[Congressional Record Volume 143, Number 132 (Monday, September 29, 1997)]
[Senate]
[Pages S10153-S10176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HOLLINGS:
  S. 1234. A bill to improve transportation safety, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


       the highway and surface transportation safety act of 1997

  Mr. HOLLINGS. Mr. President, I rise to introduce the Highway and 
Surface Transportation Safety Act of 1997. This legislation is designed 
to reauthorize federal highway safety and surface transportation 
programs that are under the jurisdiction of the Commerce, Science, and 
Transportation Committee.
  As the Members of this body know, the Commerce Committee has 
jurisdiction over Federal agencies that oversee highway safety and 
surface transportation policies. These agencies include the National 
Highway Traffic Safety Administration [NHTSA], which administers 
automobile safety regulations and Federal safety grant programs, such 
as anti-drunk-driving and seatbelt use grants; the Research and Special 
Projects Administration [RSPA], which assists States in responding to 
hazardous materials spills; the Federal Highway Administration [FHWA], 
which administers the truck safety programs; and the Federal Railroad 
Administration [FRA], which regulates rail safety. Each of these 
agencies, as well as the policies under their authority, is vital to 
ensuring that Americans are provided with the safest and most efficient 
transportation, including safe automobiles, highways, and public 
transportation systems.
  In addition to preserving the security of our roadways, the measures 
administered by these agencies are critical to the health of our 
Nation's economy. The availability of the goods we consume and that are 
essential to our everyday lives depend on efficiently functioning 
transportation systems.
  The participation of the Federal Government in assuring that our 
automobiles and roadways are safe has been affirmed overwhelmingly by 
the American public. A recent Lou Harris poll shows that 91 percent of 
Americans believe the Federal Government has a role in assuring safe 
highways and 94 percent believe it is important to have motor vehicle 
safety standards.
  Our transportation and highway safety policies deserve as much 
attention as campaign finance reform, the popular measure of today. 
Yes, we must clean up the election system, but we also must clean up 
our roadways. NHTSA reports that every year over 41,000 Americans are 
killed on our Nation's highways--that is an average of 114 lives every 
day. In just the past 5 years alone, over 160,000 Americans have lost 
their lives, and more than 12 million have suffered serious injuries 
due to traffic accidents and road hazards--at a cost over $700 billion 
dollars.
  Astoundingly, almost 25 percent of these traffic fatalities involve 
children. In 1995, over 9,000 kids were killed in auto accidents. Of 
course, no poll, and no economic gauge, can measure the value of losing 
a precious young life.

  Studies, however, show that many of these accidents and fatalities 
are preventable. Most accidents are due to reckless behavior, such as 
drunk driving. According to NHTSA, alcohol-related accidents are 
responsible for over 40 percent of traffic fatalities. That means 
almost half of the tens of thousands of Americans that die every year 
because of traffic accidents can be saved if we can just prevent people 
from driving drunk. That is why I have supported measures in the past, 
and included provisions in this legislation, to encourage the enactment 
of stringent anti-drunk-driving laws.
  In addition to deterring the reckless behavior of those that cause 
accidents, there are steps every vehicle occupant can take to enhance 
safety. All safety experts agree that the most simple,

[[Page S10154]]

and most effective, way to protect ourselves from accidental injuries 
is to buckle up--wear a seatbelt. During the early 1980's an active 
campaign was initiated by NHTSA and public safety groups to encourage 
the use of seat-belts. The campaign had many positive results--helping 
to increase seatbelt use from 11 percent in 1980 to a current use rate 
of 68 percent. But 68 percent is still not sufficient. To continue to 
save lives, we must boost the use rate, at the very least, to the 90 
percent range. This is why I joined Senator McCain earlier this year in 
sending letters to all State Governors encouraging the enactment of 
tougher seatbelt laws nationwide.


                              Legislation

  The legislation I am introducing is designed to address these 
important safety issues. The following is a summary of many of the 
major provisions:
  Drunk driving--The bill reauthorizes NHTSA's safety grant programs, 
which include incentive grants to States to encourage the adoption of 
stringent drunk driving laws.
  Seatbelt Grant Program--The bill establishes for the first time ever 
a formal Federal seatbelt grant program to encourage states to adopt 
primary seatbelt laws. Primary seatbelt laws permit police to stop 
persons solely for not wearing a seatbelt. The new grant program has 
been included in lieu of the administration's proposal which attempted 
to force States to adopt primary seatbelt laws by reducing their 
highway construction funds.
  Required warnings--Vans to transport children--A provision has been 
included to require NHTSA to notify car dealers each year about Federal 
regulations that prohibit the sale of vans to schools for the 
transportation of students. This policy has been adopted to prevent the 
transport of children in less safe vehicles.

  Hazardous materials transportation Reauthorization--The bill 
reauthorizes appropriations for assisting States in responding to 
hazardous materials spills.
  Sanitary food transportation--The bill authorizes the transfer from 
the Department of Transportation to the Food and Drug Administration 
[FDA] the responsibility of ensuring that trucks and rail cars that 
transport the Nation's food supply are sanitary. This change is needed 
in order to take advantage of FDA's expertise in determining the 
cleanliness of these transports.
  Rail and mass transportation anti-terrorism--The legislation 
increases the penalties for anyone convicted of a terrorist attack on 
railroads or mass transport systems and gives the Federal Bureau of 
Investigation [FBI] the lead role in investigating such incidents.
  Rail and mass transportation safety--This legislation requires that 
DOT's Federal Transit Administration consult with the Federal Railroad 
Administration on relevant rail safety issues in making any grant or 
loan under its commuter railroad authority.
  Boating safety--The bill extends funding for the Clean Vessel Act, 
and authorizes spending for State grants for recreational boating 
safety, vessel pump-outs, facilities for large recreational vessels, 
and sport fishing outreach and communications.


