws and regulations against non-commercial motor vehicles 
        when necessary to promote the safe operation of commercial 
        motor vehicles.''.
            (2) Section 31103(b) is amended--
            (1) by inserting ``(1)'' after ``activities.--''; and
            (2) by adding at the end the following:
            ``(2) New entrant motor carrier audit funds.--From the 
        amounts designated under section 31104(f)(4), the Secretary may 
        allocate new entrant motor carrier audit funds to States and 
        local governments without requiring a matching contribution 
        from such States or local governments.''.
            (3) Section 31104(a) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) to carry out 
section 31102:
            ``(1) Not more than $186,100,000 for fiscal year 2004.
            ``(2) Not more than $189,800,000 for fiscal year 2005.
            ``(3) Not more than $193,600,000 for fiscal year 2006.
            ``(4) Not more than $197,500,000 for fiscal year 2007.
            ``(5) Not more than $201,400,000 for fiscal year 2008.
            ``(6) Not more than $205,500,000 for fiscal year 2009.''.
            (4) Section 31104(f) is amended by striking paragraph (2) 
        and inserting the following:
            ``(2) High-priority activities.--The Secretary may 
        designate up to 5 percent of amounts available for allocation 
under paragraph (1) for States, local governments, and organizations 
representing government agencies or officials for carrying out high 
priority activities and projects that improve commercial motor vehicle 
safety and compliance with commercial motor vehicle safety regulations, 
including activities and projects that are national in scope, increase 
public awareness and education, or demonstrate new technologies. The 
amounts designated under this paragraph shall be allocated by the 
Secretary to State agencies, local governments, and organizations 
representing government agencies or officials that use and train 
qualified officers and employees in coordination with State motor 
vehicle safety agencies. At least 80 percent of the amounts designated 
under this paragraph shall be awarded to State agencies and local 
government agencies.
            ``(3) Safety-performance incentive programs.--The Secretary 
        may designate up to 10 percent of the amounts available for 
        allocation under paragraph (1) for safety performance incentive 
        programs for States. The Secretary shall establish safety 
        performance criteria to be used to distribute incentive program 
        funds. Such criteria shall include, at a minimum, reduction in 
        the number and rate of fatal accidents involving commercial 
        motor vehicles. Allocations under this paragraph do not require 
        a matching contribution from a State.
            ``(4) New entrant audits.--The Secretary shall designate up 
        to $29,000,000 of the amounts available for allocation under 
        paragraph (1) for audits of new entrant motor carriers 
        conducted pursuant to 31144(f). The Secretary may withhold such 
        funds from a State or local government that is unable to use 
        government employees to conduct new entrant motor carrier 
        audits, and may instead utilize the funds to conduct audits in 
        those jurisdictions.''.
    (b) Grants to States for Border Enforcement.--Section 31107 is 
amended to read as follows:
``Sec. 31107. Border enforcement grants
    ``(a) General Authority.--From the funds authorized by section 
222(c)(1) of the Motor Carrier Safety Reauthorization Act of 2003, the 
Secretary may make a grant in a fiscal year to a State that shares a 
border with another country for carrying out border commercial motor 
vehicle safety programs and related enforcement activities and 
projects.
    ``(b) Maintenance of Expenditures.--The Secretary may make a grant 
to a State under this section only if the State agrees that the total 
expenditure of amounts of the State and political subdivisions of the 
State, exclusive of United States Government amounts, for carrying out 
border commercial motor vehicle safety programs and related enforcement 
activities and projects will be maintained at a level at least equal to 
the average level of that expenditure by the State and political 
subdivisions of the State for the last 2 State or Federal fiscal years 
before October 1, 2003.''.
    (c) Grants to States for Commercial Driver's License 
Improvements.--Chapter 313 is amended by adding at the end the 
following:
``Sec. 31318. Grants for commercial driver's license program 
              improvements
    ``(a) General Authority.--From the funds authorized by section 
222(c)(3) of the Motor Carrier Safety Reauthorization Act of 2003, the 
Secretary may make a grant to a State, except as otherwise provided in 
subsection (e), in a fiscal year to improve its implementation of the 
commercial driver's license program, providing the State is in 
substantial compliance with the requirements of section 31311 and this 
section. The Secretary shall establish criteria for the distribution of 
grants and notify the States annually of such criteria.
    ``(b) Conditions.--Except as otherwise provided in subsection (e), 
a State may use a grant under this section only for expenses directly 
related to its commercial driver's license program, including, but not 
limited to, computer hardware and software, publications, testing, 
personnel, training, and quality control. The grant may not be used to 
rent, lease, or buy land or buildings. The Secretary shall give 
priority to grants that will be used to achieve compliance with Federal 
laws and regulations governing the commercial driver's license program. 
The Secretary may allocate the funds appropriated for such grants in a 
fiscal year among the eligible States whose applications for grants 
have been approved, under criteria established by the Secretary.
    ``(c) Maintenance of Expenditures.--Except as otherwise provided in 
subsection (e), the Secretary may make a grant to a State under this 
section only if the State agrees that the total expenditure of amounts 
of the State and political subdivisions of the State, exclusive of 
United States Government amounts, for the operation of the commercial 
driver's license program will be maintained at a level at least equal 
to the average level of that expenditure by the State and political 
subdivisions of the State for the last 2 fiscal years before October 1, 
2003.
    ``(d) Government Share.--Except as otherwise provided in subsection 
(e), the Secretary shall reimburse a State, from a grant made under 
this section, an amount that is not more than 80 percent of the costs 
incurred by the State in a fiscal year in implementing the commercial 
driver's license improvements described in subsection (b). In 
determining those costs, the Secretary shall include in-kind 
contributions by the State.
    ``(e) High-Priority Activities.--
            ``(1) The Secretary may make a grant to a State agency, 
        local government, or organization representing government 
        agencies or officials for the full cost of research, 
        development, demonstration projects, public education, or other 
        special activities and projects relating to commercial driver 
        licensing and motor vehicle safety that are of benefit to all 
        jurisdictions or designed to address national safety concerns 
        and circumstances.
            ``(2) The Secretary may designate up to 10 percent of the 
        amounts made available under section 222(c)(3) of the Motor 
        Carrier Safety Reauthorization Act of 2003 in a fiscal year for 
        high-priority activities under subsection (e)(1).
    ``(f) Emerging Issues.--The Secretary may designate up to 10 
percent of the amounts made available under section 222(c)(3) of the 
Motor Carrier Safety Reauthorization Act of 2003 in a fiscal year for 
allocation to a State agency, local government, or other person at the 
discretion of the Secretary to address emerging issues relating to 
commercial driver's license improvements.
    ``(g) Apportionment.--Except as otherwise provided in subsections 
(e) and (f), all amounts available in a fiscal year to carry out this 
section shall be apportioned to States according to a formula 
prescribed by the Secretary.
    ``(h) Deduction for Administrative Expenses.--On October 1 of each 
fiscal year or as soon after that date as practicable, the Secretary 
may deduct, from amounts made available under section 222(c)(3) of the 
Motor Carrier Safety Reauthorization Act of 2003 for that fiscal year, 
up to 0.75 percent of those amounts for administrative expenses 
incurred in carrying out this section in that fiscal year.''.
    (d) Noncompliance with CDL Requirements.--Section 31314 is amended 
by striking subsections (a) and (b) and inserting the following:
    ``(a) First Fiscal Year.--The Secretary of Transportation shall 
withhold up to 5 percent of the amount required to be apportioned to a 
State under section 104(b)(1), (3), and (4) of title 23 on the first 
day of the fiscal year after the first fiscal year beginning after 
September 30, 1992, throughout which the State does not comply 
substantially with a requirement of section 31311(a) of this title.
    ``(b) Second Fiscal Year.--The Secretary shall withhold up to 10 
percent of the amount required to be apportioned to a State under 
section 104(b)(1), (3), and (4) of title 23 on the first day of each 
fiscal year after the second fiscal year beginning after September 30, 
1992, throughout which the State does not comply substantially with a 
requirement of section 31311(a) of this title.''.
    (e) Conforming Amendments.--
            (1) The chapter analysis for chapter 311 is amended--
            (A) by striking the item relating to Subchapter I, and 
        inserting the following:
         ``subchapter i--general authority and state grants'';
    and
            (B) by striking the item relating to section 31107, and 
        inserting the following:

        ``31107. Border enforcement grants.''.
    (2) Subchapter I of chapter 311 is amended by striking the 
subchapter heading and inserting the following:
          ``subchapter i--general authority and state grants''
            (3) The chapter analysis for chapter 313 is amended by 
        inserting the following after the item relating to section 
        31317:

``31318. Grants for commercial driver's license program 
                            improvements.''.

SEC. 224. CDL WORKING GROUP.

    (a) In General.--The Secretary of Transportation shall convene a 
working group to study and address current impediments and foreseeable 
challenges to the commercial driver's license program's effectiveness 
and measures needed to realize the full safety potential of the 
commercial driver's license program. The working group shall address 
such issues as State enforcement practices, operational procedures to 
detect and deter fraud, needed improvements for seamless information 
sharing between States, effective methods for accurately sharing 
electronic data between States, updated technology, and timely 
notification from judicial bodies concerning traffic and criminal 
convictions of commercial driver's license holders.
    (b) Membership.--Members of the working group should include State 
motor vehicle administrators, organizations representing government 
agencies or officials, members of the Judicial Conference, 
representatives of the trucking industry, representatives of labor 
organizations, safety advocates, and other significant stakeholders.
    (c) Report.--Within 2 years after the date of enactment of this 
Act, the Secretary, on behalf of the working group, shall complete a 
report of the working group's findings and recommendations for 
legislative, regulatory, and enforcement changes to improve the 
commercial driver's license program. The Secretary shall promptly 
transmit the report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.
    (d) Funding.--From the funds authorized by section 222(c)(3) of 
this title, $200,000 shall be made available for each of fiscal years 
2004 and 2005 to carry out this section.

SEC. 225. CDL LEARNER'S PERMIT PROGRAM.

    (a) In General.--Chapter 313 is amended--
            (1) by striking ``time.'' in section 31302 and inserting 
        ``license, and may have only 1 learner's permit at any time.'';
            (2) by inserting ``and learners' permits'' after 
        ``licenses'' the first place it appears in section 31308;
            (3) by striking ``licenses.'' in section 31308 and 
        inserting ``licenses and permits.'';
            (4) by redesignating paragraphs (2) and (3) of section 
        31308 as paragraphs (3) and (4), respectively, and inserting 
        after paragraph (1) the following:
            ``(2) before a commercial driver's license learner's permit 
        can be issued to an individual, the individual must pass a 
        written test on the operation of a commercial motor vehicle 
        that complies with the minimum standards prescribed by the 
        Secretary under section 31305(a) of this title;'';
            (5) by inserting ``or learner's permit'' after ``license'' 
        each place it appears in paragraphs (3) and (4), as 
        redesignated, of section 31308; and
            (6) by inserting ``or learner's permit'' after ``license'' 
        each place it appears in section 31309(b).
    (b) Conforming Amendments.--
            (1) Section 31302 is amended by inserting ``and learner's 
        permits'' in the section caption.
            (2) Sections 31308 and 31309 are each amended by inserting 
        ``and learner's permit'' after ``license'' in the section 
        captions.
            (3) The chapter analysis for chapter 313 is amended by 
        striking the item relating to section 31302 and inserting the 
        following:

``31302. Limitation on the number of driver's licenses and learner's 
                            permits.''.
            (4) The chapter analysis for chapter 313 is amended by 
        striking the items relating to sections 31308 and 31309 and 
        inserting the following:

``31308. Commercial driver's license and learner's permit.
``31309. Commercial driver's license and learner's permit information 
                            system.''.

SEC. 226. HOBBS ACT.

    (a) Section 2342(3)(A) of title 28, United States Code, is amended 
to read as follows:
                    ``(A) the Secretary of Transportation issued 
                pursuant to section 2, 9, 37, or 41 of the Shipping 
                Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 
                841a) or pursuant to part B or C of subtitle IV of 
                title 49 or pursuant to subchapter III of chapter 311, 
                chapter 313, and chapter 315 of part B of subtitle VI 
                of title 49; and''.
    (b) Section 351(a) is amended to read as follows:
    ``(a) Judicial Review.--An action of the Secretary of 
Transportation in carrying out a duty or power transferred under the 
Department of Transportation Act (Public Law 89-670; 80 Stat. 931), or 
an action of the Administrator of the Federal Railroad Administration, 
Federal Motor Carrier Safety Administration, or the Federal Aviation 
Administration in carrying out a duty or power specifically assigned to 
the Administrator by that Act, may be reviewed judicially to the same 
extent and in the same way as if the action had been an action by the 
department, agency, or instrumentality of the United States Government 
carrying out the duty or power immediately before the transfer or 
assignment.''.
    (c) Section 352 is amended to read as follows:
``Sec. 352. Authority to carry out certain transferred duties and 
              powers
    ``In carrying out a duty or power transferred under the Department 
of Transportation Act (Public Law 89-670; 80 Stat. 931), the Secretary 
of Transportation and the Administrators of the Federal Railroad 
Administration, the Federal Motor Carrier Safety Administration, and 
the Federal Aviation Administration have the same authority that was 
vested in the department, agency, or instrumentality of the United 
States Government carrying out the duty or power immediately before the 
transfer. An action of the Secretary or Administrator in carrying out 
the duty or power has the same effect as when carried out by the 
department, agency, or instrumentality.''.

SEC. 227. PENALTY FOR DENIAL OF ACCESS TO RECORDS.

    Section 521(b)(2) is amended by adding at the end the following:
                    ``(E) Copying of records and access to equipment, 
                lands, and buildings.--A motor carrier subject to 
                chapter 51 of subtitle III, a motor carrier, broker, or 
                freight forwarder subject to part B of subtitle IV, or 
                the owner or operator of a commercial motor vehicle 
                subject to part B of subtitle VI of this title who 
                fails to allow the Secretary, or an employee designated 
                by the Secretary, promptly upon demand to inspect and 
                copy any record or inspect and examine equipment, 
                lands, buildings and other property in accordance with 
                sections 504(c), 5121(c), and 14122(b) of this title 
                shall be liable to the United States for a civil 
                penalty not to exceed $500 for each offense, and each 
                day the Secretary is denied the right to inspect and 
                copy any record or inspect and examine equipment, 
                lands, buildings and other property shall constitute a 
                separate offense, except that the total of all civil 
                penalties against any violator for all offenses related 
                to a single violation shall not exceed $5,000. It shall 
                be a defense to such penalty that the records did not 
                exist at the time of the Secretary's request or could 
                not be timely produced without unreasonable expense or 
                effort. Nothing herein amends or supersedes any remedy 
                available to the Secretary under sections 502(d), 
                507(c), or other provision of this title.''.

SEC. 228. MEDICAL PROGRAM.

    (a) In General.--Subchapter III of chapter 311 is amended by adding 
at the end the following:
``Sec. 31149. Medical program
    ``(a) Medical Review Board.--
            ``(1) Establishment and function.--The Secretary of 
        Transportation shall establish a Medical Review Board to serve 
        as an advisory committee to provide the Federal Motor Carrier 
        Safety Administration with medical advice and recommendations 
        on driver qualification medical standards and guidelines, 
        medical examiner education, and medical research.
            ``(2) Composition.--The Medical Review Board shall be 
        appointed by the Secretary and shall consist of 5 members 
        selected from medical institutions and private practice. The 
        membership shall reflect expertise in a variety of specialties 
        relevant to the functions of the Federal Motor Carrier Safety 
        Administration.
    ``(b) Chief Medical Examiner.--The Secretary shall appoint a chief 
medical examiner for the Federal Motor Carrier Safety Administration.
    ``(c) Medical Standards and Requirements.--The Secretary, with the 
advice of the Medical Review Board and the chief medical examiner, 
shall--
            ``(1) establish, review, and revise--
                    ``(A) medical standards for applicants for and 
                holders of commercial driver's licenses that will 
                ensure that the physical condition of operators of 
                commercial motor vehicles is adequate to enable them to 
                operate the vehicles safely;
                    ``(B) requirements for periodic physical 
                examinations of such operators performed by medical 
                examiners who have received training in physical and 
                medical examination standards and are listed on a 
                national registry maintained by the Department of 
                Transportation; and
                    ``(C) requirements for notification of the chief 
                medical examiner if such an applicant or holder--
                            ``(i) fails to meet the applicable 
                        standards; or
                            ``(ii) is found to have a physical or 
                        mental disability or impairment that would 
                        interfere with the individual's ability to 
                        operate a commercial motor vehicle safely;
            ``(2) require each holder of a commercial driver's license 
        or learner's permit to have a current valid medical 
        certificate;
            ``(3) issue such certificates to such holders and 
        applicants who are found, upon examination, to be physically 
        qualified to operate a commercial motor vehicle and to meet 
        applicable medical standards; and
            ``(4) develop, as appropriate, specific courses and 
        materials for medical examiners listed in the national registry 
        established under this section, and require those medical 
        examiners to complete specific training, including refresher 
courses, to be listed in the registry.
    ``(d) National Registry of Medical Examiners.--The Secretary, 
through the Federal Motor Carrier Safety Administration--
            ``(1) shall establish and maintain a current national 
        registry of medical examiners who are qualified to perform the 
        examination, testing, and inspection necessary to issue a 
        medical certificate;
            ``(2) may delegate to such examiners the authority to issue 
        such certificates; and
            ``(3) shall remove from the registry the name of any 
        medical examiner that fails to meet the qualifications 
        established by the Secretary for being listed in the registry.
    ``(e) Consultation and Cooperation With FAA.--
            ``(1) In general.--The Administrator of the Federal Motor 
        Carrier Safety Administration shall consult the Administrator 
        of the Federal Aviation Administration with respect to 
        examinations, the issuance of certificates, standards, and 
        procedures under this section in order to take advantage of 
        such aspects of the Federal Aviation Administration's airman 
        certificate program under chapter 447 of this title as the 
        Administrator deems appropriate for carrying out this section.
            ``(2) Use of faa-qualified examiners.--The Administrator of 
        the Federal Motor Carrier Safety Administration and the 
        Administrator of the Federal Aviation Administration are 
        authorized and encouraged to execute a memorandum of 
        understanding under which individuals holding or applying for a 
        commercial driver's license or learner's permit may be 
        examined, for purposes of this section, by medical examiners 
        who are qualified to administer medical examinations for airman 
        certificates under chapter 447 of this title and the 
        regulations thereunder--
                    ``(A) until the national registry required by 
                subsection (d) is fully established; and
                    ``(B) to the extent that the Administrators 
                determine appropriate, after that registry is 
                established.
    ``(f) Regulations.--The Secretary is authorized to promulgate such 
regulations as may be necessary to carry out this section.''.
    (b) Medical Examiners.--Section 31136(a)(3) is amended to read as 
follows:
            ``(3) the physical condition of operators of commercial 
        motor vehicles is adequate to enable them to operate the 
        vehicles safely, and the periodic physical examinations 
        required of such operators are performed by medical examiners 
        who have received training in physical and medical examination 
        standards and are listed on a national registry maintained by 
        the Department of Transportation; and''.
    (c) Conforming Amendment.--The chapter analysis for chapter 311 is 
amended by inserting after the item relating to section 31148 the 
following:

``31149. Medical program.''.
    (d) Effective Date.--The amendment made by subsection (a) shall 
take effect 1 year after the date of enactment of this Act.

SEC. 229. OPERATION OF COMMERCIAL MOTOR VEHICLES BY INDIVIDUALS WHO USE 
              INSULIN TO TREAT DIABETES MELLITUS.

    (a) Issuance of Final Rule.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall issue a final rule to 
allow individuals who use insulin to treat their diabetes to operate 
commercial motor vehicles in interstate commerce. The final rule shall 
provide for the individual assessment of applicants who use insulin to 
treat their diabetes and who are, except for their use of insulin, 
otherwise qualified under the Federal Motor Carrier Safety Regulations. 
The final rule shall be consistent with the criteria described in 
section 4018 of the Transportation Equity Act for the 21st Century (49 
U.S.C. 31305 note) and shall conclude the rulemaking process in the 
Federal Motor Carrier Safety Administration docket relating to 
qualifications of drivers with diabetes.
    (b) No History of Driving While Using Insulin Required for 
Qualification.--The Secretary may not require individuals to have 
experience operating commercial motor vehicles while using insulin in 
order to qualify to operate a commercial motor vehicle in interstate 
commerce.
    (c) History of Diabetes Control.--In the final rule, the Secretary 
may require an individual to have used insulin for a minimum period of 
time and demonstrated stable control of diabetes in order to qualify to 
operate a commercial motor vehicle in interstate commerce. Any such 
requirement, including any requirement with respect to the duration of 
such insulin use, shall be consistent with the findings of the expert 
medical panel reported in July 2000 in ``A Report to Congress on the 
Feasibility of a Program to Qualify Individuals with Insulin-Treated 
Diabetes Mellitus to Operate Commercial Motor Vehicles in Interstate 
Commerce as Directed by the Transportation Equity Act for the 21st 
Century''.
    (d) Limitations on Final Rule.--The Secretary shall ensure that 
individuals who use insulin to treat their diabetes are not held to a 
higher standard than other qualified commercial drivers, except to the 
extent that limited operating, monitoring, or medical requirements are 
deemed medically necessary by experts in the field of diabetes 
medicine.

SEC. 230. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR CARRIERS.

    (a) Transportation of Passengers.--
            (1) Section 31138(a) is amended to read as follows:
    ``(a) General Requirement.--The Secretary of Transportation shall 
prescribe regulations to require minimum levels of financial 
responsibility sufficient to satisfy liability amounts established by 
the Secretary covering public liability and property damage for the 
transportation of passengers by motor vehicle in the United States 
between a place in a State and--
            ``(1) a place in another State;
            ``(2) another place in the same State through a place 
        outside of that State; or
            ``(3) a place outside the United States.''.
            (2) Section 31138(c) is amended by adding at the end the 
        following:
            ``(4) The Secretary may require a person, other than a 
        motor carrier as defined in section 13102(12) of this title, 
        transporting passengers by motor vehicle to file with the 
        Secretary the evidence of financial responsibility specified in 
        subsection (c)(1) of this section in an amount not less than 
        that required by this section, and the laws of the State or 
        States in which the person is operating, to the extent 
        applicable. The extent of the financial responsibility must be 
        sufficient to pay, not more than the amount of the financial 
        responsibility, for each final judgment against the person for 
        bodily injury to, or death of, an individual resulting from the 
        negligent operation, maintenance, or use of motor vehicles, or 
        for loss or damage to property, or both.''.
    (b) Transportation of Property.--Section 31139 is amended--
            (1) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b) General Requirements and Minimum Amount.--
            ``(1) The Secretary of Transportation shall prescribe 
        regulations to require minimum levels of financial 
        responsibility sufficient to satisfy liability amounts 
        established by the Secretary covering public liability, 
        property damage, and environmental restoration for the 
        transportation of property by motor vehicle in the United 
        States between a place in a State and--
                    ``(A) a place in another State;
                    ``(B) another place in the same State through a 
                place outside of that State; or
                    ``(C) a place outside the United States.'';
            (2) by aligning the left margin of paragraph (2) of 
        subsection (b) with the left margin of paragraph (1) of that 
        subsection (as amended by paragraph (1) of this subsection); 
        and
            (3) by redesignating subsection (c) through (g) as 
        subsections (d) through (h), respectively, and inserting after 
        subsection (b) the following:
    ``(c) Filing of Evidence of Financial Responsibility.--The 
Secretary may require a motor private carrier, as defined in section 
13102 of this title, to file with the Secretary the evidence of 
financial responsibility specified in subsection (b) of this section in 
an amount not less than that required by this section, and the laws of 
the State or States in which the motor private carrier is operating, to 
the extent applicable. The amount of the financial responsibility must 
be sufficient to pay, not more than the amount of the financial 
responsibility, for each final judgment against the motor private 
carrier for bodily injury to, or death of, an individual resulting from 
negligent operation, maintenance, or use of motor vehicles, or for loss 
or damage to property, or both.''.

SEC. 231. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE 
              RECORDS.

    (a) Section 521(b)(2)(B) is amended to read as follows:
            ``(B) Recordkeeping and reporting violations.--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 
        31138 and 31139) 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--
                    ``(i) who does not make that report, does not 
                specifically, completely, and truthfully answer that 
                question in 30 days from the date the Secretary 
                requires the question to be answered, or 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 $1,000 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 $10,000; or
                    ``(ii) who knowingly falsifies, destroys, 
                mutilates, or changes a required report or record, 
                knowingly files a false report with the Secretary, 
                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 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 $10,000 for each violation, if any such 
                action can be shown to have misrepresented a fact that 
                constitutes a violation other than a reporting or 
                recordkeeping violation.''.
    (b) Section 31310(i)(2) is amended to read as follows:
            ``(2) The Secretary shall prescribe regulations 
        establishing sanctions and penalties related to violations of 
        out-of-service orders by individuals operating commercial motor 
        vehicles. The regulations shall require at least that--
                    ``(A) an operator of a commercial motor vehicle 
                found to have committed a first violation of an out-of-
                service order shall be disqualified from operating such 
                a vehicle for at least 180 days and liable for a civil 
                penalty of at least $2,500;
                    ``(B) an operator of a commercial motor vehicle 
                found to have committed a second violation of an out-
                of-service order shall be disqualified from operating 
                such a vehicle for at least 2 years and not more than 5 
                years and liable for a civil penalty of at least 
                $5,000;
                    ``(C) an employer that knowingly allows or requires 
                an employee to operate a commercial motor vehicle in 
                violation of an out-of-service order shall be liable 
                for a civil penalty of not more than $25,000; and
                    ``(D) an employer that knowingly and willfully 
                allows or requires an employee to operate a commercial 
                motor vehicle in violation of an out-of-service order 
shall, upon conviction, be subject for each offense to imprisonment for 
a term not to exceed 1 year or a fine under title 18, United States 
Code, or both.''.

SEC. 232. ELIMINATION OF COMMODITY AND SERVICE EXEMPTIONS.

    (a) Section 13506(a) is amended--
            (1) by striking paragraphs (6), (11), (12), (13), and (15);
            (2) by redesignating paragraphs (7), (8), (9), (10), and 
        (14) as paragraphs (6), (7), (8), (9) and (10), respectively;
            (3) by inserting ``or'' after the semicolon in paragraph 
        (9), as redesignated; and
            (4) striking ``13904(d); or'' in paragraph (1), as 
        redesignated, and inserting ``14904(d).''.
    (b) Section 13507 is amended by striking ``(6), (8), (11), (12), or 
(13)'' and inserting ``(6)''.

SEC. 233. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.

    (a) Subsection (a) of section 31144 is amended to read as follows:
    ``(a) In General.--The Secretary shall--
            ``(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing among other 
        things the accident record of an owner or operator operating in 
        interstate commerce and the accident record and safety 
        inspection record of such owner or operator in operations that 
        affect interstate commerce;
            ``(2) periodically update such safety fitness 
        determinations;
            ``(3) make such final safety fitness determinations readily 
        available to the public; and
            ``(4) prescribe by regulation penalties for violations of 
        this section consistent with section 521.''.
    (b) Subsection (c) of section 31144 is amended by adding at the end 
the following:
            ``(5) Transportation affecting interstate commerce.--Owners 
        or operators of commercial motor vehicles prohibited from 
        operating in interstate commerce pursuant to paragraphs (1) 
        through (3) of this section may not operate any commercial 
        motor vehicle that affects interstate commerce until the 
        Secretary determines that such owner or operator is fit.''.
    (c) Section 31144 is amended by redesignating subsections (d), (e), 
and the second subsection (c) as subsections (e), (f), and (g), 
respectively, and inserting after subsection (c) the following:
    ``(d) Determination of Unfitness by a State.--If a State that 
receives Motor Carrier Safety Assistance Program funds pursuant to 
section 31102 of this title determines, by applying the standards 
prescribed by the Secretary under subsection (b) of this section, that 
an owner or operator of commercial motor vehicles that has its 
principal place of business in that State and operates in intrastate 
commerce is unfit under such standards and prohibits the owner or 
operator from operating such vehicles in the State, the Secretary shall 
prohibit the owner or operator from operating such vehicles in 
interstate commerce until the State determines that the owner or 
operator is fit.''.

SEC. 234. AUTHORITY TO STOP COMMERCIAL MOTOR VEHICLES.

    (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 38. Commercial motor vehicles required to stop for inspections
    ``(a) A driver of a commercial motor vehicle, as defined in section 
31132(1) of title 49, shall stop and submit to inspection of the 
vehicle, driver, cargo, and required records when directed to do so by 
an authorized employee of the Federal Motor Carrier Safety 
Administration, Department of Transportation, at or in the vicinity of 
an inspection site. The driver shall not leave the inspection site 
until authorized to do so by an authorized employee.
    ``(b) A driver of a commercial motor vehicle, as defined in 
subsection (a), who knowingly fails to stop for inspection when 
directed to do so by an authorized employee of the Federal Motor 
Carrier Safety Administration at or in the vicinity of an inspection 
site, or leaves the inspection site without authorization, shall be 
fined under this title or imprisoned not more than 1 year, or both.''.
    (b) Authority of FMCSA.--Chapter 203 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 3064. Powers of Federal Motor Carrier Safety Administration
    ``Authorized employees of the Federal Motor Carrier Safety 
Administration may direct a driver of a commercial motor vehicle, as 
defined in 49 U.S.C. 31132(1), to stop for inspection of the vehicle, 
driver, cargo, and required records at or in the vicinity of an 
inspection site.''.
    (c) Conforming Amendments.--
            (1) The chapter analysis for chapter 2 of title 18, United 
        States Code, is amended by inserting after the item relating to 
        section 37 the following:

``38. Commercial motor vehicles required to stop for inspections.''.
            (2) The chapter analysis for chapter 203 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 3063 the following:

``3064. Powers of Federal Motor Carrier Safety Administration.''.

SEC. 235. REVOCATION OF OPERATING AUTHORITY.

    Section 13905(e) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Protection of safety.--Notwithstanding subchapter II 
        of chapter 5 of title 5, the Secretary--
                    ``(A) may suspend the registration of a motor 
                carrier, a freight forwarder, or a broker for failure 
                to comply with requirements of the Secretary pursuant 
                to section 13904(c) or 13906 of this title, or an order 
                or regulation of the Secretary prescribed under those 
                sections; and
                    ``(B) shall revoke the registration of a motor 
                carrier that has been prohibited from operating in 
                interstate commerce for failure to comply with the 
                safety fitness requirements of section 31144 of this 
                title.'';
            (2) by striking ``may suspend a registration''in paragraph 
        (2) and inserting ``shall revoke the registration''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Notice; period of suspension.--The Secretary may 
        suspend or revoke under this subsection the registration only 
        after giving notice of the suspension or revocation to the 
        registrant. A suspension remains in effect until the registrant 
        complies with the applicable sections or, in the case of a 
        suspension under paragraph (2), until the Secretary revokes the 
        suspension.''.

SEC. 236. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT.

    (a) In General.--Section 31135 is amended--
            (1) by inserting ``(a) In General.--'' before ``Each''; and
            (2) by adding at the end the following:
    ``(b) Pattern of Non-Compliance.--If an officer of a motor carrier 
engages in a pattern or practice of avoiding compliance, or masking or 
otherwise concealing non-compliance, with regulations on commercial 
motor vehicle safety prescribed under this subchapter, the Secretary 
may suspend, amend, or revoke any part of the motor carrier's 
registration under section 13905 of this title.
    ``(c) List of Proposed Officers.--Each person seeking registration 
as a motor carrier under section 13902 of this title shall submit a 
list of the proposed officers of the motor carrier. If the Secretary 
determines that any of the proposed officers has previously engaged in 
a pattern or practice of avoiding compliance, or masking or otherwise 
concealing non-compliance, with regulations on commercial motor vehicle 
safety prescribed under this chapter, the Secretary may deny the 
person's application for registration as a motor carrier under section 
13902(a)(3).
    ``(d) Regulations.--The Secretary shall by regulation establish 
standards to implement subsections (b) and (c).
    ``(e) Definitions.--In this section:
            ``(1) Motor carrier.--The term motor carrier has the 
        meaning given the term in section 13102(12) of this title; and
            ``(2) Officer.--The term officer means an owner, chief 
        executive officer, chief operating officer, chief financial 
        officer, safety director, vehicle maintenance supervisor and 
        driver supervisor of a motor carrier, regardless of the title 
        attached to those functions.''.
    (b) Registration of Carriers.--Section 13902(a)(1)(B) is amended to 
read as follows:
            ``(B) any safety regulations imposed by the Secretary, the 
        duties of employers and employees established by the Secretary 
        under section 31135, and the safety fitness requirements 
        established by the Secretary under section 31144; and''.

SEC. 237. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM.

    (a) In General--Section 31108 is amended to read as follows:
``Sec. 31108. Motor carrier research and technology program
    ``(a) Research, Technology, and Technology Transfer Activities.--
            ``(1) The Secretary of Transportation shall establish and 
        carry out a motor carrier and motor coach research and 
        technology program. The Secretary may carry out research, 
        development, technology, and technology transfer activities 
        with respect to--
                    ``(A) the causes of accidents, injuries and 
                fatalities involving commercial motor vehicles; and
                    ``(B) means of reducing the number and severity of 
                accidents, injuries and fatalities involving commercial 
                motor vehicles.
            ``(2) The Secretary may test, develop, or assist in testing 
        and developing any material, invention, patented article, or 
        process related to the research and technology program.
            ``(3) The Secretary may use the funds appropriated to carry 
        out this section for training or education of commercial motor 
        vehicle safety personnel, including, but not limited to, 
        training in accident reconstruction and detection of controlled 
        substances or other contraband, and stolen cargo or vehicles.
            ``(4) The Secretary may carry out this section--
                    ``(A) independently;
                    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories; or
                    ``(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with, any Federal laboratory, State 
                agency, authority, association, institution, for-profit 
                or non-profit corporation, organization, foreign 
                country, or person.
            ``(5) The Secretary shall use funds made available to carry 
        out this section to develop, administer, communicate, and 
        promote the use of products of research, technology, and 
        technology transfer programs under this section.
    ``(b) Collaborative Research and Development.--
            ``(1) To advance innovative solutions to problems involving 
        commercial motor vehicle and motor carrier safety, security, 
        and efficiency, and to stimulate the deployment of emerging 
        technology, the Secretary may carry out, on a cost-shared 
        basis, collaborative research and development with--
                    ``(A) non-Federal entities, including State and 
                local governments, foreign governments, colleges and 
                universities, corporations, institutions, partnerships, 
                and sole proprietorships that are incorporated or 
                established under the laws of any State; and
                    ``(B) Federal laboratories.
            ``(2) In carrying out this subsection, the Secretary may 
        enter into cooperative research and development agreements (as 
        defined in section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a)).
            ``(3)(A) The Federal share of the cost of activities 
        carried out under a cooperative research and development 
        agreement entered into under this subsection shall not exceed 
        50 percent, except that if there is substantial public interest 
        or benefit, the Secretary may approve a greater Federal share.
            ``(B) All costs directly incurred by the non-Federal 
        partners, including personnel, travel, and hardware or software 
        development costs, shall be credited toward the non-Federal 
        share of the cost of the activities described in subparagraph 
        (A).
            ``(4) The research, development, or use of a technology 
        under a cooperative research and development agreement entered 
        into under this subsection, including the terms under which the 
        technology may be licensed and the resulting royalties may be 
        distributed, shall be subject to the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
            ``(5) Section 5 of title 41, United States Code, shall not 
        apply to a contract or agreement entered into under this 
        section.
    ``(c) Availability of Amounts.--The amounts made available under 
section 222(a) of the Motor Carrier Safety Reauthorization Act of 2003 
to carry out this section shall remain available until expended.
    ``(d) Contract Authority.--Approval by the Secretary of a grant 
with funds made available under section 222(a) of the Motor Carrier 
Safety Reauthorization Act of 2003 to carry out this section imposes 
upon the United States Government a contractual obligation for payment 
of the Government's share of costs incurred in carrying out the 
objectives of the grant.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 311 is 
amended by striking the item relating to section 31108, and inserting 
the following:

``31108. Motor carrier research and technology program.''.

SEC. 238. REVIEW OF COMMERCIAL ZONE EXEMPTION PROVISION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall complete a review of 
part 372 of title 49, Code of Federal Regulations, as it pertains to 
commercial zone exemptions (excluding border commercial zones) from 
Department of Transportation and Surface Transportation Board 
regulations governing interstate commerce. The Secretary shall 
determine whether such exemptions should continue to apply as written, 
should undergo revision, or should be revoked. The Secretary shall 
submit to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure a report of the review not later than 14 months after 
such date of enactment.
    (b) Notice.--The Secretary shall publish notice of the review 
required by subsection (a) and provide an opportunity for the public to 
submit comments on the effect of continuing, revising, or revoking the 
commercial zone exemptions in part 372 of title 49, Code of Federal 
Regulations.

SEC. 239. INTERNATIONAL COOPERATION.

    (a) In General.--Chapter 311 is amended by inserting at the end the 
following:

                     ``SUBCHAPTER IV--MISCELLANEOUS

``Sec. 31161. International cooperation
    ``The Secretary is authorized to use funds appropriated under 
section 31104(i) of this title to participate and cooperate in 
international activities to enhance motor carrier, commercial motor 
vehicle, driver, and highway safety by such means as exchanging 
information, conducting research, and examining needs, best practices, 
and new technology.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 311 is 
amended by adding at the end the following:

                     ``SUBCHAPTER IV--MISCELLANEOUS

``31161. International cooperation.''.

SEC. 240. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT.

    (a) In General.--Section 31106(b) is amended--
            (1) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Design.--The program shall link Federal motor carrier 
        safety information systems with State commercial vehicle 
        registration and licensing systems and shall be designed to 
        enable a State to--
                    ``(A) determine the safety fitness of a motor 
                carrier or registrant when licensing or registering the 
                registrant or motor carrier or while the license or 
                registration is in effect; and
                    ``(B) deny, suspend, or revoke the commercial motor 
                vehicle registrations of a motor carrier or registrant 
                that has been issued an operations out-of-service order 
                by the Secretary.
            ``(3) Conditions for Participation.--The Secretary shall 
        require States, as a condition of participation in the program, 
        to--
                    ``(A) comply with the uniform policies, procedures, 
                and technical and operational standards prescribed by 
                the Secretary under subsection (a)(4);
                    ``(B) possess the authority to impose sanctions 
                relating to commercial motor vehicle registration on 
                the basis of a Federal safety fitness determination; 
                and
                    ``(C) cancel the motor vehicle registration and 
                seize the registration plates of an employer found 
                liable under section 31310(i)(2)(C) of this title for 
                knowingly allowing or requiring an employee to operate 
                a commercial motor vehicle in violation of an out-of-
                service order.''; and
            (2) by striking paragraph (4).
    (b) Performance and Registration Information System Management 
Grants.--
            (1) Subchapter I of chapter 311, as amended by this title, 
        is further amended by adding at the end the following:
``Sec. 31109. Performance and registration information system 
              management
    ``(a) In General.--From the funds authorized by section 222(c)(2) 
of the Motor Carrier Safety Reauthorization Act of 2003, the Secretary 
may make a grant in a fiscal year to a State to implement the 
performance and registration information system management requirements 
of section 31106(b).
    ``(b) Availability of Amounts.--Amounts made available to a State 
under section 222(c)(2) of the Motor Carrier Safety Reauthorization Act 
of 2003 to carry out this section shall remain available until 
expended.
    ``(c) Secretary's Approval.--Approval by the Secretary of a grant 
to a State under section 222(c)(2) of the Motor Carrier Safety 
Reauthorization Act of 2003 to carry out this section is a contractual 
obligation of the Government for payment of the amount of the grant.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        311 is amended by inserting after the item relating to section 
        31108 the following:

``31109. Performance and registration information system management.''.

SEC. 241. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
              DEPLOYMENT.

    (a) In General.--The Secretary shall carry out a commercial vehicle 
information systems and networks program to--
            (1) improve the safety and productivity of commercial 
        vehicles; and
            (2) reduce costs associated with commercial vehicle 
        operations and Federal and State commercial vehicle regulatory 
        requirements.
    (b) Purpose.--The program shall advance the technological 
capability and promote the deployment of intelligent transportation 
system applications for commercial vehicle operations, including 
commercial vehicle, commercial driver, and carrier-specific information 
systems and networks.
    (c) Core Deployment Grants.--
            (1) In general.--The Secretary shall make grants to 
        eligible States for the core deployment of commercial vehicle 
        information systems and networks.
            (2) Eligibility.--To be eligible for a core deployment 
        grant under this section, a State--
                    (A) shall have a commercial vehicle information 
                systems and networks program plan and a top level 
                system design approved by the Secretary;
                    (B) shall certify to the Secretary that its 
                commercial vehicle information systems and networks 
                deployment activities, including hardware procurement, 
                software and system development, and infrastructure 
                modifications, are consistent with the national 
                intelligent transportation systems and commercial 
                vehicle information systems and networks architectures 
                and available standards, and promote interoperability 
                and efficiency to the extent practicable; and
                    (C) shall agree to execute interoperability tests 
                developed by the Federal Motor Carrier Safety 
                Administration to verify that its systems conform with 
                the national intelligent transportation systems 
                architecture, applicable standards, and protocols for 
                commercial vehicle information systems and networks.
            (3) Amount of grants.--The maximum aggregate amount a State 
        may receive under this section for the core deployment of 
        commercial vehicle information systems and networks may not 
        exceed $2,500,000.
            (4) Use of funds.--Funds from a grant under this subsection 
        may only be used for the core deployment of commercial vehicle 
        information systems and networks. Eligible States that have 
        either completed the core deployment of commercial vehicle 
        information systems and networks or completed such deployment 
        before core deployment grant funds are expended may use the 
        remaining core deployment grant funds for the expanded 
        deployment of commercial vehicle information systems and 
        networks in their State.
    (d) Expanded Deployment Grants.--
            (1) In general.--For each fiscal year, from the funds 
        remaining after the Secretary has made core deployment grants 
        under subsection (c) of this section, the Secretary may make 
        grants to each eligible State, upon request, for the expanded 
        deployment of commercial vehicle information systems and 
        networks.
            (2) Eligibility.--Each State that has completed the core 
        deployment of commercial vehicle information systems and 
        networks is eligible for an expanded deployment grant.
            (3) Amount of grants.--Each fiscal year, the Secretary may 
        distribute funds available for expanded deployment grants 
        equally among the eligible States, but not to exceed $1,000,000 
        per State.
            (4) Use of funds.--A State may use funds from a grant under 
        this subsection only for the expanded deployment of commercial 
        vehicle information systems and networks.
    (e) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall not 
exceed 50 percent. The total Federal share of the cost of a project 
payable from all eligible sources shall not exceed 80 percent.
    (f) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated under section 222(c)(4) shall be 
available for obligation in the same manner and to the same extent as 
if such funds were apportioned under chapter 1 of title 23, United 
States Code, except that such funds shall remain available until 
expended.
    (g) Definitions.--In this section:
            (1) Commercial vehicle information systems and networks.--
        The term ``commercial vehicle information systems and 
        networks'' means the information systems and communications 
        networks that provide the capability to--
                    (A) improve the safety of commercial vehicle 
                operations;
                    (B) increase the efficiency of regulatory 
                inspection processes to reduce administrative burdens 
                by advancing technology to facilitate inspections and 
                increase the effectiveness of enforcement efforts;
                    (C) advance electronic processing of registration 
                information, driver licensing information, fuel tax 
                information, inspection and crash data, and other 
                safety information;
                    (D) enhance the safe passage of commercial vehicles 
                across the United States and across international 
                borders; and
                    (E) promote the communication of information among 
                the States and encourage multistate cooperation and 
                corridor development.
            (2) Commercial vehicle operations.--The term ``commercial 
        vehicle operations''--
                    (A) means motor carrier operations and motor 
                vehicle regulatory activities associated with the 
                commercial movement of goods, including hazardous 
                materials, and passengers; and
                    (B) with respect to the public sector, includes the 
                issuance of operating credentials, the administration 
                of motor vehicle and fuel taxes, and roadside safety 
                and border crossing inspection and regulatory 
                compliance operations.
            (3) Core deployment.--The term ``core deployment'' means 
        the deployment of systems in a State necessary to provide the 
        State with the following capabilities:
                    (A) Safety information exchange.--Safety 
                information exchange to--
                            (i) electronically collect and transmit 
                        commercial vehicle and driver inspection data 
                        at a majority of inspection sites;
                            (ii) connect to the Safety and Fitness 
                        Electronic Records system for access to 
                        interstate carrier and commercial vehicle data, 
                        summaries of past safety performance, and 
                        commercial vehicle credentials information; and
                            (iii) exchange carrier data and commercial 
                        vehicle safety and credentials information 
                        within the State and connect to Safety and 
                        Fitness Electronic Records for access to 
                        interstate carrier and commercial vehicle data.
                    (B) Interstate credentials administration.--
                Interstate credentials administration to--
                            (i) perform end-to-end processing, 
                        including carrier application, jurisdiction 
                        application processing, and credential 
                        issuance, of at least the International 
                        Registration Plan and International Fuel Tax 
                        Agreement credentials and extend this 
                        processing to other credentials, including 
                        intrastate, titling, oversize/overweight, 
                        carrier registration, and hazardous materials;
                            (ii) connect to the International 
                        Registration Plan and International Fuel Tax 
                        Agreement clearinghouses; and
                            (iii) have at least 10 percent of the 
                        transaction volume handled electronically, and 
                        have the capability to add more carriers and to 
                        extend to branch offices where applicable.
                    (C) Roadside screening.--Roadside electronic 
                screening to electronically screen transponder-equipped 
                commercial vehicles at a minimum of 1 fixed or mobile 
                inspection sites and to replicate this screening at 
                other sites.
            (4) Expanded deployment.--The term ``expanded deployment'' 
        means the deployment of systems in a State that exceed the 
        requirements of an core deployment of commercial vehicle 
        information systems and networks, improve safety and the 
        productivity of commercial vehicle operations, and enhance 
        transportation security.

SEC. 242. OUTREACH AND EDUCATION.

    (a) In General.--The Secretary of Transportation, through the 
National Highway Traffic Safety Administration and the Federal Motor 
Carrier Safety Administration, may undertake outreach and education 
initiatives, including the ``Share the Road Safely'' program, that may 
reduce the number of highway accidents, injuries, and fatalities 
involving commercial motor vehicles. The Secretary may not use funds 
authorized by this subtitle for the ``Safety Is Good Business'' 
program.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal year 2004 to carry out this 
section--
            (1) $250,000 for the Federal Motor Carrier Safety 
        Administration; and
            (2) $750,000 for the National Highway Traffic Safety 
        Administration.

SEC. 243. OPERATION OF RESTRICTED PROPERTY-CARRYING UNITS ON NATIONAL 
              HIGHWAY SYSTEM.

    (a) Restricted Property-Carrying Unit Defined.--Section 31111(a) is 
amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Restricted property-carrying unit.--The term 
        `restricted property-carrying unit' means any trailer, semi-
        trailer, container, or other property-carrying unit that is 
        longer than 53 feet.''.
    (b) Prohibition on Operation of Restricted Property-Carrying 
Units.--
            (1) In general.--Section 31111(b)(1)(C) is amended to read 
        as follows:
            ``(C) allows operation on any segment of the National 
        Highway System, including the Interstate System, of a 
        restricted property-carrying unit unless the operation is 
        specified on the list published under subsection (h);''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect 270 days after the date of enactment of this 
        subsection.
    (c) Limitations.--Section 31111 is amended by adding at the end the 
following:
    ``(h) Restricted Property-Carrying Units.--
            ``(1) Applicability of prohibition.--
                    ``(A) In general.--Notwithstanding subsection 
                (b)(1)(C), a restricted property-carrying unit may 
                continue to operate on a segment of the National 
                Highway System if the operation of such unit is 
                specified on the list published under paragraph (2).
                    ``(B) Applicability of state laws and 
                regulations.--All operations specified on the list 
                published under paragraph (2) shall continue to be 
                subject to all State statutes, regulations, limitations 
                and conditions, including routing-specific, commodity-
                specific, and configuration-specific designations and 
                all other restrictions, in force on June 1, 2003.
                    ``(C) Fire-fighting units.--Subsection (b)(1)(C) 
                shall not apply to the operation of a restricted 
                property-carrying unit that is used exclusively for 
                fire-fighting.
            ``(2) Listing of restricted property-carrying units.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this subsection, the Secretary 
                shall initiate a proceeding to determine and publish a 
                list of restricted property-carrying units that were 
                authorized by State officials pursuant to State statute 
                or regulation on June 1, 2003, and in actual and lawful 
                operation on a regular or periodic basis (including 
                seasonal operations) on or before June 1, 2003.
                    ``(B) Limitation.--A restricted property-carrying 
                unit may not be included on the list published under 
                subparagraph (A) on the basis that a State law or 
                regulation could have authorized the operation of the 
                unit at some prior date by permit or otherwise.
                    ``(C) Publication of final list.--Not later than 
                270 days after the date of enactment of this 
                subsection, the Secretary shall publish a final list of 
                restricted property-carrying units described in 
                subparagraph (A).
                    ``(D) Updates.--The Secretary shall update the list 
                published under subparagraph (C) as necessary to 
                reflect new designations made to the National Highway 
                System.
            ``(3) Applicability of prohibition.--The prohibition 
        established by subsection (b)(1)(C) shall apply to any new 
        designation made to the National Highway System and remain in 
        effect on those portions of the National Highway System that 
        cease to be designated as part of the National Highway System.
            ``(4) Limitation on statutory construction.--This 
        subsection does not prevent a State from further restricting in 
        any manner or prohibiting the operation of a restricted 
        property-carrying unit; except that such restrictions or 
        prohibitions shall be consistent with the requirements of this 
        section and sections 31112 through 31114.''.
    (d) Enforcement.--The second sentence of section 141(a) of title 
23, United States Code, is amended by striking ``section 31112'' and 
inserting ``sections 31111 and 31112''.

SEC. 244. OPERATION OF LONGER COMBINATION VEHICLES ON NATIONAL HIGHWAY 
              SYSTEM.

    (a) In General.--Section 31112 is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) National Highway System.--
            ``(1) General rule.--A State may not allow, on a segment of 
        the National Highway System that is not covered under 
        subsection (b) or (c), the operation of a commercial motor 
        vehicle combination (except a vehicle or load that cannot be 
        dismantled easily or divided easily and that has been issued a 
        special permit under applicable State law) with more than 1 
        property-carrying unit (not including the truck tractor) whose 
        property-carrying units are more than--
                    ``(A) the maximum combination trailer, semitrailer, 
                or other type of length limitation allowed by law or 
                regulation of that State on June 1, 2003; or
                    ``(B) the length of the property-carrying units of 
                those commercial motor vehicle combinations, by 
                specific configuration, in actual and lawful operation 
                on a regular or periodic basis (including continuing 
                seasonal operation) in that State on or before June 1, 
                2003.
            ``(2) Additional limitations.--
                    ``(A) Applicability of state restrictions.--A 
                commercial motor vehicle combination whose operation in 
                a State is not prohibited under paragraph (1) may 
                continue to operate in the State on highways described 
                in paragraph (1) only in compliance with all State 
                laws, regulations, limitations, and conditions, 
                including routing-specific and configuration-specific 
                designations and all other restrictions in force in the 
                State on June 1, 2003. Subject to regulations 
                prescribed by the Secretary under subsection (h), the 
                State may make minor adjustments of a temporary and 
                emergency nature to route designations and vehicle 
                operating restrictions in effect on June 1, 2003, for 
                specific safety purposes and road construction.
                    ``(B) Additional state restrictions.--This 
                subsection does not prevent a State from further 
                restricting in any manner or prohibiting the operation 
                of a commercial motor vehicle combination subject to 
                this section, except that such restrictions or 
                prohibitions shall be consistent with this section and 
                sections 31113(a), 31113(b), and 31114.
                    ``(C) Minor adjustments.--A State making a minor 
                adjustment of a temporary and emergency nature as 
                authorized by subparagraph (A) or further restricting 
                or prohibiting the operation of a commercial motor 
                vehicle combination as authorized by subparagraph (B) 
                shall advise the Secretary not later than 30 days after 
                the action. The Secretary shall publish a notice of the 
                action in the Federal Register.
            ``(3) List of state length limitations.--
                    ``(A) State submissions.--Not later than 60 days 
                after the date of enactment of the Motor Carrier Safety 
                Reauthorization Act of 2003, each State shall submit to 
                the Secretary for publication a complete list of State 
                length limitations applicable to commercial motor 
                vehicle combinations operating in the State on the 
                highways described in paragraph (1). The list shall 
                indicate the applicable State laws and regulations 
                associated with the length limitations. If a State does 
                not submit the information as required, the Secretary 
                shall complete and file the information for the State.
                    ``(B) Publication of interim list.--Not later than 
                90 days after the date of enactment of the Motor 
                Carrier Safety Reauthorization Act of 2003, the 
                Secretary shall publish an interim list in the Federal 
                Register consisting of all information submitted under 
                subparagraph (A). The Secretary shall review for 
                accuracy all information submitted by a State under 
                subparagraph (A) and shall solicit and consider public 
                comment on the accuracy of the information.
                    ``(C) Limitation.--A law or regulation may not be 
                included on the list submitted by a State or published 
                by the Secretary merely because it authorized, or could 
                have authorized, by permit or otherwise, the operation 
                of commercial motor vehicle combinations not in actual 
                operation on a regular or periodic basis on or before 
                June 1, 2003.
                    ``(D) Publication of final list.--Except as revised 
                under this subparagraph or subparagraph (E), the list 
                shall be published as final in the Federal Register not 
                later than 270 days after the date of enactment of the 
                Motor Carrier Safety Reauthorization Act of 2003. In 
                publishing the final list, the Secretary shall make any 
                revisions necessary to correct inaccuracies identified 
                under subparagraph (B). After publication of the final 
                list, commercial motor vehicle combinations prohibited 
                under paragraph (1) may not operate on a highway 
                described in paragraph (1) except as published on the 
                list.
                    ``(E) Inaccuracies.--On the Secretary's own motion 
                or on request by any person (including a State), the 
                Secretary shall review the list published under 
                subparagraph (D). If the Secretary decides there is 
                reason to believe a mistake was made in the accuracy of 
                the list, the Secretary shall begin a proceeding to 
                decide whether a mistake was made. If the Secretary 
                decides there was a mistake, the Secretary shall 
                publish the correction.''.
    (b) Conforming Amendments.--Section 31112 is amended--
            (1) by inserting ``126(e) or'' before ``127(d)'' in 
        subsection (g)(1) (as redesignated by subsection (a) of this 
        section);
            (2) by inserting ``(or June 1, 2003, with respect to 
        highways described in subsection (f)(1))'' after ``June 2, 
        1991'' in subsection (g)(3) (as redesignated by subsection (a) 
        of this section); and
            (3) by striking ``Not later than June 15, 1992, the 
        Secretary'' in subsection (h)(2) (as redesignated by subsection 
        (a) of this section) and inserting ``The Secretary''; and
            (4) by inserting ``or (f)'' in subsection (h)(2) (as 
        redesignated by subsection (a) of this section) after 
        ``subsection (d)''.

SEC. 245. APPLICATION OF SAFETY STANDARDS TO CERTAIN FOREIGN MOTOR 
              CARRIERS.

    (a) Application of Safety Standards.--Section 30112 is amended--
            (1) by striking ``person'' in subsection (a) and inserting 
        ``person, including a foreign motor carrier,''; and
            (2) by adding at the end the following:
    ``(c) Definitions.--In this section:
            ``(1) Foreign motor carrier.--The term `foreign motor 
        carrier' has the meaning given that term in section 13102 of 
        this title.
            ``(2) Import.--The term `import' means transport by any 
        means into the United States, on a permanent or temporary 
        basis, including the transportation of a motor vehicle into the 
        United States for the purpose of providing the transportation 
        of cargo or passengers.''.
    (b) Requirement for Certificate of Compliance.--Section 30115 is 
amended by adding at the end the following:
    ``(c) Application to Foreign Motor Carriers.--
            ``(1) In general.--The requirement for certification 
        described in subsection (a) shall apply to a foreign motor 
        carrier that imports a motor vehicle or motor vehicle equipment 
        into the United States. Such certification shall be made to the 
        Secretary of Transportation prior to the import of the vehicle 
        or equipment.
            ``(2) Definitions.--In this subsection:
                    ``(A) Foreign motor carrier.--The term `foreign 
                motor carrier' has the meaning given that term in 
                section 13102 of this title.
                    ``(B) Import.--The term `import' has the meaning 
                given that term in section 30112 of this title.''.
    (c) Time for Compliance.--The amendments made by sections (a) and 
(b) shall take effect on September 1, 2004.

SEC. 246. BACKGROUND CHECKS FOR MEXICAN AND CANADIAN DRIVERS HAULING 
              HAZARDOUS MATERIALS.

    (a) In General.--No commercial motor vehicle operator registered to 
operate in Mexico or Canada may operate a commercial motor vehicle 
transporting a hazardous material in commerce in the United States 
until the operator has undergone a background records check similar to 
the background records check required for commercial motor vehicle 
operators licensed in the United States to transport hazardous 
materials in commerce.
    (b) Definitions.--In this section:
            (1) Hazardous materials.--The term ``hazardous material'' 
        means any material determined by the Secretary of 
        Transportation to be a hazardous material for purposes of this 
        section.
            (2) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given that term by section 31101 of 
        title 49, United States Code.
    (c) Effective Date.--This section takes effect on April 1, 2004.

SEC. 247. EXEMPTION OF DRIVERS OF UTILITY SERVICE VEHICLES.

    Section 345 of the National Highway System Designation Act of 1995 
(49 U.S.C. 31136 note) is amended--
            (1) by striking paragraph (4) of subsection (a) and 
        inserting the following:
            ``(4) Drivers of utility service vehicles.--
                    ``(A) Inapplicability of federal regulations.--Such 
                regulations may not apply to a driver of a utility 
                service vehicle.
                    ``(B) Prohibition on state regulations.--A State, a 
                political subdivision of a State, an interstate agency, 
                or other entity consisting of 2 or more States, may not 
                enact or enforce any law, rule, regulation, or standard 
                that imposes requirements on a driver of a utility 
                service vehicle that are similar to the requirements 
                contained in such regulations.'';
            (2) by striking ``Nothing'' in subsection (b) and inserting 
        ``Except as provided in subsection (a)(4), nothing''; and
            (3) by striking ``paragraph (2)'' in the first sentence of 
        subsection (c) and inserting ``an exemption under paragraph (2) 
        or (4)''.

SEC. 248. OPERATION OF COMMERCIAL MOTOR VEHICLES TRANSPORTING 
              AGRICULTURAL COMMODITIES AND FARM SUPPLIES.

    (a) Exemption From Hours-of-Service Requirements.--
            (1) In general.--Section 345(c) of the National Highway 
        System Designation Act of 1995 (49 U.S.C. 31136 note), as 
        amended by section 247(3) of this Act, is amended by striking 
        ``paragraph (2) or (4)'' and inserting ``paragraph (1), (2), or 
        (4) of that subsection)''.
            (2) Applicability.--The exemption provided by section 
        345(a)(1) of the National Highway System Designation Act of 
        1995 (49 U.S.C. 31136 note) shall apply to a person 
        transporting agricultural commodities or farm supplies for 
        agricultural purposes under that section on and after the date 
        of enactment of this Act regardless of any action taken by the 
        Secretary of Transportation under section 345(c) of that Act 
        before the date of enactment of this Act.
    (b) Definition of Agricultural Commodity.--Section 345(e) of the 
National Highway System Designation Act of 1995 (49 U.S.C. 31136 note) 
is amended--
            (1) by redesignating paragraphs (3), (4), (5), and (6) as 
        paragraphs (5), (6), (4), and (7), respectively, and moving the 
        paragraphs so as to appear in numerical order; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Agricultural commodity.--The term `agricultural 
        commodity' has the meaning given the term in section 102 of the 
        Agricultural Trade Act of 1978 (7 U.S.C. 5602).''.

                Subtitle B--Unified Carrier Registration

SEC. 261. SHORT TITLE.

    This subtitle may be cited as the ``Unified Carrier Registration 
Act of 2003''.

SEC. 262. RELATIONSHIP TO OTHER LAWS.

    Except as provided in section 14504 of title 49, United States 
Code, and sections 14504a and 14506 of title 49, United States Code, as 
added by this subtitle, this subtitle is not intended to prohibit any 
State or any political subdivision of any State from enacting, 
imposing, or enforcing any law or regulation with respect to a motor 
carrier, motor private carrier, broker, freight forwarder, or leasing 
company that is not otherwise prohibited by law.

SEC. 263. INCLUSION OF MOTOR PRIVATE AND EXEMPT CARRIERS.

    (a) Persons Registered To Provide Transportation or Service as a 
Motor Carrier or Motor Private Carrier.--Section 13905 is amended by--
            (1) redesignating subsections (b), (c), (d), and (e) as 
        subsections (c), (d), (e), and (f), respectively; and
            (2) inserting after subsection (a) the following:
    ``(b) Person Registered With Secretary.--Any person having 
registered with the Secretary to provide transportation or service as a 
motor carrier or motor private carrier under this title, as in effect 
on January 1, 2002, but not having registered pursuant to section 
13902(a) of this title, shall be deemed, for purposes of this part, to 
be registered to provide such transportation or service for purposes of 
sections 13908 and 14504a of this title.''.
    (b) Security Requirement.--Section 13906(a) is amended by--
            (1) redesignating paragraphs (2) and (3) as paragraphs (3) 
        and (4), respectively; and
            (2) inserting the following:
            ``(2) Security requirement.--Not later than 120 days after 
        the date of enactment of the Unified Carrier Registration Act 
        of 2003, any person, other than a motor private carrier, 
        registered with the Secretary to provide transportation or 
        service as a motor carrier under section 13905(b) of this title 
        shall file with the Secretary a bond, insurance policy, or 
        other type of security approved by the Secretary, in an amount 
        not less than required by sections 31138 and 31139 of this 
        title.''.

SEC. 264. UNIFIED CARRIER REGISTRATION SYSTEM.

    (a) Section 13908 is amended to read as follows:
``Sec. 13908. Registration and other reforms
    ``(a) Establishment of Unified Carrier Registration System.--The 
Secretary, in cooperation with the States, representatives of the motor 
carrier, motor private carrier, freight forwarder and broker 
industries, and after notice and opportunity for public comment, shall 
issue within 1 year after the date of enactment of the Unified Carrier 
Registration Act of 2003 regulations to establish, an online, Federal 
registration system to be named the Unified Carrier Registration System 
to replace--
            ``(1) the current Department of Transportation 
        identification number system, the Single State Registration 
        System under section 14504 of this title;
            ``(2) the registration system contained in this chapter and 
        the financial responsibility information system under section 
        13906; and
            ``(3) the service of process agent systems under sections 
        503 and 13304 of this title.
    ``(b) Role as Clearinghouse and Depository of Information.--The 
Unified Carrier Registration System shall serve as a clearinghouse and 
depository of information on, and identification of, all foreign and 
domestic motor carriers, motor private carriers, brokers, and freight 
forwarders, and others required to register with the Department, 
including information with respect to a carrier's safety rating, 
compliance with required levels of financial responsibility, and 
compliance with the provisions of section 14504a of this title. The 
Secretary shall ensure that Federal agencies, States, representatives 
of the motor carrier industry, and the public have access to the 
Unified Carrier Registration System, including the records and 
information contained in the System.
    ``(c) Procedures for Correcting Information.--Not later than 60 
days after the effective date of this section, the Secretary shall 
prescribe regulations establishing procedures that enable a motor 
carrier to correct erroneous information contained in any part of the 
Unified Carrier Registration System.
    ``(d) Fee System.--The Secretary shall establish, under section 
9701 of title 31, a fee system for the Unified Carrier Registration 
System according to the following guidelines:
            ``(1) Registration and filing evidence of financial 
        responsibility.--The fee for new registrants shall as nearly as 
        possible cover the costs of processing the registration and 
        conducting the safety audit or examination, if required, but 
        shall not exceed $300.
            ``(2) Evidence of financial responsibility.--The fee for 
        filing evidence of financial responsibility pursuant to this 
        section shall not exceed $10 per filing. No fee shall be 
        charged for a filing for purposes of designating an agent for 
        service of process or the filing of other information relating 
        to financial responsibility.
            ``(3) Access and retrieval fees.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the fee system shall include a 
                nominal fee for the access to or retrieval of 
                information from the Unified Carrier Registration 
                System to cover the costs of operating and upgrading 
                the System, including the personnel costs incurred by 
                the Department and the costs of administration of the 
                Unified Carrier Registration Agreement.
                    ``(B) Exceptions.--There shall be no fee charged--
                            ``(i) to any agency of the Federal 
                        Government or a State government or any 
                        political subdivision of any such government 
                        for the access to or retrieval of information 
                        and data from the Unified Carrier Registration 
                        System for its own use; or
                            ``(ii) to any representative of a motor 
                        carrier, motor private carrier, leasing 
                        company, broker, or freight forwarder (as each 
                        is defined in section 14504a of this title) for 
                        the access to or retrieval of the individual 
                        information related to such entity from the 
                        Unified Carrier Registration System for the 
                        individual use of such entity.''.

SEC. 265. REGISTRATION OF MOTOR CARRIERS BY STATES.

    (a) Termination of Registration Provisions.--Section 14504 is 
amended by adding at the end the following:
    ``(d) Termination of Provisions.--Subsections (b) and (c) shall 
cease to be effective on the first January 1st occurring more than 12 
months after the date of enactment of the Unified Carrier Registration 
Act of 2003.''.
    (b) Unified Carrier Registration System Plan and Agreement.--
Chapter 145 is amended by inserting after section 14504 the following:
``Sec. 14504a. Unified carrier registration system plan and agreement
    ``(a) Definitions.--In this section and section 14506 of this 
title:
            ``(1) Commercial motor vehicle.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `commercial motor vehicle' 
                has the meaning given the term in section 31101 of this 
                title.
                    ``(B) Exception.--With respect to motor carriers 
                required to make any filing or pay any fee to a State 
                with respect to the motor carrier's authority or 
                insurance related to operation within such State, the 
                term `commercial motor vehicle' means any self-
                propelled vehicle used on the highway in commerce to 
                transport passengers or property for compensation 
                regardless of the gross vehicle weight rating of the 
                vehicle or the number of passengers transported by such 
                vehicle.
            ``(2) Base-state.--
                    ``(A) In general.--The term `Base-State' means, 
                with respect to the Unified Carrier Registration 
                Agreement, a State--
                            ``(i) that is in compliance with the 
                        requirements of subsection (e); and
                            ``(ii) in which the motor carrier, motor 
                        private carrier, broker, freight forwarder or 
                        leasing company maintains its principal place 
                        of business.
                    ``(B) Designation of base-state.--A motor carrier, 
                motor private carrier, broker, freight forwarder or 
                leasing company may designate another State in which it 
                maintains an office or operating facility as its Base-
                State in the event that--
                            ``(i) the State in which the motor carrier, 
                        motor private carrier, broker, freight 
                        forwarder or leasing company maintains its 
                        principal place of business is not in 
                        compliance with the requirements of subsection 
                        (e); or
                            ``(ii) the motor carrier, motor private 
                        carrier, broker, freight forwarder or leasing 
                        company does not have a principal place of 
                        business in the United States.
            ``(3) Intrastate fee.--The term `intrastate fee' means any 
        fee, tax, or other type of assessment, including per vehicle 
        fees and gross receipts taxes, imposed on a motor carrier or 
        motor private carrier for the renewal of the intrastate 
        authority or insurance filings of such carrier with a State.
            ``(4) Leasing company.--The term `leasing company' means a 
        lessor that is engaged in the business of leasing or renting 
        for compensation motor vehicles without drivers to a motor 
        carrier, motor private carrier, or freight forwarder.
            ``(5) Motor carrier.--The term `motor carrier' has the 
        meaning given the term in section 13102(12) of this title, but 
        shall include all carriers that are otherwise exempt from the 
        provisions of part B of this title pursuant to the provisions 
        of chapter 135 of this title or exemption actions by the former 
        Interstate Commerce Commission under this title.
            ``(6) Participating state.--The term `participating state' 
        means a State that has complied with the requirements of 
        subsection (e) of this section.
            ``(7) SSRS.--The term `SSRS' means the Single State 
        Registration System in effect on the date of enactment of the 
        Unified Carrier Registration Act of 2003.
            ``(8) Unified carrier registration agreement.--The terms 
        `Unified Carrier Registration Agreement' and `UCR Agreement' 
        mean the interstate agreement developed under the Unified 
        Carrier Registration Plan governing the collection and 
        distribution of registration and financial responsibility 
        information provided and fees paid by motor carriers, motor 
        private carriers, brokers, freight forwarders and leasing 
        companies pursuant to this section.
            ``(9) Unified carrier registration plan.--The terms 
        `Unified Carrier Registration Plan' and `UCR Plan' mean the 
        organization of State, Federal and industry representatives 
        responsible for developing, implementing and administering the 
        Unified Carrier Registration Agreement.
            ``(10) Vehicle registration.--The term `vehicle 
        registration' means the registration of any commercial motor 
        vehicle under the International Registration Plan or any other 
        registration law or regulation of a jurisdiction.
    ``(b) Applicability of Provisions to Freight Forwarders.--A freight 
forwarder that operates commercial motor vehicles and is not required 
to register as a carrier pursuant to section 13903(b) of this title 
shall be subject to the provisions of this section as if a motor 
carrier.
    ``(c) Unreasonable Burden.--For purposes of this section, it shall 
be considered an unreasonable burden upon interstate commerce for any 
State or any political subdivision of a State, or any political 
authority of 2 or more States--
            ``(1) to enact, impose, or enforce any requirement or 
        standards, or levy any fee or charge on any interstate motor 
        carrier or interstate motor private carrier in connection 
        with--
                    ``(A) the registration with the State of the 
                interstate operations of a motor carrier or motor 
                private carrier;
                    ``(B) the filing with the State of information 
                relating to the financial responsibility of a motor 
                carrier or motor private carrier pursuant to sections 
                31138 or 31139 of this title;
                    ``(C) the filing with the State of the name of the 
                local agent for service of process of a motor carrier 
                or motor private carrier pursuant to sections 503 or 
                13304 of this title; or
                    ``(D) the annual renewal of the intrastate 
                authority, or the insurance filings, of a motor carrier 
                or motor private carrier, or other intrastate filing 
                requirement necessary to operate within the State, if 
                the motor carrier or motor private carrier is--
                            ``(i) registered in compliance with section 
                        13902 or section 13905(b) of this title; and
                            ``(ii) in compliance with the laws and 
                        regulations of the State authorizing the 
                        carrier to operate in the State pursuant to 
                        section 14501(c)(2)(A) of this title
                except with respect to--
                                    ``(I) intrastate service provided 
                                by motor carriers of passengers that is 
                                not subject to the preemptive 
                                provisions of section 14501(a) of this 
                                title,
                                    ``(II) motor carriers of property, 
                                motor private carriers, brokers, or 
                                freight forwarders, or their services 
                                or operations, that are described in 
                                subparagraphs (B) and (C) of section 
                                14501(c)(2) and section 14506(c)(3) or 
                                permitted pursuant to section 14506(b) 
                                of this title, and
                                    ``(III) the intrastate 
                                transportation of waste or recycables 
                                by any carrier); or
            ``(2) to require any interstate motor carrier or motor 
        private carrier to pay any fee or tax, not proscribed by 
        paragraph (1)(D) of this subsection, that a motor carrier or 
        motor private carrier that pays a fee which is proscribed by 
        that paragraph is not required to pay.
    ``(d) Unified Carrier Registration Plan.--
            ``(1) Board of directors.--
                    ``(A) Governance of plan.--The Unified Carrier 
                Registration Plan shall be governed by a Board of 
                Directors consisting of representatives of the 
                Department of Transportation, Participating States, and 
                the motor carrier industry.
                    ``(B) Number.--The Board shall consist of 15 
                directors.
                    ``(C) Composition.--The Board shall be composed of 
                directors appointed as follows:
                            ``(i) Federal motor carrier safety 
                        administration.--The Secretary shall appoint 1 
                        director from each of the Federal Motor Carrier 
                        Safety Administration's 4 Service Areas (as 
                        those areas were defined by the Federal Motor 
                        Carrier Safety Administration on January 1, 
                        2003), from among the chief administrative 
                        officers of the State agencies responsible for 
                        overseeing the administration of the UCR 
                        Agreement.
                            ``(ii) State agencies.--The Secretary shall 
                        appoint 5 directors from the professional 
                        staffs of State agencies responsible for 
                        overseeing the administration of the UCR 
                        Agreement in their respective States. Nominees 
                        for these 5 directorships shall be submitted to 
                        the Secretary by the national association of 
                        professional employees of the State agencies 
                        responsible for overseeing the administration 
                        of the UCR Agreement in their respective 
                        States.
                            ``(iii) Motor carrier industry.--The 
                        Secretary shall appoint 5 directors from the 
                        motor carrier industry. At least 1 of the 
                        appointees shall be an employee of the national 
                        trade association representing the general 
                        motor carrier of property industry.
                            ``(iv) Department of transportation.--The 
                        Secretary shall appoint the Deputy 
                        Administrator of the Federal Motor Carrier 
                        Safety Administration, or such other 
                        presidential appointee from the United States 
                        Department of Transportation, as the Secretary 
                        may designate, to serve as a director.
                    ``(D) Chairperson and vice-chairperson.--The 
                Secretary shall designate 1 director as Chairperson and 
                1 director as Vice-Chairperson of the Board. The 
                Chairperson and Vice-Chairperson shall serve in such 
                capacity for the term of their appointment as 
                directors.
                    ``(E) Term.--In appointing the initial Board, the 
                Secretary shall designate 5 of the appointed directors 
                for initial terms of 3 years, 5 of the appointed 
                directors for initial terms of 2 years, and 5 of the 
                appointed directors for initial terms of 1 year. 
                Thereafter, all directors shall be appointed for terms 
                of 3 years, except that the term of the Deputy 
                Administrator or other individual designated by the 
                Secretary under subparagraph (C)(iv) shall be at the 
                discretion of the Secretary. A director may be 
                appointed to succeed himself or herself. A director may 
                continue to serve on the Board until his or her 
                successor is appointed.
            ``(2) Rules and regulations governing the ucr agreement.--
        The Board of Directors shall develop the rules and regulations 
        to govern the UCR Agreement and submit such rules and 
        regulations to the Secretary for approval and adoption. The 
        rules and regulations shall--
                    ``(A) prescribe uniform forms and formats, for--
                            ``(i) the annual submission of the 
                        information required by a Base-State of a motor 
                        carrier, motor private carrier, leasing 
                        company, broker, or freight forwarder;
                            ``(ii) the transmission of information by a 
                        Participating State to the Unified Carrier 
                        Registration System;
                            ``(iii) the payment of excess fees by a 
                        State to the designated depository and the 
                        distribution of fees by the depository to those 
                        States so entitled; and
                            ``(iv) the providing of notice by a motor 
                        carrier, motor private carrier, broker, freight 
                        forwarder, or leasing company to the Board of 
                        the intent of such entity to change its Base-
                        State, and the procedures for a State to object 
                        to such a change under subparagraph (C) of this 
                        paragraph;
                    ``(B) provide for the administration of the Unified 
                Carrier Registration Agreement, including procedures 
                for amending the Agreement and obtaining clarification 
                of any provision of the Agreement;
                    ``(C) provide procedures for dispute resolution 
                that provide due process for all involved parties; and
                    ``(D) designate a depository.
            ``(3) Compensation and expenses.--Except for the 
        representative of the Department of Transportation appointed 
        pursuant to paragraph 1(D), no director shall receive any 
        compensation or other benefits from the Federal Government for 
        serving on the Board or be considered a Federal employee as a 
        result of such service. All Directors shall be reimbursed for 
        expenses they incur attending duly called meetings of the 
        Board. In addition, the Board may approve the reimbursement of 
        expenses incurred by members of any subcommittee or task force 
        appointed pursuant to paragraph (5). The reimbursement of 
        expenses to directors and subcommittee and task force members 
        shall be based on the then applicable rules of the General 
        Service Administration governing reimbursement of expenses for 
        travel by Federal employees.
            ``(4) Meetings.--
                    ``(A) In general.--The Board shall meet at least 
                once per year. Additional meetings may be called, as 
                needed, by the Chairperson of the Board, a majority of 
                the directors, or the Secretary.
                    ``(B) Quorum.--A majority of directors shall 
                constitute a quorum.
                    ``(C) Voting.--Approval of any matter before the 
                Board shall require the approval of a majority of all 
                directors present at the meeting.
                    ``(D) Open meetings.--Meetings of the Board and any 
                subcommittees or task forces appointed pursuant to 
                paragraph (5) of this section shall be subject to the 
                provisions of section 552b of title 5.
            ``(5) Subcommittees.--
                    ``(A) Industry advisory subcommittee.--The 
                Chairperson shall appoint an Industry Advisory 
                Subcommittee. The Industry Advisory Subcommittee shall 
                consider any matter before the Board and make 
                recommendations to the Board.
                    ``(B) Other subcommittees.--The Chairperson shall 
                appoint an Audit Subcommittee, a Dispute Resolution 
                Subcommittee, and any additional subcommittees and task 
                forces that the Board determines to be necessary.
                    ``(C) Membership.--The chairperson of each 
                subcommittee shall be a director. The other members of 
                subcommittees and task forces may be directors or non-
                directors.
                    ``(D) Representation on subcommittees.--Except for 
                the Industry Advisory Subcommittee (the membership of 
                which shall consist solely of representatives of 
                entities subject to the fee requirements of subsection 
                (f) of this section), each subcommittee and task force 
                shall include representatives of the Federal Motor 
                Carrier Safety Administration, the Participating 
                States, and the motor carrier industry.
            ``(6) Delegation of authority.--The Board may contract with 
        any private commercial or non-profit entity or any agency of a 
        State to perform administrative functions required under the 
        Unified Carrier Registration Agreement, but may not delegate 
        its decision or policy-making responsibilities.
            ``(7) Determination of fees.--The Board shall determine the 
        annual fees to be assessed carriers, leasing companies, 
        brokers, and freight forwarders pursuant to the Unified Carrier 
        Registration Agreement. In determining the level of fees to be 
        assessed in the next Agreement year, the Board shall consider--
                    ``(A) the administrative costs associated with the 
                Unified Carrier Registration Plan and the Agreement;
                    ``(B) whether the revenues generated in the 
                previous year and any surplus or shortage from that or 
                prior years enable the Participating States to achieve 
                the revenue levels set by the Board; and
                    ``(C) the parameters for fees set forth in 
                subsection (f)(1).
            ``(8) Liability protections for directors.--No individual 
        appointed to serve on the Board shall be liable to any other 
        director or to any other party for harm, either economic or 
        non-economic, caused by an act or omission of the individual 
        arising from the individual's service on the Board if--
                    ``(A) the individual was acting within the scope of 
                his or her responsibilities as a director; and
                    ``(B) the harm was not caused by willful or 
                criminal misconduct, gross negligence, reckless 
                misconduct, or a conscious, flagrant indifference to 
                the right or safety of the party harmed by the 
                individual.
            ``(9) Inapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply to the Unified Carrier Registration Plan or its 
        committees.
            ``(10) Certain fees not affected.--This section does not 
        limit the amount of money a State may charge for vehicle 
registration or the amount of any fuel use tax a State may impose 
pursuant to the International Fuel Tax Agreement.
    ``(e) State Participation.--
            ``(1) State plan.--No State shall be eligible to 
        participate in the Unified Carrier Registration Plan or to 
        receive any revenues derived under the Agreement, unless the 
        State submits to the Secretary, not later than 3 years after 
        the date of enactment of the Unified Carrier Registration Act 
        of 2003, a plan--
                    ``(A) identifying the State agency that has or will 
                have the legal authority, resources, and qualified 
                personnel necessary to administer the Unified Carrier 
                Registration Agreement in accordance with the rules and 
                regulations promulgated by the Board of Directors of 
                the Unified Carrier Registration Plan; and
                    ``(B) containing assurances that an amount at least 
                equal to the revenue derived by the State from the 
                Unified Carrier Registration Agreement shall be used 
                for motor carrier safety programs, enforcement, and 
                financial responsibility, or the administration of the 
                UCR Plan and UCR Agreement.
            ``(2) Amended plans.--A State may change the agency 
        designated in the plan submitted under this subsection by 
        filing an amended plan with the Secretary and the Chairperson 
        of the Unified Carrier Registration Plan.
            ``(3) Withdrawal of plan.--In the event a State withdraws, 
        or notifies the Secretary that it is withdrawing, the plan 
        submitted under this subsection, the State may no longer 
        participate in the Unified Carrier Registration Agreement or 
        receive any portion of the revenues derived under the 
        Agreement.
            ``(4) Termination of eligibility.--If a State fails to 
        submit a plan to the Secretary as required by paragraph (1) or 
        withdraws its plan under paragraph (3), the State shall be 
        prohibited from subsequently submitting or resubmitting a plan 
        or participating in the Agreement.
            ``(5) Provision of plan to chairperson.--The Secretary 
        shall provide a copy of each plan submitted under this 
        subsection to the initial Chairperson of the Board of Directors 
        of the Unified Carrier Registration Plan not later than 90 days 
        of appointing the Chairperson.
    ``(f) Contents of Unified Carrier Registration Agreement.--The 
Unified Carrier Registration Agreement shall provide the following:
            ``(1) Determination of fees.--
                    ``(A) Fees charged motor carriers, motor private 
                carriers, or freight forwarders in connection with the 
                filing of proof of financial responsibility under the 
                UCR Agreement shall be based on the number of 
                commercial motor vehicles owned or operated by the 
                motor carrier, motor private carrier, or freight 
                forwarder. Brokers and leasing companies shall pay the 
                same fees as the smallest bracket of motor carriers, 
                motor private carriers, and freight forwarders.
                    ``(B) The fees shall be determined by the Board 
                with the approval of the Secretary.
                    ``(C) The Board shall develop no more than 6 and no 
                less than 4 ranges of carriers by size of fleet.
                    ``(D) The fee scale shall be progressive and use 
                different vehicle ratios for different ranges of 
                carrier fleet size.
                    ``(E) The Board may adjust the fees within a 
                reasonable range on an annual basis if the revenues 
                derived from the fees--
                            ``(i) are insufficient to provide the 
                        revenues to which the States are entitled under 
                        this section; or
                            ``(ii) exceed those revenues.
            ``(2) Determination of ownership or operation.--Commercial 
        motor vehicles owned or operated by a motor carrier, motor 
        private carrier, or freight forwarder shall mean those 
        commercial motor vehicles registered in the name of the motor 
        carrier, motor private carrier, or freight forwarder or 
        controlled by the motor carrier, motor private carrier, or 
        freight forwarder under a long term lease during a vehicle 
        registration year.
            ``(3) Calculation of number of commercial motor vehicles 
        owned or operated.--The number of commercial motor vehicles 
        owned or operated by a motor carrier, motor private carrier, or 
        freight forwarder for purposes of subsection (e)(1) shall be 
        based either on the number of commercial motor vehicles the 
        motor carrier, motor private carrier, or freight forwarder has 
        indicated it operates on its most recently filed MCS-150 or the 
        total number of such vehicles it owned or operated for the 12-
        month period ending on June 30 of the year immediately prior to 
        each registration year of the Unified Carrier Registration 
        System.
            ``(4) Payment of fees.--Motor carriers, motor private 
        carriers, leasing companies, brokers, and freight forwarders 
        shall pay all fees required under this section to their Base-
        State pursuant to the UCR Agreement.
    ``(g) Payment of Fees.--Revenues derived under the UCR Agreement 
shall be allocated to Participating States as follows:
            ``(1) A State that participated in the Single State 
        Registration System in the last calendar year ending before the 
        date of enactment of the Unified Carrier Registration Act of 
        2003 and complies with the requirements of subsection (e) of 
        this section is entitled to receive a portion of the UCR 
        Agreement revenues generated under the Agreement equivalent to 
        the revenues it received under the SSRS in the last calendar 
        year ending before the date of enactment of the Unified Carrier 
        Registration Act of 2003, as long as the State continues to 
        comply with the provisions of subsection (e).
            ``(2) A State that collected intrastate registration fees 
        from interstate motor carriers, interstate motor private 
        carriers, or interstate exempt carriers and complies with the 
requirements of subsection (e) of this section is entitled to receive 
an additional portion of the UCR Agreement revenues generated under the 
Agreement equivalent to the revenues it received from such interstate 
carriers in the last calendar year ending before the date of enactment 
of the Unified Carrier Registration Act of 2003, as long as the State 
continues to comply with the provisions of subsection (e).
            ``(3) States that comply with the requirements of 
        subsection (e) of this section but did not participate in SSRS 
        during the last calendar year ending before the date of 
        enactment of the Unified Carrier Registration Act of 2003 shall 
        be entitled to an annual allotment not to exceed $500,000 from 
        the UCR Agreement revenues generated under the Agreement as 
        long as the State continues to comply with the provisions of 
        subsection (e).
            ``(4) The amount of UCR Agreement revenues to which a State 
        is entitled under this section shall be calculated by the Board 
        and approved by the Secretary.
    ``(h) Distribution of UCR Agreement Revenues.--
            ``(1) Eligibility.--Each State that is in compliance with 
        the provisions of subsection (e) shall be entitled to a portion 
        of the revenues derived from the UCR Agreement in accordance 
        with subsection (g).
            ``(2) Entitlement to revenues.--A State that is in 
        compliance with the provisions of subsection (e) may retain an 
        amount of the gross revenues it collects from motor carriers, 
        motor private carriers, brokers, freight forwarders and leasing 
        companies under the UCR Agreement equivalent to the portion of 
        revenues to which the State is entitled under subsection (g). 
        All revenues a Participating State collects in excess of the 
        amount to which the State is so entitled shall be forwarded to 
        the depository designated by the Board under subsection 
        (d)(2)(D).
            ``(3) Distribution of funds from depository.--The excess 
        funds collected in the depository shall be distributed as 
        follows:
                    ``(A) Excess funds shall be distributed on a pro 
                rata basis to each Participating State that did not 
                collect revenues under the UCR Agreement equivalent to 
                the amount such State is entitled under subsection (g), 
                except that the sum of the gross UCR Agreement revenues 
                collected by a Participating State and the amount 
                distributed to it from the depository shall not exceed 
                the amount to which the State is entitled under 
                subsection (g).
                    ``(B) Any excess funds held by the depository after 
                all distributions under subparagraph (A) have been made 
                shall be used to pay the administrative costs of the 
                UCR Plan and the UCR Agreement.
                    ``(C) Any excess funds held by the depository after 
                distributions and payments under subparagraphs (A) and 
                (B) shall be retained in the depository, and the UCR 
                Agreement fees for motor carriers, motor private 
                carriers, leasing companies, freight forwarders, and 
                brokers for the next fee year shall be reduced by the 
                Board accordingly.
    ``(i) Enforcement.--
            ``(1) Civil actions.--Upon request by the Secretary of 
        Transportation, the Attorney General may bring a civil action 
        in a court of competent jurisdiction to enforce compliance with 
        this section and with the terms of the Unified Carrier 
        Registration Agreement.
            ``(2) Venue.--An action under this section may be brought 
        only in the Federal court sitting in the State in which an 
        order is required to enforce such compliance.
            ``(3) Relief.--Subject to section 1341 of title 28, the 
        court, on a proper showing--
                    ``(A) shall issue a temporary restraining order or 
                a preliminary or permanent injunction; and
                    ``(B) may issue an injunction requiring that the 
                State or any person comply with this section.
            ``(4) Enforcement by states.--Nothing in this section--
                    ``(A) prohibits a Participating State from issuing 
                citations and imposing reasonable fines and penalties 
                pursuant to applicable State laws and regulations on 
                any motor carrier, motor private carrier, freight 
                forwarder, broker, or leasing company for failure to--
                            ``(i) submit documents as required under 
                        subsection (d)(2); or
                            ``(ii) pay the fees required under 
                        subsection (f); or
                    ``(B) authorizes a State to require a motor 
                carrier, motor private carrier, or freight forwarder to 
                display as evidence of compliance any form of 
                identification in excess of those permitted under 
                section 14506 of this title on or in a commercial motor 
                vehicle.
    ``(j) Application to Intrastate Carriers.--Notwithstanding any 
other provision of this section, a State may elect to apply the 
provisions of the UCR Agreement to motor carriers and motor private 
carriers subject to its jurisdiction that operate solely in intrastate 
commerce within the borders of the State.''.

SEC. 266. IDENTIFICATION OF VEHICLES.

    Chapter 145 is amended by adding at the end the following:
``Sec. 14506. Identification of vehicles
    ``(a) Restriction on Requirements.--No State, political subdivision 
of a State, interstate agency, or other political agency of 2 or more 
States may enact or enforce any law, rule, regulation standard, or 
other provision having the force and effect of law that requires a 
motor carrier, motor private carrier, freight forwarder, or leasing 
company to display any form of identification on or in a commercial 
motor vehicle, other than forms of identification required by the 
Secretary of Transportation under section 390.21 of title 49, Code of 
Federal Regulations.
    ``(b) Exception.--Notwithstanding paragraph (a), a State may 
continue to require display of credentials that are required--
            ``(1) under the International Registration Plan under 
        section 31704 of this title;
            ``(2) under the International Fuel Tax Agreement under 
        section 31705 of this title;
            ``(3) in connection with Federal requirements for hazardous 
        materials transportation under section 5103 of this title; or
            ``(4) in connection with the Federal vehicle inspection 
        standards under section 31136 of this title.''.

SEC. 267. USE OF UCR AGREEMENT REVENUES AS MATCHING FUNDS.

    Section 31103(a) is amended by inserting ``Amounts generated by the 
Unified Carrier Registration Agreement, under section 14504a of this 
title and received by a State and used for motor carrier safety 
purposes may be included as part of the State's share not provided by 
the United States.'' after ``United States Government.''.

SEC. 268. CLERICAL AMENDMENTS.

    (a) Section 13906 Caption.--The section caption for section 13906 
is amended by inserting ``motor private carriers,'' after ``motor 
carriers,''.
    (b) Table of Contents.--The chapter analysis for chapter 139 is 
amended by striking the item relating to section 13906 and inserting 
the following:

``13906. Security of motor carriers, motor private carriers, brokers, 
                            and freight forwarders.''.

                   TITLE III--HOUSEHOLD GOODS MOVERS

SEC. 301. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE.

    (a) Short Title.--This title may be cited as the ``Household Goods 
Mover Oversight Enforcement and Reform Act of 2003''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
specifically provided, whenever in this title an amendment is expressed 
in terms of an amendment to a section or other provision of law, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 302. FINDINGS; SENSE OF CONGRESS.

    The Congress finds the following:
            (1) There are approximately 1,500,000 interstate household 
        moves every year. While the vast majority of these interstate 
        moves are completed successfully, consumer complaints have been 
        increasing since the Interstate Commerce Commission was 
        abolished in 1996 and oversight of the household goods industry 
        was transferred to the Department of Transportation.
            (2) While the overwhelming majority of household goods 
        carriers are honest and operate within the law, there appears 
        to be a growing criminal element that is exploiting a perceived 
        void in Federal and State enforcement efforts. The growing 
        criminal element tends to prey upon consumers.
            (3) The movement of an individual's household goods is 
        unique and differs from the movement of a commercial shipment. 
        A consumer may utilize a moving company once or twice in the 
        consumer's lifetime and entrust virtually all of the consumer's 
        worldly goods to a mover.
            (4) Federal resources are inadequate to properly police or 
        deter, on a nationwide basis, those movers who willfully 
        violate Federal regulations governing the household goods 
        industry and knowingly prey on consumers who are in a 
        vulnerable position. It is appropriate that a Federal-State 
        partnership be created to enhance enforcement against 
        fraudulent moving companies.

SEC. 303. DEFINITIONS.

    In this title, the terms ``carrier'', ``household goods'', ``motor 
carrier'', ``Secretary'', and ``transportation'' have the meaning given 
such terms in section 13102 of title 49, United States Code.

SEC. 304. PAYMENT OF RATES.

    Section 13707(b) is amended by adding at the end the following:
            ``(3) Shipments of household goods.--
                    ``(A) In general.--A carrier providing 
                transportation for a shipment of household goods shall 
                give up possession of the household goods transported 
                at the destination upon payment of--
                            ``(i) 100 percent of the charges contained 
                        in a binding estimate provided by the carrier;
                            ``(ii) not more than 110 percent of the 
                        charges contained in a nonbinding estimate 
                        provided by the carrier; or
                            ``(iii) in the case of a partial delivery 
                        of the shipment, the prorated percentage of the 
                        charges calculated in accordance with 
                        subparagraph (B).
                    ``(B) Calculation of prorated charges.--For 
                purposes of subparagraph (A)(iii), the prorated 
                percentage of the charges shall be the percentage of 
                the total charges due to the carrier as described in 
                clause (i) or (ii) of subparagraph (A) that is equal to 
                the percentage of the total units listed on the 
                inventory provided by the carrier under section 
                14104(d) of this title.''.

SEC. 305. HOUSEHOLD GOODS CARRIER OPERATIONS.

    Section 14104 is amended--
            (1) by striking paragraph (1) of subsection (b) and 
        inserting the following:
            ``(1) Requirement for written estimate.--A motor carrier 
        providing transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 shall provide to 
        a prospective shipper a written estimate of all charges related 
        to the transportation of the household goods, including charges 
        for--
                    ``(A) packing;
                    ``(B) unpacking;
                    ``(C) loading;
                    ``(D) unloading; and
                    ``(E) handling of the shipment from the point of 
                origin to the final destination (whether that 
                destination is storage or transit).'';
            (2) by redesignating paragraph (2) of such subsection as 
        paragraph (4); and
            (3) by inserting after paragraph (1), as amended by 
        paragraph (1), the following:
            ``(2) Other information.--At the time that a motor carrier 
        provides the written estimate required by paragraph (1), the 
        motor carrier shall provide the shipper a copy of the 
        Department of Transportation publication FMCSA-ESA-03-005 (or 
        its successor edition or publication) entitled `Ready to 
        Move?'. Before the execution of a contract for service, a motor 
        carrier shall provide the shipper a copy of the Department of 
        Transportation publication OCE 100, entitled `Your Rights and 
        Responsibilities When You Move' required by section 375.2 of 
        title 49, Code of Federal Regulations (or any corresponding 
        similar regulation).
            ``(3) Binding and nonbinding estimates.--The written 
        estimate required by paragraph (1) may be either binding or 
        nonbinding. If the written estimate is nonbinding, and is not 
        based on a visual inspection, the carrier shall, at the first 
        opportunity and prior to the execution of a contract for 
        service, conduct a visual inspection of the household goods to 
        be transported and provide a revised written estimate if the 
        estimated charges are different than the original estimate. The 
        Secretary may not prohibit any such carrier from charging a 
        prospective shipper for providing a written, binding estimate 
        for the transportation and related services.'';
            (4) by redesignating subsection (c) as subsection (e); and
            (5) by inserting after subsection (b), as amended by 
        paragraphs (1) and (2), the following:
    ``(c) Notification of Final Charges.--If the final charges for a 
shipment of household goods exceed 100 percent of a binding estimate or 
110 percent of a nonbinding estimate, the motor carrier shall provide 
the shipper an itemized statement of the charges. The statement shall 
be provided to the shipper within 24 hours prior to the delivery of the 
shipment unless the shipper waives this requirement. Such notification 
shall--
            ``(1) be delivered in writing at the motor carrier's 
        expense; and
            ``(2) disclose the requirements of section 13707(b)(3) of 
        this title regarding payment for delivery of a shipment of 
        household goods.
    ``(d) Requirement for Inventory.--A motor carrier providing 
transportation of a shipment of household goods, as defined in section 
13012(10)(A), that is subject to jurisdiction under subchapter I of 
chapter 135 of this title shall, at the time of loading the shipment, 
prepare a written inventory of all articles tendered and accepted by 
the motor carrier for transportation. Such inventory shall--
            ``(1) list or otherwise reasonably identify each item 
        tendered for transportation;
            ``(2) be signed by the shipper and the motor carrier, or 
        the agent of the shipper or carrier, at the time the shipment 
        is loaded and at the time the shipment is unloaded at the final 
        destination;
            ``(3) be attached to, and considered part of, the bill of 
        lading; and
            ``(4) be subject to the same requirements of the Secretary 
        for record inspection and preservation that apply to bills of 
        lading.''.

SEC. 306. LIABILITY OF CARRIERS UNDER RECEIPTS AND BILLS OF LADING.

    Section 14706(f) is amended--
            (1) by resetting the text as a paragraph indented 2 ems 
        from the left margin and inserting ``(1) In general.--'' before 
        ``A carrier''; and
            (2) by adding at the end, the following:
            ``(2) Full value protection obligation.--Unless the carrier 
        receives a waiver in writing under paragraph (3), a carrier's 
        maximum liability for household goods that are lost, damaged, 
        destroyed, or otherwise not delivered to the final destination 
        is an amount equal to the replacement value of such goods, 
        subject to a maximum amount equal to the declared value of the 
        shipment.
            ``(3) Application of rates.--The released rates established 
        by the Board under paragraph (1) (commonly known as `released 
        rates') shall not apply to the transportation of household 
        goods by a carrier unless the liability of the carrier for the 
        full value of such household goods under paragraph (2) is 
        waived in writing by the shipper.''.

SEC. 307. DISPUTE SETTLEMENT FOR SHIPMENTS OF HOUSEHOLD GOODS.

    (a) In General.--Section 14708(a) is amended--
            (1) by resetting the text as a paragraph indented 2 ems 
        from the left margin and inserting
            ``(1) Requirement to offer.--'' before ``As a condition''; 
        and
            (2) by striking ``shippers of household goods concerning 
        damage or loss to the household goods transported.'' and 
        inserting ``shippers. The carrier may not require the shipper 
        to agree to use arbitration as a means to settle such a 
        dispute.''; and
            (3) by inserting at the end, the following:
            ``(2) Requirements for carriers.--If a dispute with a 
        carrier providing transportation of household goods involves a 
        claim that is--
                    ``(A) not more than $5,000 and the shipper requests 
                arbitration, such arbitration shall be binding on the 
                parties; or
                    ``(B) for more than $5,000 and the shipper requests 
                arbitration, such arbitration shall be binding on the 
                parties only if the carrier agrees to arbitration.''.
    (b) Arbitration Requirements.--
            (1) In general.--Section 14708(b) is amended--
                    (A) by striking paragraph (4) and inserting the 
                following:
            ``(4) Independence of arbitrator.--The Secretary shall 
        establish a system for the certification of persons authorized 
        to arbitrate or otherwise settle a dispute between a shipper of 
        household goods and a carrier. The Secretary shall ensure that 
        each person so certified is--
                    ``(A) independent of the parties to the dispute;
                    ``(B) capable, as determined under such regulations 
                as the Secretary may issue, to resolve such disputes 
                fairly and expeditiously; and
                    ``(C) authorized and able to obtain from the 
                shipper or carrier any material and relevant 
                information to the extent necessary to carry out a fair 
                and expeditious decisionmaking process.'';
                    (B) by striking paragraph (6); and
                    (C) by redesignating paragraphs (7) and (8) as 
                paragraphs (6) and (7), respectively.
            (2) Conforming amendment.--Section 14708(d)(3)(A) is 
        amended by striking ``(b)(8)'' and inserting ``(b)(7)''.
    (c) Attorney's Fees to Carriers.--Section 14708(e) is further 
amended by striking ``only if'' and all that follows through the period 
at the end and inserting ``if--
            ``(1) the court proceeding is to enforce a decision 
        rendered in favor of the carrier through arbitration under this 
        section and is instituted after the shipper has a reasonable 
        opportunity to pay any charges required by such decision; or
            ``(2) the shipper brought such action in bad faith--
                    ``(A) after resolution of such dispute through 
                arbitration under this section; or
                    ``(B) after institution of an arbitration 
                proceeding by the shipper to resolve such dispute under 
                this section but before--
                            ``(i) the period provided under subsection 
                        (b)(7) for resolution of such dispute 
                        (including, if applicable, an extension of such 
                        period under such subsection) ends; and
                            ``(ii) a decision resolving such dispute is 
                        rendered.''.
    (d) Review and Report on Dispute Settlement Programs.--
            (1) Review and report.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary of Transportation 
        shall complete a review of the outcomes and the effectiveness 
        of the programs carried out under title 49, United States Code, 
        to settle disputes between motor carriers and shippers and 
        submit a report on the review to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and Infrastructure. 
        The report shall describe--
                    (A) the subject of, and amounts at issue is, the 
                disputes;
                    (B) patterns in disputes or settlements;
                    (C) the prevailing party in disputes, if 
                identifiable; and
                    (D) any other matters the Secretary considers 
                appropriate.
            (2) Requirement for public comment.--The Secretary shall 
        publish notice of the review required by paragraph (1) and 
        provide an opportunity for the public to submit comments on the 
        effectiveness of such programs. Notwithstanding any 
        confidentiality or non-disclosure provision in a settlement 
        agreement between a motor carrier and a shipper, it shall not 
        be a violation of that provision for a motor carrier or shipper 
        to submit a copy of the settlement agreement, or to provide 
        information included in the agreement, to the Secretary for use 
        in evaluating dispute settlement programs under this 
        subsection. Notwithstanding anything to the contrary in section 
        552 of title 5, United States Code, the Secretary may not post 
        on the Department of Transportation's electronic docket system, 
        or make available to any requester in paper or electronic 
        format, any information submitted to the Secretary by a motor 
        carrier or shipper under the preceding sentence. The Secretary 
        shall use the settlement agreements or other information 
        submitted by a motor carrier or shipper solely to evaluate the 
        effectiveness of dispute settlement programs and shall not 
        include in the report required by this subsection the names of, 
        or other identifying information concerning, motor carriers or 
        shippers that submitted comments or information under this 
        subsection.

SEC. 308. ENFORCEMENT OF REGULATIONS RELATED TO TRANSPORTATION OF 
              HOUSEHOLD GOODS.

    (a) Nonpreemption of Intrastate Transportation of Household 
Goods.--Section 14501(c)(2)(B) is amended by inserting ``intrastate'' 
before ``transportation''.
    (b) Enforcement of Federal Law With Respect to Interstate Household 
Goods Carriers.--
            (1) In general.--Chapter 147 is amended by adding at the 
        end the following:
``Sec. 14710. Enforcement of Federal laws and regulations with respect 
              to transportation of household goods
    ``(a) Enforcement by States.--Notwithstanding any other provision 
of this title, a State authority may enforce chapters 137, 147, and 
149, subchapter I of chapter 141, section 13907, and section 14124 of 
this title and regulations thereunder related to transportation of 
household goods in interstate commerce. Any fine or penalty imposed on 
a carrier in a proceeding under this subsection shall, notwithstanding 
any provision of law to the contrary, be paid to and retained by the 
State.
    ``(b) State Authority Defined.--The term `State authority' means an 
agency of a State that has authority under the laws of the State to 
regulate the intrastate movement of household goods.
``Sec. 14711. Enforcement by State attorneys general
    ``(a) In General.--A State, as parens patriae, may bring a civil 
action on behalf of its residents in an appropriate district court of 
the United States to enforce this part, or a regulation or order of the 
Secretary or Board, as applicable, or to impose the civil penalties 
authorized by this part or such regulation or order, whenever the 
attorney general of the State has reason to believe that the interests 
of the residents of the State have been or are being threatened or 
adversely affected by a carrier or broker providing transportation 
subject to jurisdiction under subchapter I or III of chapter 135 of 
this title, or a foreign motor carrier providing transportation 
registered under section 13902 of this title, that is engaged in 
household goods transportation that violates this part or a regulation 
or order of the Secretary or Board, as applicable.
    ``(b) Notice.--The State shall serve written notice to the 
Secretary or the Board, as the case may be, of any civil action under 
subsection (a) prior to initiating such civil action. The notice shall 
include a copy of the complaint to be filed to initiate such civil 
action, except that if it is not feasible for the State to provide such 
prior notice, the State shall provide such notice immediately upon 
instituting such civil action.
    ``(c) Authority To Intervene.--Upon receiving the notice required 
by subsection (b), the Secretary or Board may intervene in such civil 
action and upon intervening--
            ``(1) be heard on all matters arising in such civil action; 
        and
            ``(2) file petitions for appeal of a decision in such civil 
        action.
    ``(d) Construction.--For purposes of bringing any civil action 
under subsection (a), nothing in this section shall prevent the 
attorney general of a State from exercising the powers conferred on the 
attorney general by the laws of such State to conduct investigations or 
to administer oaths or affirmations or to compel the attendance of 
witnesses or the production of documentary and other evidence.
    ``(e) Venue; Service of Process.--In a civil action brought under 
subsection (a)--
            ``(1) the venue shall be a judicial district in which--
                    ``(A) the carrier, foreign motor carrier, or broker 
                operates;
                    ``(B) the carrier, foreign motor carrier, or broker 
                was authorized to provide transportation at the time 
                the complaint arose; or
                    ``(C) where the defendant in the civil action is 
                found;
            ``(2) process may be served without regard to the 
        territorial limits of the district or of the State in which the 
        civil action is instituted; and
            ``(3) a person who participated with a carrier or broker in 
        an alleged violation that is being litigated in the civil 
        action may be joined in the civil action without regard to the 
        residence of the person.
    ``(f) Enforcement of State Law.--Nothing contained in this section 
shall prohibit an authorized State official from proceeding in State 
court to enforce a criminal statute of such State.''.
            (2) Conforming amendment.--The analysis for chapter 147 is 
        amended by inserting after the item relating to section 14709 
        the following:

``14710. Enforcement of Federal laws and regulations with respect to 
                            transportation of household goods.
``14711. Enforcement by State attorneys general.''.

SEC. 309. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO 
              ENHANCE FEDERAL-STATE RELATIONS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall establish a working group of State 
attorneys general, State authorities that regulate the movement of 
household goods, and Federal and local law enforcement officials for 
the purpose of developing practices and procedures to enhance the 
Federal-State partnership in enforcement efforts, exchange of 
information, and coordination of enforcement efforts with respect to 
interstate transportation of household goods and making legislative and 
regulatory recommendations to the Secretary concerning such enforcement 
efforts.
    (b) Consultation.--In carrying out subsection (a), the working 
group shall consult with industries involved in the transportation of 
household goods, the public, and other interested parties.

SEC. 310. CONSUMER HANDBOOK ON DOT WEBSITE.

    Within 6 months after the date of enactment of this Act, the 
Secretary shall take such action as may be necessary to ensure that the 
Department of Transportation publication OCE 100, entitled ``Your 
Rights and Responsibilities When You Move'' required by section 375.2 
of title 49, Code of Federal Regulations (or any corresponding similar 
regulation), is prominently displayed, and available in language that 
is readily understandable by the general public, on the website of the 
Department of Transportation.

SEC. 311. INFORMATION ABOUT HOUSEHOLD GOODS TRANSPORTATION ON CARRIERS' 
              WEBSITES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall modify the regulations contained in part 375 of title 
49, Code of Federal Regulations, to require a motor carrier or broker 
that is subject to such regulations and that establishes and maintains 
a website to prominently display on the website--
            (1) the number assigned to the motor carrier or broker by 
        the Department of Transportation;
            (2) the OCE 100 publication referred to in section 310; and
            (3) in the case of a broker, a list of all motor carriers 
        providing transportation of household goods used by the broker 
        and a statement that the broker is not a motor carrier 
providing transportation of household goods.

SEC. 312. CONSUMER COMPLAINTS.

    (a) Requirement for Database.--Subchapter II of chapter 141 is 
amended by adding at the end the following:
``Sec. 14124. Consumer complaints
    ``(a) Establishment of System and Database.--The Secretary shall--
            ``(1) establish a system to--
                    ``(A) file and log a complaint made by a shipper 
                that relates to motor carrier transportation of 
                household goods; and
                    ``(B) to compile any complaint information gathered 
                by a State with regard to such transportation;
            ``(2) establish a database of such complaints; and
            ``(3) develop a procedure--
                    ``(A) to provide the public access to the database;
                    ``(B) to forward a complaint, including the motor 
                carrier bill of lading number related to the complaint 
                to a motor carrier named in such complaint and to an 
                appropriate State authority (as defined in section 
                14710(c));
                    ``(C) to permit a motor carrier to challenge 
                information in the database; and
                    ``(D) to provide, for motor carriers included in 
                the database, the percentage of such complaints that 
                are disputed by each such motor carrier.
    ``(b) Requirement for Annual Reports.--The Secretary shall issue 
regulations requiring a motor carrier that provides transportation of 
household goods to submit to the Secretary, not later than March 31st 
of each year, an annual report covering the 12-month period ending on 
the preceding March 31st that includes--
            ``(1) the number of shipments of household goods that the 
        motor carrier received from shippers and that were delivered to 
        a final destination during the preceding calendar year;
            ``(2) the number and general category of complaints lodged 
        against the motor carrier during the preceding calendar year;
            ``(3) the number of shipments described in paragraph (1) 
        that resulted in the filing of a claim against the motor 
        carrier for loss or damage to the shipment for an amount in 
        excess of $500 during the preceding calendar year broken down 
        by--
                    ``(A) the number of claims filed by shippers 
                relocated under a contract between the motor carrier 
                and shippers' employers; and
                    ``(B) the number of claims filed by other shippers; 
                and
            ``(4) the number of shipments described in paragraph (3) 
        that were--
                    ``(A) resolved during the preceding calendar year; 
                or
                    ``(B) pending on the last day of the preceding 
                calendar year.''.
    (b) Conforming Amendment.--The analysis for chapter 141 is amended 
by inserting after the item relating to section 14123 the following:

``14124. Consumer complaints.''.

SEC. 313. REVIEW OF LIABILITY OF CARRIERS.

    (a) Review.--Not later than 1 year after the date of enactment of 
this Act, the Surface Transportation Board shall complete a review of 
the current Federal regulations regarding the level of liability 
protection provided by motor carriers that provide transportation of 
household goods and revise such regulations, if necessary, to provide 
enhanced protection in the case of loss or damage.
    (b) Determinations.--The review required by subsection (a) shall 
include a determination of--
            (1) whether the current regulations provide adequate 
        protection;
            (2) the benefits of purchase by a shipper of insurance to 
        supplement the carrier's limitations on liability;
            (3) whether there are abuses of the current regulations 
        that leave the shipper unprotected in the event of loss and 
        damage to a shipment of household goods; and
            (4) whether the section 14706 of title 49, United States 
        Code, should be modified or repealed.

SEC. 314. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS.

    Section 14901(d) is amended--
            (1) by resetting the text as a paragraph indented 2 ems 
        from the left margin and inserting ``(1) In general.--'' before 
        ``If a carrier''; and
            (2) by adding at the end the following:
            ``(2) Estimate of broker without carrier agreement.--If a 
        broker for transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 of this title 
        makes an estimate of the cost of transporting any such goods 
        before entering into an agreement with a carrier to provide 
        transportation of household goods subject to such jurisdiction, 
        the broker is liable to the United States for a civil penalty 
        of not less than $10,000 for each violation.
            ``(3) Unauthorized transportation.--If a person provides 
        transportation of household goods subject to jurisdiction under 
        subchapter I of chapter 135 of this title or provides broker 
        services for such transportation without being registered under 
        chapter 139 of this title to provide such transportation or 
        services as a motor carrier or broker, as the case may be, such 
        person is liable to the United States for a civil penalty of 
        not less than $25,000 for each violation.''.

SEC. 315. CIVIL AND CRIMINAL PENALTY FOR FAILING TO GIVE UP POSSESSION 
              OF HOUSEHOLD GOODS.

    (a) In General.--Chapter 149 is amended by adding at the end the 
following:
``Sec. 14915. Penalties for failure to give up possession of household 
              goods
    ``(a) Civil Penalty.--Whoever is found to have failed to give up 
possession of household goods is liable to the United States for a 
civil penalty of not less than $10,000. Each day a carrier is found to 
have failed to give up possession of household goods may constitute a 
separate violation. If such person is a carrier or broker, the 
Secretary may suspend for a period of not less than 6 months the 
registration of such carrier or broker under chapter 139 of this title.
    ``(b) Criminal Penalty.--Whoever has been convicted of having 
failed to give up possession of household goods shall be fined under 
title 18 or imprisoned for not more than 2 years, or both.
    ``(c) Failure To Give Up Possession of Household Goods Defined.--
For purposes of this section, the term `failed to give up possession of 
household goods' means the knowing and willful failure of a motor 
carrier to deliver to, or unload at, the destination of a shipment of 
household goods that is subject to jurisdiction under subchapter I or 
III of chapter 135 of this title, for which charges have been estimated 
by the motor carrier providing transportation of such goods, and for 
which the shipper has tendered a payment described in clause (i), (ii), 
or (iii) of section 13707(b)(3)(A) of this title.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``14915. Penalties for failure to give up possession of household 
                            goods.''.

SEC. 316. PROGRESS REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall transmit to Congress a report on the progress being 
made in implementing the provisions of this title.

    TITLE IV--HAZARDOUS MATERIALS TRANSPORTATION SAFETY AND SECURITY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Hazardous Material Transportation 
Safety and Security Reauthorization Act of 2003''.

SEC. 402. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or 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.

    Subtitle A--General Authorities on Transportation of Hazardous 
                               Materials

SEC. 421. PURPOSE.

    The text of section 5101 is amended to read as follows:
    ``The purpose of this chapter is to protect against the risks to 
life, property, and the environment that are inherent in the 
transportation of hazardous material in intrastate, interstate, and 
foreign commerce.''.

SEC. 422. DEFINITIONS.

    Section 5102 is amended as follows:
            (1) Commerce.--Paragraph (1) is amended--
                    (A) by striking ``or'' after the semicolon in 
                subparagraph (A);
                    (B) by striking the ``State.'' in subparagraph (B) 
                and inserting ``State; or''; and
                    (C) by adding at the end the following:
                    ``(C) on a United States-registered aircraft.''.
            (2) Hazmat employee.--Paragraph (3) is amended to read as 
        follows:
            ``(3) `hazmat employee' means an individual--
                    ``(A) who--
                            ``(i) is employed or used by a hazmat 
                        employer; or
                            ``(ii) is self-employed, including an 
                        owner-operator of a motor vehicle, vessel, or 
                        aircraft, transporting hazardous material in 
                        commerce; and
                    ``(B) who performs a function regulated by the 
                Secretary under section 5103(b)(1) of this title.''.
            (3) Hazmat employer.--Paragraph (4) is amended to read as 
        follows:
            ``(4) `hazmat employer' means a person--
                    ``(A) who--
                            ``(i) employs or uses at least 1 hazmat 
                        employee; or
                            ``(ii) is self-employed, including an 
                        owner-operator of a motor vehicle, vessel, or 
                        aircraft, transporting hazardous material in 
                        commerce; and
                    ``(B) who performs, or employs or uses at least 1 
                hazmat employee to perform, a function regulated by the 
                Secretary under section 5103(b)(1) of this title.''.
            (4) Imminent hazard.--Paragraph (5) is amended by inserting 
        ``relating to hazardous material'' after ``of a condition''.
            (5) Motor carrier.--Paragraph (7) is amended to read as 
        follows:
            ``(7) `motor carrier'--
                    ``(A) means a motor carrier, motor private carrier, 
                and freight forwarder as those terms are defined in 
                section 13102 of this title; but
                    ``(B) does not include a freight forwarder, as so 
                defined, if the freight forwarder is not performing a 
                function relating to highway transportation.''.
            (6) National response team.--Paragraph (8) is amended--
                    (A) by striking ``national response team'' both 
                places it appears and inserting ``National Response 
                Team''; and
                    (B) by striking ``national contingency plan'' and 
                inserting ``National Contingency Plan''.
            (7) Person.--Paragraph (9)(A) is amended by striking 
        ``offering'' and all that follows and inserting ``that--
                            ``(i) offers hazardous material for 
                        transportation in commerce;
                            ``(ii) transports hazardous material to 
                        further a commercial enterprise; or
                            ``(iii) manufactures, designs, inspects, 
                        tests, reconditions, marks, or repairs a 
                        packaging or packaging component that is 
                        represented as qualified for use in 
                        transporting hazardous material in commerce; 
                        but''.
            (8) Secretary of transportation.--Section 5101 is further 
        amended--
                    (A) by redesignating paragraphs (11), (12), and 
                (13), as paragraphs (12), (13), and (14), respectively; 
                and
                    (B) by inserting after paragraph (10) the 
                following:
            ``(11) `Secretary' means the Secretary of Transportation 
        except as otherwise provided.''.

SEC. 423. GENERAL REGULATORY AUTHORITY.

    (a) Reference to Secretary of Transportation.--Section 5103(a) is 
amended by striking ``of Transportation''.
    (b) Designating Material as Hazardous.--Section 5103(a) is further 
amended--
            (1) by striking ``etiologic agent'' and all that follows 
        through ``corrosive material,'' and inserting ``infectious 
        substance, flammable or combustible liquid, solid, or gas, 
        toxic, oxidizing, or corrosive material,''; and
            (2) by striking ``decides'' and inserting ``determines''.
    (c) Regulations for Safe Transportation.--Section 5103(b)(1)(A) is 
amended to read as follows:
                    ``(A) apply to a person who--
                            ``(i) transports hazardous material in 
                        commerce;
                            ``(ii) causes hazardous material to be 
                        transported in commerce;
                            ``(iii) manufactures, designs, inspects, 
                        tests, reconditions, marks, or repairs a 
                        packaging or packaging component that is 
                        represented as qualified for use in 
                        transporting hazardous material in commerce;
                            ``(iv) prepares or accepts hazardous 
                        material for transportation in commerce;
                            ``(v) is responsible for the safety of 
                        transporting hazardous material in commerce;
                            ``(vi) certifies compliance with any 
                        requirement under this chapter;
                            ``(vii) misrepresents whether such person 
                        is engaged in any activity under clause (i) 
                        through (vi) of this subparagraph; or
                            ``(viii) performs any other act or function 
                        relating to the transportation of hazardous 
                        material in commerce; and''.
    (d) Technical Amendment Regarding Consultation.--Section 5103 is 
amended--
            (1) by striking subsection (b)(1)(C); and
            (2) by adding at the end the following:
    ``(c) Consultation.--When prescribing a security regulation or 
issuing a security order that affects the safety of the transportation 
of hazardous material, the Secretary of Homeland Security shall consult 
with the Secretary of Transportation.''.

SEC. 424. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

    (a) Reference to Secretary of Transportation.--Section 5103a is 
amended by striking ``of Transportation'' each place it appears in 
subsections (a)(1), (c)(1)(B), and (d) and inserting ``of Homeland 
Security''.
    (b) Covered Hazardous Materials.--Section 5103a(b) is amended by 
striking ``with respect to--'' and all that follows and inserting 
``with respect to any material defined as hazardous material by the 
Secretary for which the Secretary requires placarding of a commercial 
motor vehicle transporting that material in commerce.''.
    (c) Recommendations on Chemical or Biological Materials.--Section 
5103a is further amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Recommendations on Chemical and Biological Materials.--The 
Secretary of Health and Human Services shall recommend to the Secretary 
any chemical or biological material or agent for regulation as a 
hazardous material under section 5103(a) of this title if the Secretary 
of Health and Human Services determines that such material or agent is 
a threat to the national security of the United States.''.
    (d) Conforming Amendment.--Section 5103a(a)(1) is amended by 
striking ``subsection (c)(1)(B),'' and inserting ``subsection 
(d)(1)(B),''.

SEC. 425. REPRESENTATION AND TAMPERING.

    (a) Representation.--Section 5104(a) is amended--
            (1) by striking ``a container,'' and all that follows 
        through ``packaging) for'' and inserting ``a package, component 
        of a package, or packaging for''; and
            (2) by striking ``the container'' and all that follows 
        through ``packaging) meets'' and inserting ``the package, 
        component of a package, or packaging meets''.
    (b) Tampering.--Section 5104(b) is amended--
            (1) by inserting ``, without authorization from the owner 
        or custodian,'' after ``may not'';
            (2) by striking ``unlawfully''; and
            (3) by inserting ``component of a package, or packaging,'' 
        after ``package,'' in paragraph (2).

SEC. 426. TRANSPORTING CERTAIN HIGHLY RADIOACTIVE MATERIAL.

    (a) Repeal of Routes and Modes Study.--Section 5105 is amended by 
striking subsection (d).
    (b) Repeal of Requirement for Inspections of Certain Motor 
Vehicles.--Section 5105 is amended by striking subsection (e).

SEC. 427. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND GRANTS.

    (a) Reference to Secretary of Transportation.--Section 5107 is 
amended by striking ``of Transportation'' each place it appears in 
subsections (a), (b), (c) (other than in paragraph (1)), (d), and (f).
    (b) Training Grants.--Section 5107(e) is amended--
            (1) by striking ``section 5127(c)(3)'' and inserting 
        ``section 5128(b)(1) of this title'';
            (2) by inserting ``and, to the extent determined 
        appropriate by the Secretary, grants for such instructors to 
        train hazmat employees'' after ``employees'' in the first 
        sentence thereof.

SEC. 428. REGISTRATION.

    (a) Reference to Secretary of Transportation.--Section 5108 is 
amended by striking ``of Transportation'' each place it appears in 
subsections (a), (b) (other than following ``Department''), (d), (e), 
(f), (g), (h), and (i).
    (b) Persons Required To File.--
            (1) Requirement to file.--Section 5108(a)(1)(B) is amended 
        by striking ``class A or B explosive'' and inserting ``Division 
        1.1, 1.2, or 1.3 explosive material''.
            (2) Authority to require to file.--Section 5108(a)(2)(B) is 
        amended to read as follows:
            ``(B) a person manufacturing, designing, inspecting, 
        testing, reconditioning, marking, or repairing a package or 
        packaging component that is represented as qualified for use in 
        transporting hazardous material in commerce.''.
            (3) No transportation without filing.--Section 5108(a)(3) 
        is amended by striking ``fabricate,'' and all that follows 
        through ``package or'' and inserting ``design, inspect, test, 
        recondition, mark, or repair a package, packaging component, 
        or''.
    (c) Form and Content of Filings.--Section 5108(b)(1)(C) by striking 
``the activity.'' and inserting ``any of the activities.''.
    (d) Filing.--Section 5108(c) is amended to read as follows:
    ``(c) Filing.--Each person required to file a registration 
statement under subsection (a) of this section shall file the statement 
in accordance with regulations prescribed by the Secretary.''.
    (e) Fees.--Section 5108(g)(1) is amended by striking ``may 
establish,'' and inserting ``shall establish,''.
    (f) Relationship to Other Laws.--Section 5108(i)(2)(B) is amended 
by inserting ``an Indian tribe,'' after ``subdivision of a State,''.
    (g) Registration and Annual Fees.--
            (1) Reduction in cap.--Section 5108(g)(2)(A) is amended by 
        striking ``$5,000'' and inserting ``$2,000''.
            (2) Rulemaking.--Any rule, regulation, or order issued by 
        the Secretary of Transportation under which the assessment, 
        payment, or collection of fees under section 5108(g) of title 
        49, United States Code, was suspended or terminated before the 
        date of enactment of this Act is declared null and void 
        effective 30 days after such date of enactment. Beginning on 
        the 31st day after such date of enactment, the fee schedule 
        established by the Secretary and set forth at 65 Federal 
        Register 7297 (as modified by the rule set forth at 67 Federal 
        Register 58343) shall take effect and apply until such time as 
        it may be modified by a rulemaking proceeding.
            (3) Planning and training grants.--Notwithstanding any 
        other provision of law to the contrary, including any 
        limitation on the amount of grants authorized by section 5116 
        of title 49, United States Code, not contained in that section, 
        the Secretary shall make grants under that section from the 
        account established under section 5116(i) to reduce the balance 
        in that account over the 6 fiscal year period beginning with 
        fiscal year 2004, but in no fiscal year shall the grants 
        distributed exceed the level authorized by section 5116 of 
        title 49, United States Code.

SEC. 429. SHIPPING PAPERS AND DISCLOSURE.

    (a) Reference to Secretary of Transportation.--Section 5110(a) is 
amended by striking ``of Transportation''.
    (b) Disclosure Considerations and Requirements.--Section 5110 is 
amended--
            (1) by striking ``under subsection (b) of this section.'' 
        in subsection (a) and inserting ``in regulations.'';
            (2) by striking subsection (b); and
            (3) by redesignating subsections (c), (d), and (e) as 
        subsections (b), (c), and (d), respectively.
    (c) Retention of Papers.--The first sentence of section 5110(d), as 
redesignated by subsection (b)(3) of this section, is amended to read 
as follows: ``The person who provides the shipping paper, and the 
carrier required to keep it, under this section shall retain the paper, 
or an electronic format of it, for a period of 3 years after the date 
the shipping paper is provided to the carrier, with the paper and 
format to be accessible through their respective principal places of 
business.''.

SEC. 430. RAIL TANK CARS.

    (a) Repeal of Requirements.--Section 5111 is repealed.
    (b) Clerical Amendment.--The chapter analysis for chapter 51 is 
amended by striking the item relating to section 5111.

SEC. 431. HIGHWAY ROUTING OF HAZARDOUS MATERIAL.

    The second sentence of section 5112(a)(1) is amended by striking 
``However, the Secretary of Transportation'' and inserting ``The 
Secretary''.

SEC. 432. UNSATISFACTORY SAFETY RATINGS.

    (a) In General.--The text of section 5113 is amended to read as 
follows:
    ``A violation of section 31144(c)(3) of this title shall be 
considered a violation of this chapter, and shall be subject to the 
penalties in sections 5123 and 5124 of this title.''.
    (b) Conforming Amendments.--The first subsection (c) of section 
31144 is amended--
            (1) by striking ``sections 521(b)(5)(A) and 5113'' in 
        paragraph (1) and inserting ``section 521(b)(5)(A) of this 
        title''; and
            (2) by adding at the end of paragraph (3) ``A violation of 
        this paragraph by an owner or operator transporting hazardous 
        material shall be considered a violation of chapter 51 of this 
        title, and shall be subject to the penalties in sections 5123 
        and 5124 of this title.''.

SEC. 433. AIR TRANSPORTATION OF IONIZING RADIATION MATERIAL.

    Section 5114(b) is amended by striking ``of Transportation''.

SEC. 434. TRAINING CURRICULUM FOR THE PUBLIC SECTOR.

    (a) In General.--Section 5115(a) is amended to read as follows:
    ``(a) In General.--In coordination with the Director of the Federal 
Emergency Management Agency, the Chairman of the Nuclear Regulatory 
Commission, the Administrator of the Environmental Protection Agency, 
the Secretaries of Labor, Energy, and Health and Human Services, and 
the Director of the National Institute of Environmental Health 
Sciences, and using existing coordinating mechanisms of the National 
Response Team and, for radioactive material, the Federal Radiological 
Preparedness Coordinating Committee, the Secretary shall maintain a 
current curriculum of lists of courses necessary to train public sector 
emergency response and preparedness teams in matters relating to the 
transportation of hazardous material.''.
    (b) Requirements.--Section 5115(b) is amended--
            (1) by striking ``developed'' in the matter preceding 
        paragraph (1) and inserting ``maintained''; and
            (2) by striking ``under other United States Government 
        grant programs'' in paragraph (1)(C) and all that follows and 
        inserting ``with Federal assistance; and''.
    (c) Training on Compliance With Legal Requirements.--Section 
5115(c)(3) is amended by striking ``Association.'' and inserting 
``Association or by any other voluntary organization establishing 
consensus-based standards that the Secretary considers appropriate.''.
    (d) Distribution and Publication.--Section 5115(d) is amended--
            (1) by striking ``national response team--'' and inserting 
        ``National Response Team--''; and
            (2) by striking ``publish a list'' in paragraph (2) and all 
        that follows and inserting ``publish and distribute the list of 
        courses maintained under this section, and of any programs 
        utilizing such courses.''.

SEC. 435. PLANNING AND TRAINING GRANTS; EMERGENCY PREPAREDNESS FUND.

    (a) Reference to Secretary of Transportation.--Section 5116 is 
amended by striking ``of Transportation'' each place it appears in 
subsections (a), (b), (c), (d), (g), and (i).
    (b) Government Share of Costs.--Section 5116(e) is amended by 
striking the second sentence.
    (c) Monitoring and Technical Assistance.--Section 5116(f) is 
amended by striking ``national response team'' and inserting ``National 
Response Team''.
    (d) Delegation of Authority.--Section 5116(g) is amended by 
striking ``Government grant programs'' and inserting ``Federal 
financial assistance programs''.
    (e) Emergency Preparedness Fund.--
            (1) Name of fund.--Section 5116(i) is amended by inserting 
        after ``an account'' the following: ``(to be known as the 
        `Emergency Preparedness Fund')''.
            (2) Publication of emergency response guide.--Section 
        5116(i) is further amended--
                    (A) by striking ``collects under section 
                5108(g)(2)(A) of this title and'';
                    (B) by striking ``and'' after the semicolon in 
                paragraph (2);
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) to publish and distribute an emergency response 
        guide; and''.
            (3) Conforming amendment.--Section 5108(g)(2)(C) is amended 
        by striking ``the account the Secretary of the Treasury 
        establishes'' and inserting ``the Emergency Response Fund 
        established''.
    (f) Reports.--Section 5116(k) is amended--
            (1) by striking the first sentence and inserting ``The 
        Secretary shall make available to the public annually 
        information on the allocation and uses of planning grants under 
        subsection (a), training grants under subsection (b), and 
        grants under subsection (j) of this section and under section 
        5107 of this title.''; and
            (2) by striking ``Such report'' in the second sentence and 
        inserting ``The information''.

SEC. 436. SPECIAL PERMITS AND EXCLUSIONS.

    (a) Special Permits and Exclusions.--
            (1) In general.--Section 5117(a)(1) is amended by striking 
        ``the Secretary of Transportation may issue'' and all that 
        follows through ``in a way'' and inserting ``the Secretary may 
        issue, modify, or terminate a special permit authorizing 
        variances from this chapter, or a regulation prescribed under 
        section 5103(b), 5104, 5110, or 5112 of this title, to a person 
        performing a function regulated by the Secretary under section 
        5103(b)(1) of this title in a way''.
            (2) Duration.--Section 5117(a)(2) is amended to read as 
        follows:
    ``(2) A special permit under this subsection--
                    ``(A) shall be effective when first issued for not 
                more than 2 years; and
                    ``(B) may be renewed for successive periods of not 
                more than 4 years each.''.
    (b) References to Special Permits.--Section 5117 is further 
amended--
            (1) by striking ``an exemption'' each place it appears and 
        inserting ``a special permit''; and
            (2) by striking ``the exemption'' each place it appears and 
        inserting ``the special permit''.
    (c) Conforming and Clerical Amendments.--
            (1) Conforming amendment.--The heading of section 5117 is 
        amended to read as follows:
``Sec. 5117. Special permits and exclusions''.
            (2) Clerical amendment.--The chapter analysis for chapter 
        51 is amended by striking the item relating to section 5117 and 
        inserting the following:

``5117. Special permits and exclusions.''.
    (d) Repeal of Section 5118.--
            (1) Section 5118 is repealed.
            (2) The chapter analysis for chapter 51 is amended by 
        striking the item relating to section 5118 and inserting the 
        following:

``5118. Repealed.''.

SEC. 437. UNIFORM FORMS AND PROCEDURES.

    The text of section 5119 is amended to read as follows:
    ``(a) In General.--The Secretary may prescribe regulations to 
establish uniform forms and regulations for States on the following:
            ``(1) To register and issue permits to persons that 
        transport or cause to be transported hazardous material by 
        motor vehicles in a State.
            ``(2) To permit the transportation of hazardous material in 
        a State.
    ``(b) Uniformity in Forms and Procedures.--In prescribing 
regulations under subsection (a) of this section, the Secretary shall 
develop procedures to eliminate discrepancies among the States in 
carrying out the activities covered by the regulations.
    ``(c) Limitation.--The regulations prescribed under subsection (a) 
of this section may not define or limit the amount of any fees imposed 
or collected by a State for any activities covered by the regulations.
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2) of 
        this subsection, the regulations prescribed under subsection 
        (a) of this section shall take effect 1 year after the date on 
        which prescribed.
            ``(2) Extension.--The Secretary may extend the 1-year 
        period in subsection (a) for an additional year for good cause.
    ``(e) State Regulations.--After the regulations prescribed under 
subsection (a) of this section take effect under subsection (d) of this 
section, a State may establish, maintain, or enforce a requirement 
relating to the same subject matter only if the requirement is 
consistent with applicable requirements with respect to such activity 
in the regulations.
    ``(f) Interim State Programs.--Pending the prescription of 
regulations under subsection (a) of this section, States may 
participate in the program of uniform forms and procedures recommended 
by the Alliance for Uniform Hazmat Transportation Procedures.''.

SEC. 438. INTERNATIONAL UNIFORMITY OF STANDARDS AND REQUIREMENTS.

    Section 5120 is amended by striking ``of Transportation'' each 
place it appears in subsections (a), (b), and (c)(1).

SEC. 439. HAZARDOUS MATERIALS TRANSPORTATION SAFETY AND SECURITY.

    The text of section 5121 is amended to read as follows:
    ``(a) General Authority.--
            ``(1) To carry out this chapter, the Secretary may 
        investigate, conduct tests, make reports, issue subpoenas, 
        conduct hearings, require the production of records and 
        property, take depositions, and conduct research, development, 
        demonstration, and training activities.
            ``(2) Except as provided in subsections (c) and (d) of this 
        section, the Secretary shall provide notice and an opportunity 
        for a hearing before issuing an order directing compliance with 
        this chapter, a regulation prescribed under this chapter, or an 
        order, special permit, or approval issued under this chapter.
    ``(b) Records, Reports, Property, and Information.--A person 
subject to this chapter shall--
            ``(1) maintain records, make reports, and provide property 
        and information that the Secretary by regulation or order 
        requires; and
            ``(2) make the records, reports, property, and information 
        available for inspection when the Secretary undertakes an 
        inspection or investigation.
    ``(c) Inspections and Investigations.--
            ``(1) A designated officer or employee of the Secretary 
        may--
                    ``(A) inspect and investigate, at a reasonable time 
                and in a reasonable way, records and property relating 
                to a function described in section 5103(b)(1) of this 
                title;
                    ``(B) except for packaging immediately adjacent to 
                the hazardous material contents, gain access to, open, 
                and examine a package offered for or in transportation 
                when the officer or employees has an objectively 
                reasonable and articulable belief that the package may 
                contain hazardous material;
                    ``(C) remove from transportation a package or 
                related packages in a shipment offered for or in 
                transportation for which--
                            ``(i) such officer or employee has an 
                        objectively reasonable and articulable belief 
                        that the package may pose an imminent hazard; 
                        and
                            ``(ii) such officer or employee 
                        contemporaneously documents such belief in 
                        accordance with procedures set forth in 
                        regulations prescribed under subsection (e) of 
                        this section;
                    ``(D) gather information from the offeror, carrier, 
                packaging manufacturer or retester, or other person 
                responsible for a package or packages to ascertain the 
                nature and hazards of the contents of the package or 
                packages;
                    ``(E) as necessary under terms and conditions 
                prescribed by the Secretary, order the offeror, 
                carrier, or other person responsible for a package or 
                packages to have the package or packages transported to 
                an appropriate facility, opened, examined, and 
                analyzed; and
                    ``(F) when safety might otherwise be compromised, 
                authorize properly qualified personnel to assist in 
                activities carried out under this paragraph.
            ``(2) An officer or employee acting under the authority of 
        the Secretary under this subsection shall display proper 
        credentials when requested.
            ``(3) In instances when, as a result of an inspection or 
        investigation under this subsection, an imminent hazards is not 
        found to exist, the Secretary shall, in accordance with 
        procedures set forth in regulations prescribed under subsection 
        (e) of this section, assist the safe resumption of 
        transportation of the package, packages, or transport unit 
        concerned.
    ``(d) Emergency Orders.--
            ``(1) If, upon inspection, investigation, testing, or 
        research, the Secretary determines that a violation of a 
        provision of this chapter, or a regulation prescribed under 
this chapter, or an unsafe condition or practice, constitutes or is 
causing an imminent hazard, the Secretary may issue or impose emergency 
restrictions, prohibitions, recalls, or out-of-service orders, without 
notice or an opportunity for a hearing, but only to the extent 
necessary to abate the imminent hazard.
            ``(2) The action of the Secretary under paragraph (1) of 
        this subsection shall be in a written emergency order that--
                    ``(A) describes the violation, condition, or 
                practice that constitutes or is causing the imminent 
                hazard;
                    ``(B) states the restrictions, prohibitions, 
                recalls, or out-of-service orders issued or imposed; 
                and
                    ``(C) describe the standards and procedures for 
                obtaining relief from the order.
            ``(3) After taking action under paragraph (1) of this 
        subsection, the Secretary shall provide for review of the 
        action under section 554 of title 5 if a petition for review is 
        filed within 20 calendar days of the issuance of the order for 
        the action.
            ``(4) If a petition for review of an action is filed under 
        paragraph (3) of this subsection and the review under that 
        paragraph is not completed by the end of the 30-day period 
        beginning on the date the petition is filed, the action shall 
        cease to be effective at the end of such period unless the 
        Secretary determines, in writing, that the imminent hazard 
        providing a basis for the action continues to exist.
            ``(5) In this subsection, the term `out-of-service order' 
        means a requirement that an aircraft, vessel, motor vehicle, 
        train, railcar, locomotive, other vehicle, transport unit, 
        transport vehicle, freight container, potable tank, or other 
        package not be moved until specified conditions have been met.
    ``(e) Regulations.--The Secretary shall prescribe in accordance 
with section 553 of title 5 regulations to carry out the authority in 
subsections (c) and (d) of this section.
    ``(f) Facility, Staff, and Reporting System on Risks, Emergencies, 
and Actions.--
            ``(1) The Secretary shall--
                    ``(A) maintain a facility and technical staff 
                sufficient to provide, within the United States 
                Government, the capability of evaluating a risk 
                relating to the transportation of hazardous material 
                and material alleged to be hazardous;
                    ``(B) maintain a central reporting system and 
                information center capable of providing information and 
                advice to law enforcement and firefighting personnel, 
                and other interested individuals, and officers and 
                employees of the United States Government and State and 
                local governments on meeting an emergency relating to 
                the transportation of hazardous material; and
                    ``(C) conduct a continuous review on all aspects of 
                transporting hazardous material to decide on and take 
                appropriate actions to ensure safe transportation of 
                hazardous material.
            ``(2) Paragraph (1) of this subsection shall not prevent 
        the Secretary from making a contract with a private entity for 
        use of a supplemental reporting system and information center 
        operated and maintained by the contractor.
    ``(g) Grants, Cooperative Agreements, and Other Transactions.--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 Department of State), an 
educational institution, or other appropriate entity--
            ``(1) to expand risk assessment and emergency response 
        capabilities with respect to the security of transportation of 
        hazardous material;
            ``(2) to conduct research, development, demonstration, risk 
        assessment and emergency response planning and training 
        activities; or
            ``(3) to otherwise carry out this chapter.
    ``(h) Reports.--
            ``(1) The Secretary shall, once every 2 years, submit to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Transportation 
        and Infrastructure a comprehensive report on the transportation 
        of hazardous material during the preceding 2 calendar years. 
        Each report shall include, for the period covered by such 
        report--
                    ``(A) a statistical compilation of the accidents 
                and casualties related to the transportation of 
                hazardous material during such period;
                    ``(B) a list and summary of applicable Government 
                regulations, criteria, orders, and special permits;
                    ``(C) a summary of the basis for each special 
                permit issued;
                    ``(D) an evaluation of the effectiveness of 
                enforcement activities relating to the transportation 
                of hazardous material during such period, and of the 
                degree of voluntary compliance with regulations;
                    ``(E) a summary of outstanding problems in carrying 
                out this chapter, set forth in order of priority; and
                    ``(F) any recommendations for legislative or 
                administrative action that the Secretary considers 
                appropriate.
            ``(2) Before December 31, 2004, and every 3 years 
        thereafter, the Secretary, through the Bureau of Transportation 
        Statistics and in consultation with other Federal departments 
        and agencies, shall submit a report to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and Infrastructure 
        on the transportation of hazardous material in all modes of 
        transportation during the preceding 3 calendar years. Each 
        report shall include, for the period covered by such report--
                    ``(A) a summary of the hazardous material 
                shipments, deliveries, and movements during such 
                period, set forth by tonnage by mode, both domestically 
                and across United States borders; and
                    ``(B) a summary of shipment estimates during such 
                period as a proxy for risk.
    ``(i) Security Sensitive Information.--
            ``(1) If the Secretary determines that particular 
        information may reveal a vulnerability of a hazardous material 
        to attack during transportation in commerce, or may facilitate 
        the diversion of hazardous material during transportation in 
        commerce for use in an attack on people or property, the 
        Secretary may disclose such information only--
                    ``(A) to the owner, custodian, offeror, or carrier 
                of such hazardous material;
                    ``(B) to an officer, employee, or agent of the 
                United States Government, or a State or local 
                government, including volunteer fire departments, 
                concerned with carrying out transportation safety laws, 
                protecting hazardous material in the course of 
                transportation in commerce, protecting public safety or 
                national security, or enforcing Federal law designed to 
                protect public health or the environment; or
                    ``(C) in an administrative or judicial proceeding 
                brought under this chapter, under other Federal law 
                intended to protect public health or the environment, 
                or under other Federal law intended to address 
                terrorist actions or threats of terrorist actions.
            ``(2) The Secretary may make determinations under paragraph 
        (1) of this subsection with respect categories of information 
        in accordance with regulations prescribed by the Secretary.
            ``(3) A release of information pursuant to a determination 
        under paragraph (1) of this subsection shall not be treated as 
        a release of such information to the public for purposes of 
        section 552 of title 5.''.

SEC. 440. ENFORCEMENT.

    (a) Reference to Secretary of Transportation.--Section 5122(a) is 
amended by striking ``of Transportation''.
    (b) General.--Section 5122(a) is further amended--
            (1) by striking ``chapter or a regulation prescribed or 
        order'' in the first sentence and inserting ``chapter, a 
        regulation prescribed under this chapter, or an order, special 
        permit, or approval''; and
            (2) by striking the second sentence and inserting ``In an 
        action under this subsection, the court may award appropriate 
        relief, including a temporary or permanent injunction, civil 
        penalties under section 5123 of this title, and punitive 
        damages.''.
    (c) Imminent Hazards.--Section 5122(b)(1)(B) is amended by striking 
``ameliorate'' and inserting ``mitigate''.

SEC. 441. CIVIL PENALTIES.

    (a) Reference to Secretary of Transportation.--Section 5123(b) is 
amended by striking ``of Transportation''.
    (b) Penalty.--Section 5123(a)(1) is amended--
            (1) by striking ``chapter or a regulation prescribed or 
        order'' and inserting ``chapter, a regulation prescribed under 
        this chapter, or an order, special permit, or approval''; and
            (2) by striking ``$25,000'' and inserting ``$100,000''.
    (c) Hearing Requirement.--Section 5123(b) is amended by striking 
``chapter or a regulation prescribed'' and inserting ``chapter, a 
regulation prescribed under this chapter, or an order, special permit, 
or approval issued''.
    (d) Civil Actions To Collect.--Section 5123(d) is amended by 
striking ``section.'' and inserting ``section and any accrued interest 
on the civil penalty as calculated in accordance with section 1005 of 
the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, 
the amount and appropriateness of the civil penalty shall not be 
subject to review.''.
    (e) Effective Date.--(1) The amendments made by subsections (b) and 
(c) of this section shall take effect on the date of the enactment of 
this Act, and shall apply with respect to violations described in 
section 5123(a) of title 49, United States Code (as amended by this 
section), that occur on or after that date.
    (2) The amendment made by subsection (d) of this section shall 
apply with respect to civil penalties imposed on violations described 
in section 5123(a) of title 49, United States Code (as amended by this 
section), which violations occur on or after the date of the enactment 
of this Act.

SEC. 442. CRIMINAL PENALTIES.

    (a) In General.--Section 5124 is amended--
            (1) by inserting ``(a) In General.--'' before ``A person''; 
        and
            (2) by striking ``chapter or a regulation prescribed or 
        order'' and inserting ``chapter, a regulation prescribed under 
        this chapter, or an order, special permit, or approval''.
    (b) Additional Matters.--That section is further amended by adding 
at the end the following:
    ``(b) Aggravated Violations.--A person knowingly violating section 
5104(b) of this title or willfully violating this chapter or a 
regulation prescribed, or an order, special permit, or approval issued, 
under this chapter, who thereby causes the release of hazardous 
material shall be fined under title 18, imprisoned for not more than 20 
years, or both.
    ``(c) Separate Violations.--A separate violation occurs for each 
day the violation, committed by a person who transports or causes to be 
transported hazardous material, continues.''.

SEC. 443. PREEMPTION.

    (a) Reference to Secretary of Transportation.--Section 5125(b)(2) 
is amended by striking ``of Transportation''.
    (b) Purposes.--Section 5125 is amended--
            (1) by redesignating subsections (a), (b), (c), (d), (e), 
        (f), and (g) as subsections (b), (c), (d), (e), (f), (g), and 
        (h), respectively;
            (2) by inserting before subsection (b), as so redesignated, 
        the following:
    ``(a) Purposes.--The Secretary shall exercise the authority in this 
section--
            ``(1) to achieve uniform regulation of the transportation 
        of hazardous material;
            ``(2) to eliminate rules that are inconsistent with the 
        regulations prescribed under this chapter; and
            ``(3) to otherwise promote the safe and efficient movement 
        of hazardous material in commerce.'';
            (3) by striking subsection (g), as redesignated; and
            (4) by redesignating subsection (h), as redesignated, as 
        subsection (g).
    (c) General Preemption.--Section 5125(b), as redesignated by 
subsection (b)(1) of this section, is further amended by striking 
``General.--Except as provided in subsection (b), (c), and (e)'' and 
inserting ``Preemption Generally.--Except as provided in subsections 
(c), (d), and (f)''.
    (d) Substantive Differences.--Section 5125(c), as so redesignated, 
is further amended--
            (1) in the matter preceding subparagraph (A) of paragraph 
        (1), by striking ``subsection (c)'' and inserting ``subsection 
        (d)'';
            (2) by striking subparagraph (E) of paragraph (1) and 
        inserting the following:
            ``(E) the manufacturing, designing, inspecting, testing, 
        reconditioning, or repairing of a packaging or packaging 
        component that is represented as qualified for use in 
        transporting hazardous material in commerce.''; and
            (3) by striking ``prescribes after November 16, 1990. 
        However, the'' in paragraph (2) and inserting ``prescribes. 
        The''.
    (e) Decisions on Preemption.--Section 5125(e), as so redesignated, 
is further amended by striking ``subsection (a), (b)(1), or (c) of this 
section.'' in the first sentence and inserting ``subsection (b), 
(c)(1), or (d) of this section or section 5119(b) of this title.''.
    (f) Waiver of Preemption.--Section 5125(f), as so redesignated, is 
further amended by striking ``subsection (a), (b)(1), or (c) of this 
section.'' and inserting ``subsection (b), (c)(1), or (d) of this 
section or section 5119(b) of this title.''.
    (g) Emergency Waiver of Preemption; Additional Matters.--Section 
5125 is further amended--
            (1) by redesignating subsection (g), as redesignated by 
        subsection (b)(4) of this section, as subsection (j); and
            (2) by inserting after subsection (f), as redesignated by 
        subsection (b)(1) of this section, the following:
    ``(g) Emergency Waiver of Preemption.--
            ``(1) The Secretary may, upon a finding of good cause, 
        waive the preemption of a requirement of a State, political 
        subdivision of a State, or Indian tribe under this section 
        without prior notice or an opportunity for public comment 
        thereon.
            ``(2) For purposes of paragraph (1) of this subsection, 
        good cause exists when--
                    ``(A) there is a potential threat that hazardous 
                material being transported in commerce may be used in 
                an attack on people or property; and
                    ``(B) notice and an opportunity for public comment 
                thereon are impracticable or contrary to the public 
                interest.
            ``(3)(A) A waiver of preemption under paragraph (1) of this 
        subsection shall be in effect for a period specified by the 
        Secretary, but not more than 6 months.
            ``(B) If the Secretary determines before the expiration of 
        a waiver of preemption under subparagraph (A) of this paragraph 
        that the potential threat providing the basis for the waiver 
        continues to exist, the Secretary may, after providing notice 
        and an opportunity for public comment thereon, extend the 
        duration of the waiver for such period after the expiration of 
        the waiver under that subparagraph as the Secretary considers 
        appropriate.
            ``(4) An action of the Secretary under paragraph (1) or (3) 
        of this subsection shall be in writing and shall set forth the 
        standards and procedures for seeking reconsideration of the 
        action.
            ``(5) After taking action under paragraph (1) or (3) of 
        this subsection, the Secretary shall provide for review of the 
        action if a petition for review of the action is filed within 
        20 calendar days after the date of the action.
            ``(6) If a petition for review of an action is filed under 
        paragraph (5) of this subsection and review of the action is 
        not completed by the end of the 30-day period beginning on the 
        date the petition is filed, the waiver under this subsection 
        shall cease to be effective at the end of such period unless 
        the Secretary determines, in writing, that the potential threat 
        providing the basis for the waiver continues.
    ``(h) Application of Each Preemption Standard.--Each standard for 
preemption in subsection (b), (c)(1), or (d) of this section, and in 
section 5119(b) of this title, is independent in its application to a 
requirement of a State, political subdivision of a State, or Indian 
tribe.
    ``(i) Non-Federal Enforcement Standards.--This section does not 
apply to any procedure, penalty, required mental state, or other 
standard utilized by a State, political subdivision of a State, or 
Indian tribe to enforce a requirement applicable to the transportation 
of hazardous material.''.

SEC. 444. RELATIONSHIP TO OTHER LAWS.

    Section 5126 is amended--
            (1) by striking ``or causes to be transported hazardous 
        material,'' in subsection (a) and inserting ``hazardous 
        material, or causes hazardous material to be transported,'';
            (2) by striking ``manufactures,'' and all that follows 
        through ``or sells'' in subsection (a) and inserting 
        ``manufactures, designs, inspects, tests, reconditions, marks, 
        or repairs a packaging or packaging component that is 
        represented'';
            (3) by striking ``must'' in subsection (a) and inserting 
        ``shall'';
            (4) by striking ``manufacturing,'' in subsection (a) and 
        all that follows through ``testing'' and inserting 
        ``manufacturing, designing, inspecting, testing, 
        reconditioning, marking, or repairing''; and
            (5) by striking ``39.'' in subsection (b)(2) and inserting 
        ``39, except in the case of an imminent hazard.''.

SEC. 445. JUDICIAL REVIEW.

    (a) In General.--Chapter 51 is amended--
            (1) by redesignating section 5127 as section 5128; and
            (2) by inserting after section 5126 the following:
``Sec. 5127. Judicial review
    ``(a) Filing and Venue.--Except as provided in section 20114(c) of 
this title, a person suffering legal wrong or adversely affected or 
aggrieved by a final action of the Secretary under this chapter may 
petition for review of the final action in the United States Court of 
Appeals for the District of Columbia or in the court of appeals of the 
United States for the circuit in which the person or resides or has the 
principal place of business. The petition shall be filed not more than 
60 days after the action of the Secretary becomes final.
    ``(b) Procedures.--When a petition on a final action is filed under 
subsection (a) of this section, the clerk of the court shall 
immediately send a copy of the petition to the Secretary. The Secretary 
shall file with the court a record of any proceeding in which the final 
action was issued as provided in section 2112 of title 28.
    ``(c) Authority of Court.--The court in which a petition on a final 
action is filed under subsection (a) of this section has exclusive 
jurisdiction, as provided in subchapter II of chapter 5 of title 5 to 
affirm or set aside any part of the final action and may order the 
Secretary to conduct further proceedings. Findings of fact by the 
Secretary, if supported by substantial evidence, are conclusive.
    ``(d) Requirement for Prior Objections.--In reviewing a final 
action under this section, the court may consider an objection to the 
final action only if--
            ``(1) the objection was made in the course of a proceeding 
        or review conducted by the Secretary; or
            ``(2) there was a reasonable ground for not making the 
        objection in the proceeding.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 51 is 
amended by striking the item relating to section 5127 and inserting the 
following:

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

SEC. 446. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128, as redesignated by section 445 of this Act, is 
amended to read as follows:
``Sec. 5128. Authorization of appropriations
    ``(a) General.--In order to carry out this chapter (except sections 
5107(e), 5108(g), 5112, 5113, 5115, 5116, and 5119 of this title), the 
following amounts are authorized to be appropriated to the Secretary:
            ``(1) For fiscal year 2004, not more than $24,981,000.
            ``(2) For fiscal year 2005, not more than $27,000,000.
            ``(3) For fiscal year 2006, not more than $29,000,000.
            ``(4) For each of fiscal years 2007 through 2009, not more 
        than $30,000,000.
    ``(b) Emergency Preparedness Fund.--There shall be available from 
the Emergency Preparedness Fund under section 5116(i) of this title, 
amounts as follows:
            ``(1) To carry out section 5107(e) of this title, 
        $4,000,000 for each of fiscal years 2004 through 2009.
            ``(2) To carry out section 5115 of this title, $200,000 for 
        each of fiscal years 2004 through 2009.
            ``(3) To carry out section 5116(a) of this title, 
        $8,000,000 for each of fiscal years 2004 through 2009.
            ``(4) To carry out section 5116(b) of this title, 
        $13,800,000 for each of fiscal years 2004 through 2009.
            ``(5) To carry out section 5116(f) of this title, $150,000 
        for each of fiscal years 2004 through 2009.
            ``(6) To carry out section 5116(i)(4) of this title, 
        $150,000 for each of fiscal years 2004 through 2009.
            ``(7) To carry out section 5116(j) of this title, 
        $1,000,000 for each of fiscal years 2004 through 2009.
            ``(8) To publish and distribute an emergency response 
        guidebook under section 5116(i)(3) of title 49, United States 
        Code, $500,000 for each of fiscal years 2004 through 2009.
    ``(c) Credit to Appropriations.--The Secretary may credit to any 
appropriation to carry out this chapter an amount received from a 
State, political subdivision of a State, Indian tribe, or other public 
authority or private entity for expenses the Secretary incurs in 
providing training to the State, political subdivision, Indian tribe, 
or other authority or entity.
    ``(d) Availability of Amounts.--Amounts available under subsections 
(a) and (b) of this section shall remain available until expended.''.

SEC. 447. ADDITIONAL CIVIL AND CRIMINAL PENALTIES.

    (a) Title 49 Penalties.--Section 46312 is amended--
            (1) by striking ``part--'' in subsection (a) and inserting 
        ``part or chapter 51 of this title--''; and
            (2) by inserting ``or chapter 51 of this title'' in 
        subsection (b) after ``under this part''.
    (b) Title 18 Penalties.--Section 3663(a)(1)(A) of title 18, United 
States Code, is amended by inserting ``5124,'' before ``46312,''.

                       Subtitle B--Other Matters

SEC. 461. ADMINISTRATIVE AUTHORITY FOR RESEARCH AND SPECIAL PROGRAMS 
              ADMINISTRATION.

    Section 112 is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Administrative Authorities.--
            ``(1) Grants, cooperative agreements, and other 
        transactions.--The Administrator may enter into grants, 
        cooperative agreements, and other transactions with Federal 
        agencies, State and local government agencies, other public 
        entities, private organizations, and other persons--
                    ``(A) to conduct research into transportation 
                service and infrastructure assurance; and
                    ``(B) to carry out other research activities of the 
                Administration.
            ``(2) Limitation on disclosure of certain information.--
                    ``(A) Limitation.--If the Administrator determines 
                that particular information developed in research 
                sponsored by the Administration may reveal a systemic 
                vulnerability of transportation service or 
                infrastructure, such information may be disclosed only 
                to--
                            ``(i) a person responsible for the security 
                        of the transportation service or 
                        infrastructure; or
                            ``(ii) a person responsible for protecting 
                        public safety; or
                            ``(iii) an officer, employee, or agent of 
                        the Federal Government, or a State or local 
                        government, who, as determined by the 
                        Administrator, has need for such information in 
                        the performance of official duties.
                    ``(B) Treatment of release.--The release of 
                information under subparagraph (A) shall not be treated 
                as a release to the public for purposes of section 552 
                of title 5.''.

SEC. 462. MAILABILITY OF HAZARDOUS MATERIALS.

    (a) Nonmailability Generally.--Section 3001 of title 39, United 
States Code, is amended--
            (1) by redesignating subsection (n) as subsection (o); and
            (2) by inserting after subsection (m) the following:
    ``(n)(1) Except as otherwise authorized by law or regulations of 
the Postal Service under section 3018 of this title, hazardous material 
is nonmailable.
    ``(2) In this subsection, the term `hazardous material' means a 
substance or material designated by the Secretary of Transportation as 
hazardous material under section 5103(a) of title 49.''.
    (b) Mailability.--
            (1) In general.--Chapter 30 of title 39, United States 
        Code, is amended by adding at the end the following:
``Sec. 3018. Hazardous material
    ``(a) In General.--The Postal Service shall prescribe regulations 
for the safe transportation of hazardous material in the mails.
    ``(b) Prohibitions.--No person may--
            ``(1) mail or cause to be mailed hazardous material that 
        has been declared by statute or Postal Service regulation to be 
        nonmailable;
            ``(2) mail or cause to be mailed hazardous material in 
        violation of any statute or Postal Service regulation 
        restricting the time, place, or manner in which hazardous 
        material may be mailed; or
            ``(3) manufacture, distribute, or sell any container, 
        packaging kit, or similar device that--
                    ``(A) is represented, marked, certified, or sold by 
                such person for use in the mailing of hazardous 
                material; and
                    ``(B) fails to conform with any statute or Postal 
                Service regulation setting forth standards for a 
                container, packaging kit, or similar device used for 
                the mailing of hazardous material.
    ``(c) Civil Penalty.--
            ``(1) In general.--A person who knowingly violates this 
        section or a regulation prescribed under this section shall be 
        liable to the Postal Service for--
                    ``(A) a civil penalty of at least $250, but not 
                more than $100,000, for each violation;
                    ``(B) the costs of any clean-up associated with 
                such violation; and
                    ``(C) damages.
            ``(2) Knowing action.--A person acts knowingly for purposes 
        of paragraph (1) when--
                    ``(A) the person has actual knowledge of the facts 
                giving rise to the violation; or
                    ``(B) a reasonable person acting in the 
                circumstances and exercising reasonable care would have 
                had that knowledge.
            ``(3) Knowledge of statute or regulation not element of 
        offense.--Knowledge of the existence of a statutory provision 
        or Postal Service regulation is not an element of an offense 
        under this subsection.
            ``(4) Separate violations.--
                    ``(A) Violations over time.--A separate violation 
                under this subsection occurs for each day hazardous 
                material, mailed or cause to be mailed in noncompliance 
                with this section, is in the mail.
                    ``(B) Separate items.--A separate violation under 
                this subsection occurs for each item containing 
                hazardous material that is mailed or caused to be 
                mailed in noncompliance with this section.
    ``(d) Hearings.--The Postal Service may determine that a person has 
violated this section or a regulation prescribed under this section 
only after notice and an opportunity for a hearing.
    ``(e) Penalty Considerations.--In determining the amount of a civil 
penalty for a violation of this section, the Postal Service shall 
consider--
            ``(1) the nature, circumstances, extent, and gravity of the 
        violation;
            ``(2) with respect to the person who committed the 
        violation, the degree of culpability, any history of prior 
        violations, the ability to pay, and any effect on the ability 
        to continue in business;
            ``(3) the impact on Postal Service operations; and
            ``(4) any other matters that justice requires.
    ``(f) Civil Actions To Collect.--
            ``(1) In general.--In accordance with section 409(d) of 
        this title, a civil action may be commenced in an appropriate 
        district court of the United States to collect a civil penalty, 
        clean-up costs, and damages assessed under subsection (c).
            ``(2) Limitation.--In a civil action under paragraph (1), 
        the validity, amount, and appropriateness of the civil penalty, 
        clean-up costs, and damages covered by the civil action shall 
        not be subject to review.
            ``(3) Compromise.--The Postal Service may compromise the 
        amount a civil penalty, clean-up costs, and damages assessed 
        under subsection (c) before commencing a civil action with 
        respect to such civil penalty, clean-up costs, and damages 
        under paragraph (1).
    ``(g) Civil Judicial Penalties.--
            ``(1) In general.--At the request of the Postal Service, 
        the Attorney General may bring a civil action in an appropriate 
        district court of the United States to enforce this section or 
        a regulation prescribed under this section.
            ``(2) Relief.--The court in a civil action under paragraph 
        (1) may award appropriate relief, including a temporary or 
        permanent injunction, civil penalties as determined in 
        accordance with this section, or punitive damages.
            ``(3) Construction.--A civil action under this subsection 
        shall be in lieu of civil penalties for the same violation 
        under subsection (c)(1)(A).
    ``(h) Deposit of Amounts Collected.--Amounts collected under this 
section shall be deposited into the Postal Service Fund under section 
2003 of this title.''.
            (2) Conforming Amendment.--The chapter analysis for chapter 
        30 of title 39, United States Code, is amended by adding at the 
        end the following:

``3018. Hazardous material.''.
    (c) Conforming Amendment.--Section 2003(b) of title 39, United 
States Code, is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (7);
            (2) by striking ``purposes.'' in paragraph (8) and 
        inserting ``purposes; and''; and
            (3) by adding at the end the following:
            ``(9) any amounts collected under section 3018 of this 
        title.''.

SEC. 463. CRIMINAL MATTERS.

    Section 845(a)(1) of title 18, United States Code, is amended by 
striking ``which are regulated'' and all that follows and inserting 
``that is subject to the authority of the Departments of Transportation 
and Homeland Security;''.

SEC. 464. CARGO INSPECTION PROGRAM.

    (a) In General.--The Secretary of Transportation may establish a 
program of random inspections of cargo at points of entry into the 
United States for the purpose of determining the extent to which 
undeclared hazardous material is being offered for transportation in 
commerce through such points of entry.
    (b) Inspections.--Under the program under subsection (a)--
            (1) an officer of the Department of Transportation who is 
        not located at a point of entry into the United States may 
        select at random cargo shipments at points of entry into the 
        United States for inspection; and
            (2) an officer or employee of the Department may open and 
        inspect each cargo shipment so selected for the purpose 
        described in subsection (a).
    (c) Coordination.--The Secretary of Transportation shall coordinate 
any inspections under the program under subsection (a) with the 
Secretary of Homeland Security.
    (d) Disposition of Hazardous Materials.--The Secretary of 
Transportation shall provide for the appropriate handling and 
disposition of any hazardous material discovered pursuant to 
inspections under the program under subsection (a).

SEC. 465. INFORMATION ON HAZMAT REGISTRATIONS.

    The Administrator of the Department of Transportation's Research 
and Special Programs Administration shall--
            (1) transmit current hazardous material registrant 
        information to the Federal Motor Carrier Safety Administration 
        to cross reference the registrant's Federal motor carrier 
        registration number; and
            (2) notify the Federal Motor Carrier Safety Administration 
        immediately, and provide a registrant's United States 
        Department of Transportation identification number to the 
        Administration, whenever a new registrant registers to 
        transport hazardous materials as a motor carrier.

SEC. 466. REPORT ON APPLYING HAZARDOUS MATERIALS REGULATIONS TO PERSONS 
              WHO REJECT HAZARDOUS MATERIALS.

    Within 6 months after the date of enactment of this Act, the 
Secretary of Transportation shall complete an assessment of the costs 
and benefits of subjecting persons who reject hazardous material for 
transportation in commerce to the hazardous materials laws and 
regulations. In completing this assessment, the Secretary shall--
            (1) estimate the number of affected employers and 
        employees;
            (2) determine what actions would be required by them to 
        comply with such laws and regulations; and
            (3) consider whether and to what extent the application of 
        Federal hazardous materials laws and regulations should be 
        limited to--
                    (A) particular modes of transportation;
                    (B) certain categories of employees; or
                    (C) certain classes or categories of hazardous 
                materials.

                Subtitle C--Sanitary Food Transportation

SEC. 481. SHORT TITLE.

    This subtitle may be cited as the ``Sanitary Food Transportation 
Act of 2003''.

SEC. 482. RESPONSIBILITIES OF THE SECRETARY OF HEALTH AND HUMAN 
              SERVICES.

    (a) Unsanitary Transport Deemed Adulteration.--Section 402 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by 
adding at the end the following:
    ``(i) Noncompliance With Sanitary Transportation Practices.--If the 
food is transported under conditions that are not in compliance with 
the sanitary transportation practices prescribed by the Secretary under 
section 416.''.
    (b) Sanitary Transportation Requirements.--Chapter IV of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended 
by adding at the end the following:

``SEC. 416. SANITARY TRANSPORTATION PRACTICES.

    ``(a) Definitions.--In this section:
            ``(1) Bulk vehicle.--The term `bulk vehicle' includes a 
        tank truck, hopper truck, rail tank car, hopper car, cargo 
        tank, portable tank, freight container, or hopper bin, and any 
        other vehicle in which food is shipped in bulk, with the food 
        coming into direct contact with the vehicle.
            ``(2) Transportation.--The term `transportation' means any 
        movement in commerce by motor vehicle or rail vehicle.
    ``(b) Regulations.--The Secretary shall by regulation require 
shippers, carriers by motor vehicle or rail vehicle, receivers, and 
other persons engaged in the transportation of food to use sanitary 
transportation practices prescribed by the Secretary to ensure that 
food is not transported under conditions that may render the food 
adulterated.
    ``(c) Contents.--The regulations shall--
            ``(1) prescribe such practices as the Secretary determines 
        to be appropriate relating to--
                    ``(A) sanitation;
                    ``(B) packaging, isolation, and other protective 
                measures;
                    ``(C) limitations on the use of vehicles;
                    ``(D) information to be disclosed--
                            ``(i) to a carrier by a person arranging 
                        for the transport of food; and
                            ``(ii) to a manufacturer or other person 
                        that--
                                    ``(I) arranges for the 
                                transportation of food by a carrier; or
                                    ``(II) furnishes a tank vehicle or 
                                bulk vehicle for the transportation of 
                                food; and
                    ``(E) recordkeeping; and
            ``(2) include--
                    ``(A) a list of nonfood products that the Secretary 
                determines may, if shipped in a bulk vehicle, render 
                adulterated food that is subsequently transported in 
                the same vehicle; and
                    ``(B) a list of nonfood products that the Secretary 
                determines may, if shipped in a motor vehicle or rail 
                vehicle (other than a tank vehicle or bulk vehicle), 
                render adulterated food that is simultaneously or 
                subsequently transported in the same vehicle.
    ``(d) Waivers.--
            ``(1) In general.--The Secretary may waive any requirement 
        under this section, with respect to any class of persons, 
        vehicles, food, or nonfood products, if the Secretary 
        determines that the waiver--
                    ``(A) will not result in the transportation of food 
                under conditions that would be unsafe for human or 
                animal health; and
                    ``(B) will not be contrary to the public interest.
            ``(2) Publication.--The Secretary shall publish in the 
        Federal Register any waiver and the reasons for the waiver.
    ``(e) Preemption.--
            ``(1) In general.--No State or political subdivision of a 
        State may directly or indirectly establish or continue in 
        effect, as to any food in interstate commerce, any authority or 
        requirement concerning transportation of food that is not 
        identical to an authority or requirement under this section.
            ``(2) Applicability.--This subsection applies to 
        transportation that occurs on or after the effective date of 
        the regulations promulgated under subsection (b).
    ``(f) Assistance of Other Agencies.--The Secretary of 
Transportation, the Secretary of Agriculture, the Administrator of the 
Environmental Protection Agency, and the heads of other Federal 
agencies, as appropriate, shall provide assistance on request, to the 
extent resources are available, to the Secretary for the purposes of 
carrying out this section.''.
    (c) Inspection of Transportation Records.--
            (1) Requirement.--Section 703 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 373) is amended--
                    (A) by striking the section heading and all that 
                follows through ``For the purpose'' and inserting the 
                following:

``SEC. 703. RECORDS.

    ``(a) In General.--For the purpose''; and
                    (B) by adding at the end the following:
    ``(b) Food Transportation Records.--A shipper, carrier by motor 
vehicle or rail vehicle, receiver, or other person subject to section 
416 shall, on request of an officer or employee designated by the 
Secretary, permit the officer or employee, at reasonable times, to have 
access to and to copy all records that the Secretary requires to be 
kept under section 416(c)(1)(E).''.
            (2) Conforming amendment.--Subsection (a) of section 703 of 
        the Federal Food, Drug, and Cosmetic Act (as designated by 
        paragraph (1)(A)) is amended by striking ``carriers.'' and 
        inserting ``carriers, except as provided in subsection (b)''.
    (d) Prohibited Acts.--
            (1) Records inspection.--Section 301(e) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is amended by 
        inserting ``416,'' before ``504,'' each place it appears.
            (2) Unsafe food transportation.--Section 301 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by 
        adding at the end the following:
    ``(hh) Noncompliance With Sanitary Transportation Practices.--The 
failure by a shipper, carrier by motor vehicle or rail vehicle, 
receiver, or any other person engaged in the transportation of food to 
comply with the sanitary transportation practices prescribed by the 
Secretary under section 416.''.

SEC. 483. DEPARTMENT OF TRANSPORTATION REQUIREMENTS.

    Chapter 57 of title 49, United States Code, is amended to read as 
follows:

               ``CHAPTER 57--SANITARY FOOD TRANSPORTATION

``Sec.
``5701. Food transportation safety inspections.
``Sec. 5701. Food transportation safety inspections
    ``(a) Inspection Procedures.--
            ``(1) In general.--The Secretary of Transportation, in 
        consultation with the Secretary of Health and Human Services 
        and the Secretary of Agriculture, shall--
                    ``(A) establish procedures for transportation 
                safety inspections for the purpose of identifying 
                suspected incidents of contamination or adulteration 
                of--
                            ``(i) food in violation of regulations 
                        promulgated under section 416 of the Federal 
                        Food, Drug, and Cosmetic Act; and
                            ``(ii) meat subject to detention under 
                        section 402 of the Federal Meat Inspection Act 
                        (21 U.S.C. 672); and
                            ``(iii) poultry products subject to 
                        detention under section 19 of the Poultry 
                        Products Inspection Act (21 U.S.C. 467a); and
                    ``(B) train personnel of the Department of 
                Transportation in the appropriate use of the 
                procedures.
            ``(2) Applicability.--The procedures established under 
        paragraph (1) of this subsection shall apply, at a minimum, to 
        Department of Transportation personnel that perform commercial 
        motor vehicle or railroad safety inspections.
    ``(b) Notification of Secretary of Health and Human Services or 
Secretary of Agriculture.--The Secretary of Transportation shall 
promptly notify the Secretary of Health and Human Services or the 
Secretary of Agriculture, as applicable, of any instances of potential 
food contamination or adulteration of a food identified during 
transportation safety inspections.
    ``(c) Use of State Employees.--The means by which the Secretary of 
Transportation carries out subsection (b) of this section may include 
inspections conducted by State employees using funds authorized to be 
appropriated under sections 31102 through 31104 of this title.''.

SEC. 484. EFFECTIVE DATE.

    This subtitle takes effect on October 1, 2003.

             TITLE V--RECREATIONAL BOATING SAFETY PROGRAMS

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Sport Fishing and Recreational 
Boating Safety Act''.

    Subtitle A--Federal Aid in Sport Fish Restoration Act Amendments

SEC. 521. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Act entitled ``An Act to 
provide that the United States shall aid the States in fish restoration 
and management projects, and for other purposes,'' approved August 9, 
1950 (64 Stat. 430; 16 U.S.C. 777 et seq.).

SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

    Section 3 (16 U.S.C. 777b) is amended--
            (1) by striking ``the succeeding fiscal year.'' in the 
        third sentence and inserting ``succeeding fiscal years.''; and
            (2) by striking ``in carrying on the research program of 
        the Fish and Wildlife Service in respect to fish of material 
        value for sport and recreation.'' and inserting ``to supplement 
        the 55.3 percent of each annual appropriation to be apportioned 
        among the States, as provided for in section 4(b) of this 
        Act.''.

SEC. 523. DIVISION OF ANNUAL APPROPRIATIONS.

    Section 4 (16 U.S.C. 777c) is amended--
            (1) by striking subsections (a) through (d) and 
        redesignating subsections (e), (f), and (g) as subsections (b), 
        (c), and (d);
            (2) by inserting before subsection (b), as redesignated, 
        the following:
    ``(a) In General.--For fiscal years 2004 through 2009, each annual 
appropriation made in accordance with the provisions of section 3 of 
this Act shall be distributed as follows:
            ``(1) Coastal wetlands.--18 percent to the Secretary of the 
        Interior for distribution as provided in the Coastal Wetlands 
        Planning, Protection, and Restoration Act (16 U.S.C. 3951 et 
        seq.).
            ``(2) Boating safety.--18 percent to the Secretary of 
        Homeland Security for State recreational boating safety 
        programs under section 13106 of title 46, United States Code.
            ``(3) Clean vessel act.--1.9 percent to the Secretary of 
        the Interior for qualified projects under section 5604(c) of 
        the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
            ``(4) Boating infrastructure.--1.9 percent to the Secretary 
        of the Interior for obligation for qualified projects under 
        section 7404(d) of the Sportfishing and Boating Safety Act of 
        1998 (16 U.S.C. 777g-1(d)).
            ``(5) National outreach and communications.--1.9 percent to 
        the Secretary of the Interior for the National Outreach and 
        Communications Program under section 8(d) of this Act. Such 
        amounts shall remain available for 3 fiscal years, after which 
        any portion thereof that is unobligated by the Secretary for 
        that program may be expended by the Secretary under subsection 
        (b) of this section.
            ``(6) Set-aside for expenses for administration of this 
        chapter.--
                    ``(A) In general.--2.1 percent to the Secretary of 
                the Interior for expenses for administration incurred 
                in implementation of this Act, in accordance with this 
                section, section 9, and section 14 of this Act.
                    ``(B) Apportionment of unobligated funds.--If any 
                portion of the amount made available to the Secretary 
                under subparagraph (A) remains unexpended and 
                unobligated at the end of a fiscal year, that portion 
                shall be apportioned among the States, on the same 
                basis and in the same manner as other amounts made 
                available under this Act are apportioned among the 
                States under subsection (b) of this section, within 60 
                days after the end of that fiscal year. Any amount 
                apportioned among the States under this subparagraph 
                shall be in addition to any amounts otherwise available 
                for apportionment among the States under subsection (b) 
                for the fiscal year.'';
            (3) by striking ``of the Interior, after the distribution, 
        transfer, use, and deduction under subsections (a), (b), (c), 
        and (d), respectively, and after deducting amounts used for 
        grants under section 14, shall apportion the remainder'' in 
        subsection (b), as redesignated, and inserting ``shall 
        apportion 55.3 percent'';
            (4) by striking ``per centum'' each place it appears in 
        subsection (b), as redesignated, and inserting ``percent'';
            (5) by striking ``subsections (a), (b)(3)(A), (b)(3)(B), 
        and (c)'' in paragraph (1) of subsection (d), as redesignated, 
        and inserting ``paragraphs (1), (3), (4), and (5) of subsection 
        (a)''; and
            (6) by adding at the end the following:
    ``(e) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated by the 
Secretary after 3 fiscal years shall be transferred to the Secretary of 
Homeland Security and shall be expended for State recreational boating 
safety programs under section 13106(a) of title 46, United States 
Code.''.

SEC. 524. MAINTENANCE OF PROJECTS.

    Section 8 (16 U.S.C. 777g) is amended--
            (1) by striking ``in carrying out the research program of 
        the Fish and Wildlife Service in respect to fish of material 
        value for sport or recreation.'' in subsection (b)(2) and 
        inserting ``to supplement the 55.3 percent of each annual 
        appropriation to be apportioned among the States under section 
        4(b) of this Act.''; and
            (2) by striking ``subsection (c) or (d) of section 4'' in 
        subsection (d)(3) and inserting ``paragraph (5) or (6) of 
        section 4(a)''.

SEC. 525. BOATING INFRASTRUCTURE.

    Section 7404(d)(1) of the Sportfishing and Boating Safety Act of 
1998 (16 U.S.C. 777g-1(d)(1)) is amended by striking ``section 
4(b)(3)(B)'' and inserting ``section 4(a)(4)''.

SEC. 526. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
              EXPENSES FOR ADMINISTRATION.

    Section 9 (16 U.S.C. 777h) is amended--
            (1) by striking ``section 4(d)(1)'' in subsection (a) and 
        inserting ``section 4(a)(6)''; and
            (2) by striking ``section 4(d)(1)'' in subsection (b)(1) 
        and inserting ``section 4(a)(6)''.

SEC. 527. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE 
              DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA, THE 
              COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, AND THE 
              VIRGIN ISLANDS.

    Section 12 (16 U.S.C. 777k) is amended by striking ``in carrying on 
the research program of the Fish and Wildlife Service in respect to 
fish of material value for sport or recreation.'' and inserting ``to 
supplement the 55.3 percent of each annual appropriation to be 
apportioned among the States under section 4(b) of this Act.''.

SEC. 528. MULTISTATE CONSERVATION GRANT PROGRAM.

    Section 14 (16 U.S.C. 777m) is amended--
            (1) by striking so much of subsection (a) as precedes 
        paragraph (2) and inserting the following:
    ``(a) In General.--
            ``(1) Amount for grants.--For each of fiscal years 2004 
        through 2009, 0.9 percent of each annual appropriation made in 
        accordance with the provisions of section 3 of this Act shall 
        be distributed to the Secretary of the Interior for making 
        multistate conservation project grants in accordance with this 
        section.'';
            (2) by striking ``section 4(e)'' each place it appears in 
        subsection (a)(2)(B) and inserting ``section 4(b)''; and
            (3) by striking ``Of the balance of each annual 
        appropriation made under section 3 remaining after the 
        distribution and use under subsections (a), (b), and (c) of 
        section 4 for each fiscal year and after deducting amounts used 
        for grants under subsection (a)--'' in subsection (e) and 
        inserting ``Of amounts made available under section 4(a)(6) for 
        each fiscal year--''.

                Subtitle B--Clean Vessel Act Amendments

SEC. 541. GRANT PROGRAM.

    Section 5604(c)(2) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 
note) is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (A) and (B), respectively.

       Subtitle C--Recreational Boating Safety Program Amendments

SEC. 561. STATE MATCHING FUNDS REQUIREMENT.

    Section 13103(b) of title 46, United States Code, is amended by 
striking ``one-half'' and inserting ``75 percent''.

SEC. 562. AVAILABILITY OF ALLOCATIONS.

    Section 13104(a) of title 46, United States Code, is amended--
            (1) by striking ``2 years'' in paragraph (1) and inserting 
        ``3 years''; and
            (2) by striking ``2-year'' in paragraph (2) and inserting 
        ``3-year''.

SEC. 563. AUTHORIZATION OF APPROPRIATIONS FOR STATE RECREATIONAL 
              BOATING SAFETY PROGRAMS.

    Section 13106(c) of title 46, United States Code, is amended--
            (1) by striking ``Secretary of Transportation under 
        paragraphs (2) and (3) of section 4(b)'' and inserting 
        ``Secretary under subsections (a)(2) and (e) of section 4''; 
        and
            (2) by inserting ``a minimum of'' before ``$2,083,333''.

SEC. 564. MAINTENANCE OF EFFORT FOR STATE RECREATIONAL BOATING SAFETY 
              PROGRAMS.

    (a) In General.--Chapter 131 of title 46, United States Code, is 
amended by inserting after section 13106 the following:
``Sec. 13107. Maintenance of effort for State recreational boating 
              safety programs
    ``(a) In General.--The amount payable to a State for a fiscal year 
from an allocation under section 13103 of this chapter shall be reduced 
if the usual amounts expended by the State for the State's recreational 
boating safety program, as determined under section 13105 of this 
chapter, for the previous fiscal year is less than the average of the 
total of such expenditures for the 3 fiscal years immediately preceding 
that previous fiscal year. The reduction shall be proportionate, as a 
percentage, to the amount by which the level of State expenditures for 
such previous fiscal year is less than the average of the total of such 
expenditures for the 3 fiscal years immediately preceding that previous 
fiscal year.
    ``(b) Reduction of Threshhold.--If the total amount available for 
allocation and distribution under this chapter in a fiscal year for all 
participating State recreational boating safety programs is less than 
such amount for the preceding fiscal year, the level of State 
expenditures required under subsection (a) of this section for the 
preceding fiscal year shall be decreased proportionately.
    ``(c) Waiver.--
            ``(1) In general.--Upon the written request of a State, the 
        Secretary may waive the provisions of subsection (a) of this 
        section for 1 fiscal year if the Secretary determines that a 
        reduction in expenditures for the State's recreational boating 
        safety program is attributable to a non-selective reduction in 
        expenditures for the programs of all Executive branch agencies 
        of the State government, or for other reasons if the State 
        demonstrates to the Secretary's satisfaction that such waiver 
        is warranted.
            ``(2) 30-day decision.--The Secretary shall approve or deny 
        a request for a waiver not later than 30 days after the date 
        the request is received.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 131 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 13106 the following:

``13107. Maintenance of effort for State recreational boating safety 
                            programs.''.

                       Subtitle D--Miscellaneous

SEC. 581. TECHNICAL CORRECTION TO HOMELAND SECURITY ACT.

    Section 1511(e)(2) of the Homeland Security Act of 2002 (Public Law 
107-296) is amended by striking ``and to any funds provided to the 
Coast Guard from the Aquatic Resources Trust Fund of the Highway Trust 
Fund for boating safety programs.'' and inserting ``and any funds 
provided to the Coast Guard from the Highway Trust Fund and transferred 
into the Sport Fish Restoration Account of the Aquatic Resources Trust 
Fund for boating safety programs.''.

                     TITLE VI--RAIL TRANSPORTATION

                           Subtitle A--Amtrak

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    The text of section 24104 of title 49, United States Code, is 
amended to read as follows:
    ``There are authorized to be appropriated to the Secretary of 
Transportation $2,000,000,000 for each of fiscal years 2004, 2005, 
2006, 2007, 2008, and 2009 for the benefit of Amtrak for operating 
expenses.''.

SEC. 602. ESTABLISHMENT OF CORPORATION.

    There is established a nonprofit corporation, to be known as the 
``Rail Infrastructure Finance Corporation''. The Rail Infrastructure 
Finance Corporation is not an agency or establishment of the United 
States Government. The purpose of the Corporation is to support rail 
transportation capital projects through the issuance of rail capital 
infrastructure bonds. The Corporation shall be subject to the 
provisions of this title and, to the extent consistent with this 
section, to the laws of the State of Delaware applicable to 
corporations not for profit.

                Subtitle B--Railroad Track Modernization

SEC. 631. SHORT TITLE.

    This subtitle may be cited as the ``Railroad Track Modernization 
Act of 2003''.

SEC. 632. CAPITAL GRANTS FOR RAILROAD TRACK.

    (a) Authority.--Chapter 223 of title 49, United States Code, is 
amended to read as follows:

            ``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK

``Sec.
``22301. Capital grants for railroad track.
``Sec. 22301. Capital grants for railroad track
    ``(a) Establishment of Program.--
            ``(1) Establishment.--The Secretary of Transportation shall 
        establish a program of capital grants for the rehabilitation, 
        preservation, or improvement of railroad track (including 
        roadbed, bridges, and related track structures) of class II 
and class III railroads. Such grants shall be for rehabilitating, 
preserving, or improving track used primarily for freight 
transportation to a standard ensuring that the track can be operated 
safely and efficiently, including grants for rehabilitating, 
preserving, or improving track to handle 286,000 pound rail cars. 
Grants may be provided under this chapter--
                    ``(A) directly to the class II or class III 
                railroad; or
                    ``(B) with the concurrence of the class II or class 
                III railroad, to a State or local government.
            ``(2) State cooperation.--Class II and class III railroad 
        applicants for a grant under this chapter are encouraged to 
        utilize the expertise and assistance of State transportation 
        agencies in applying for and administering such grants. State 
        transportation agencies are encouraged to provide such 
        expertise and assistance to such railroads.
            ``(3) Regulations.--
                    ``(A) In general.--The Secretary shall prescribe 
                regulations to carry out the program under this 
                section.
                    ``(B) Criteria.--In developing the regulations, the 
                Secretary shall establish criteria that--
                            ``(i) condition the award of a grant to a 
                        railroad on reasonable assurances by the 
                        railroad that the facilities to be 
                        rehabilitated and improved will be economically 
                        and efficiently utilized;
                            ``(ii) ensure that the award of a grant is 
                        justified by present and probable future demand 
                        for rail services by the railroad to which the 
                        grant is to be awarded;
                            ``(iii) ensure that consideration is given 
                        to projects that are part of a State-sponsored 
                        rail plan; and
                            ``(iv) ensure that all such grants are 
                        awarded on a competitive basis.
    ``(b) Maximum Federal Share.--The maximum Federal share for 
carrying out a project under this section shall be 80 percent of the 
project cost. The non-Federal share may be provided by any non-Federal 
source in cash, equipment, or supplies. Other in-kind contributions may 
be approved by the Secretary on a case by case basis consistent with 
this chapter.
    ``(c) Project Eligibility.--For a project to be eligible for 
assistance under this section the track must have been operated or 
owned by a class II or class III railroad as of the date of the 
enactment of the Railroad Track Modernization Act of 2003.
    ``(d) Use of Funds.--Grants provided under this section shall be 
used to implement track capital projects as soon as possible. In no 
event shall grant funds be contractually obligated for a project later 
than the end of the third Federal fiscal year following the year in 
which the grant was awarded. Any funds not so obligated by the end of 
such fiscal year shall be returned to the Secretary for reallocation.
    ``(e) Additional Purpose.--In addition to making grants for 
projects as provided in subsection (a), the Secretary may also make 
grants to supplement direct loans or loan guarantees made under title V 
of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 822(d)), for projects described in the last sentence of section 
502(d) of such title. Grants made under this subsection may be used, in 
whole or in part, for paying credit risk premiums, lowering rates of 
interest, or providing for a holiday on principal payments.
    ``(f) Employee Protection.--The Secretary shall require as a 
condition of any grant made under this section that the recipient 
railroad provide a fair arrangement at least as protective of the 
interests of employees who are affected by the project to be funded 
with the grant as the terms imposed under section 11326(a), as in 
effect on the date of the enactment of the Railroad Track Modernization 
Act of 2001.
    ``(g) Labor Standards.--
            ``(1) Prevailing wages.--The Secretary shall ensure that 
        laborers and mechanics employed by contractors and 
        subcontractors in construction work financed by a grant made 
        under this section will be paid wages not less than those 
        prevailing on similar construction in the locality, as 
        determined by the Secretary of Labor under the Act of March 3, 
        1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.). 
        The Secretary shall make a grant under this section only after 
        being assured that required labor standards will be maintained 
        on the construction work.
            ``(2) Wage rates.--Wage rates in a collective bargaining 
        agreement negotiated under the Railway Labor Act (45 U.S.C. 151 
        et seq.) are deemed for purposes of this subsection to comply 
        with the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 
        U.S.C. 276a et seq.).''.
    (b) Conforming Amendment.--The item relating to chapter 223 in the 
table of chapters of subtitle V of title 49, United States Code, is 
amended to read as follows:

``223. CAPITAL GRANTS FOR RAILROAD TRACK....................   22301''.

SEC. 633. REGULATIONS.

    (a) Regulations.--The Secretary of Transporation shall prescribe 
under subsection (a)(3) of section 22301 of title 49, United States 
Code (as added by section 601), interim and final regulations for the 
administration of the grant program under such section as follows:
            (1) Interim regulations.--The Secretary shall prescribe the 
        interim regulations to implement the program not later than 
        December 31, 2003.
            (2) Final regulations.--The Secretary shall prescribe the 
        final regulations not later than October 1, 2004.
    (b) Inapplicability of Rulemaking Procedure to Interim 
Regulations.--Subchapter II of chapter 5 of title 5, United States 
Code, shall not apply to the issuance of an interim regulation or to 
any amendment of such an interim regulation.
    (c) Criteria.--The requirement for the establishment of criteria 
under subparagraph (B) of section 22301(a)(3) of title 49, United 
States Code, applies to the interim regulations as well as to the final 
regulations.

SEC. 634. STUDY OF GRANT-FUNDED PROJECTS.

    (a) Requirement for Study.--The Secretary of Transportation shall 
conduct a study of the projects carried out with grant assistance under 
section 22301 of title 49, United States Code (as added by section 
601), to determine the public interest benefits associated with the 
light density railroad networks in the States and their contribution to 
a multimodal transportation system.
    (b) Report.--Not later than March 31, 2004, the Secretary shall 
submit to Congress a report on the results of the study under 
subsection (a). The report shall include any recommendations that the 
Secretary considers appropriate regarding the eligibility of light 
density rail networks for Federal infrastructure financing.

SEC. 635. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Transportation $350,000,000 for each of fiscal years 2004, 2005, and 
2006 for carrying out section 22301 of title 49, United States Code (as 
added by section 601).

        Subtitle C--Other Rail Transportation-related Provisions

SEC. 661. CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS.

    (a) Establishment of Program.--
            (1) Program requirements.--Chapter 201 of title 49, United 
        States Code, is amended by adding at the end of subchapter II 
        the following:
``Sec. 20154. Capital grants for rail line relocation projects
    ``(a) Establishment of Program.--The Secretary of Transportation 
shall carry out a grant program to provide financial assistance for 
local rail line relocation projects.
    ``(b) Eligibility.--A State is eligible for a grant under this 
section for any project for the improvement of the route or structure 
of a rail line passing through a municipality of the State that--
            ``(1) is carried out for the purpose of mitigating the 
        adverse effects of rail traffic on safety, motor vehicle 
        traffic flow, or economic development in the municipality;
            ``(2) involves a lateral or vertical relocation of any 
        portion of the rail line within the municipality to avoid a 
        closing of a grade crossing or the construction of a road 
        underpass or overpass; and
            ``(3) meets the costs-benefits requirement set forth in 
        subsection (c).
    ``(c) Costs-Benefits Requirement.--A grant may be awarded under 
this section for a project for the relocation of a rail line only if 
the benefits of the project for the period equal to the estimated 
economic life of the relocated rail line exceed the costs of the 
project for that period, as determined by the Secretary considering the 
following factors:
            ``(1) The effects of the rail line and the rail traffic on 
        motor vehicle and pedestrian traffic, safety, and area commerce 
        if the rail line were not so relocated.
            ``(2) The effects of the rail line, relocated as proposed, 
        on motor vehicle and pedestrian traffic, safety, and area 
        commerce.
            ``(3) The effects of the rail line, relocated as proposed, 
        on the freight and passenger rail operations on the rail line.
    ``(d) Considerations for Approval of Grant Applications.--In 
addition to considering the relationship of benefits to costs in 
determining whether to award a grant to an eligible State under this 
section, the Secretary shall consider the following factors:
            ``(1) The capability of the State to fund the rail line 
        relocation project without Federal grant funding.
            ``(2) The requirement and limitation relating to allocation 
        of grant funds provided in subsection (e).
            ``(3) Equitable treatment of the various regions of the 
        United States.
    ``(e) Allocation Requirements.--
            ``(1) Grants not greater than $20,000,000.--At least 50 
        percent of all grant funds awarded under this section out of 
        funds appropriated for a fiscal year shall be provided as grant 
        awards of not more than $20,000,000 each.
            ``(2) Limitation per project.--Not more than 25 percent of 
        the total amount available for carrying out this section for a 
        fiscal year may be provided for any 1 project in that fiscal 
        year.
    ``(f) Federal Share.--The total amount of a grant awarded under 
this section for a rail line relocation project shall be 90 percent of 
the shared costs of the project, as determined under subsection (g)(4).
    ``(g) State Share.--
            ``(1) Percentage.--A State shall pay 10 percent of the 
        shared costs of a project that is funded in part by a grant 
        awarded under this section.
            ``(2) Forms of contributions.--The share required by 
        paragraph (1) may be paid in cash or in kind.
            ``(3) In-kind contributions.--The in-kind contributions 
        that are permitted to be counted under paragraph (2) for a 
        project for a State are as follows:
                    ``(A) A contribution of real property or tangible 
                personal property (whether provided by the State or a 
                person for the State).
                    ``(B) A contribution of the services of employees 
                of the State, calculated on the basis of costs incurred 
                by the State for the pay and benefits of the employees, 
                but excluding overhead and general administrative 
                costs.
                    ``(C) A payment of any costs that were incurred for 
                the project before the filing of an application for a 
                grant for the project under this section, and any in-
                kind contributions that were made for the project 
                before the filing of the application, if and to the 
                extent that the costs were incurred or in-kind 
                contributions were made, as the case may be, to comply 
                with a provision of a statute required to be satisfied 
                in order to carry out the project.
            ``(4) Costs not shared.--
                    ``(A) In general.--For the purposes of subsection 
                (f) and this subsection, the shared costs of a project 
                in a municipality do not include any cost that is 
                defrayed with any funds or in-kind contribution that a 
source other than the municipality makes available for the use of the 
municipality without imposing at least 1 of the following conditions:
                            ``(i) The condition that the municipality 
                        use the funds or contribution only for the 
                        project.
                            ``(ii) The condition that the availability 
                        of the funds or contribution to the 
                        municipality is contingent on the execution of 
                        the project.
                    ``(B) Determinations of the secretary.--The 
                Secretary shall determine the amount of the costs, if 
                any, that are not shared costs under this paragraph and 
                the total amount of the shared costs. A determination 
                of the Secretary shall be final.
    ``(h) Multistate Agreements To Combine Amounts.--Two or more States 
(not including political subdivisions of States) may, pursuant to an 
agreement entered into by the States, combine any part of the amounts 
provided through grants for a project under this section if--
            ``(1) the project will benefit each of the States entering 
        into the agreement; and
            ``(2) the agreement is not a violation of a law of any such 
        State.
    ``(i) Regulations.--The Secretary shall prescribe regulations for 
carrying out this section.
    ``(j) State Defined.--In this section, the term `State' includes, 
except as otherwise specifically provided, a political subdivision of a 
State.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for use in carrying out this section 
$350,000,000 for each of the fiscal years 2004 through 2008.''.
            (2) Clerical amendment.--The chapter analysis for such 
        chapter is amended by adding at the end the following:

``20154. Capital grants for rail line relocation projects.''.
    (b) Regulations.--
            (1) Interim regulations.--Not later than October 1, 2003, 
        the Secretary of Transportation shall issue temporary 
        regulations to implement the grant program under section 20154 
        of title 49, United States Code, as added by subsection (a). 
        Subchapter II of chapter 5 of title 5, United States Code, 
        shall not apply to the issuance of a temporary regulation under 
        this subsection or of any amendment of such a temporary 
        regulation.
            (2) Final regulations.--Not later than April 1, 2004, the 
        Secretary shall issue final regulations implementing the 
        program.

SEC. 662. FEDERAL BONDS FOR TRANSPORTATION INFRASTRUCTURE.

    (a) Use of Bond Proceeds.--The proceeds from the sale of any bonds 
authorized, issued, or guaranteed by the Federal Government that are 
available to fund passenger rail projects pursuant to any Federal law 
(enacted before, on, or after the date of the enactment of this Act) 
may be used to fund a qualified project if the Secretary of 
Transportation determines that the qualified project is a more cost-
effective alternative for efficiently maximizing mobility of 
individuals and goods than a passenger rail project.
    (b) Compliance of Beneficiaries With Certain Standards.--A 
recipient of proceeds of a grant, loan, Federal tax-credit bonds, or 
any other form of financial assistance provided under this title shall 
comply with the standards described in section 24312 of title 49, 
United States Code, as in effect on June 25, 2003, with respect to any 
qualified project in the same manner that the National Passenger 
Railroad Corporation is required to comply with such standards for 
construction work financed under an agreement entered into under 
section 24308(a) of such title.
    (c) Qualified Project Defined.--In this section, the term 
``qualified project'' means any transportation infrastructure project 
of any governmental unit or other person that is proposed by a State, 
including a highway project, a transit system project, a railroad 
project, an airport project, a port project, and an inland waterways 
project.




                                                       Calendar No. 421

108th CONGRESS

  1st Session

                                S. 1978

                          [Report No. 108-215]

_______________________________________________________________________

                                 A BILL

 To authorize funds for highway safety programs, motor carrier safety 
 programs, hazardous materials transportation safety programs, boating 
                safety programs, and for other purposes.

_______________________________________________________________________

                           November 25, 2003

                 Read twice and placed on the calendar