                               Conclusion

  This legislation has been drafted from the framework of the 
administration's proposed highway safety bill. However, a number of 
changes have been made as a result of consultation with highway safety 
and consumer groups, such as the Advocates for Highway Safety and 
Public Citizens, as well as the National Association of Governors' 
Highway Safety Representatives, in an effort to craft the best safety 
bill possible. I look forward to working with Chairman McCain and other 
committee members, in addition to the highway safety organizations, as 
we begin our work on the legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1234

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Highway and Surface 
     Transportation Safety Act of 1977''.

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

       (a) Amendment of Title 49, United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or a repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 49, United States Code.
       (b) Table of Sections.--The table of sections for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code; table of sections.
Sec. 3. Awards.

                        Title I--Highway Safety

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

      Title II--Hazardous Materials Transportation Reauthorization

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

                Title III--Sanitary Food Transportation

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Responsibilities of the Secretary of Health and Human 
              Services.
Sec. 304. Department of Transportation requirements.
Sec. 305. Effective date.

         Title IV--Rail and Mass Transportation Anti-terrorism

Sec. 401. Short title.
Sec. 402. Purpose.
Sec. 403. Amendments to the ``wrecking trains'' statute.
Sec. 404. Terrorist attacks against mass transportation.
Sec. 405. Investigative jurisdiction.

              Title V--Rail and Mass Transportation Safety

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

                     Title VI--Motor Carrier Safety

     Subtitle A--State Grants and Other Commercial Vehicle Programs

Sec. 601. Statement of purpose.
Sec. 602. Grants to States.
Sec. 603. Federal share.
Sec. 604. Availability of amounts.
Sec. 605. Information systems and strategic safety initiatives.
Sec. 606. Authorization of appropriations.
Sec. 607. Conforming amendments.

              Subtitle B--Motor Carrier Safety Act of 1997

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

                          Title VII--Research

                  Subtitle A--Programs and Activities

Sec. 701. Transportation research and development.
Sec. 702. Bureau of Transportation Statistics.
Sec. 703. Research and technology program.
Sec. 704. National technology deployment initiatives.

             Subtitle B--Intelligent Transportation Systems

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

[[Page S10155]]

                       Title VIII--Boating Safety

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

     SEC. 3. AWARDS.

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

``Gifts and awards.''.

                        TITLE I--HIGHWAY SAFETY

     SEC. 101. HIGHWAY SAFETY PROGRAMS.

       (a) Uniform Guidelines.--Section 402(a) of title 23, United 
     States Code, is amended by striking ``section 4007'' and 
     inserting ``section 4004''.
       (b) Administrative Requirements.--Section 402(b) of such 
     title is amended--
       (1) by striking the period at the end of subparagraph (A) 
     and subparagraph (B) of paragraph (1) and inserting a 
     semicolon;
       (2) by inserting ``, including Indian tribes,'' after 
     ``subdivisions of such State'' in paragraph (1)(C);
       (3) by striking the period at the end of paragraph (1)(C) 
     and inserting a semicolon and ``and''; and
       (5) by striking paragraphs (3) and (4) redesignating 
     paragraph (5) as paragraph (3).
       (c) Apportionment of Funds--Section 402(c) of such title is 
     amended by--
       (1) by inserting ``the apportionment to the Secretary of 
     the Interior shall not be less than three fourths of 1 
     percent of the total apportionment and'' after ``except 
     that'' in the sixth sentence; and
       (2) by striking the seventh sentence.
       (d) Application in Indian Country--Section 402(i) of such 
     title is amended to read as follows:
       ``(i) Application in Indian Country.--
       ``(1) In general.--For the purpose of application of this 
     section in Indian country, the term `State' and `Governor of 
     a State' include the Secretary of the Interior and the term 
     `political subdivision of a State' includes an Indian tribe. 
     Notwithstanding the provisions of subparagraph (b)(1)(C) of 
     this section, 95 percent of the funds apportioned to the 
     Secretary of the Interior under this section shall be 
     expended by Indian tribes to carry out highway safety 
     programs within their jurisdictions. The provisions of 
     subparagraph (b)(1)(D) of this section shall be applicable to 
     Indian tribes, except to those tribes with respect to which 
     the Secretary determines that application of such provisions 
     would not be practicable .
       ``(2) Indian country defined.--For the purposes of this 
     subsection, the term `Indian country' means--
       ``(A) all land within the limits of any Indian reservation 
     under the jurisdiction of the United States, notwithstanding 
     the issuance of any patent, and including rights-of-way 
     running through the reservation;
       ``(B) all dependent Indian communities within the borders 
     of the United States whether within the original or 
     subsequently acquired territory thereof and whether within or 
     without the limits of a State; and
       ``(C) all Indian allotments, the Indian titles to which 
     have not been extinguished, including rights-of-way running 
     through such allotments.''.
       ``(e) Rulemaking Process.--Section 402(j) of such title is 
     amended to read as follows:
       ``(j) Rulemaking Process.--The Secretary may from time to 
     time conduct a rulemaking process to identify highway safety 
     programs that are highly effective in reducing motor vehicle 
     crashes, injuries and deaths. Any such rulemaking shall take 
     into account the major role of the States in implementing 
     such programs. When a rule promulgated in accordance with 
     this section takes effect, States shall consider these highly 
     effective programs when developing their highway safety 
     programs.''.
       (f) Safety Incentive Grants.--Section 402 of such title is 
     amended by striking subsection (k) and inserting the 
     following:
       ``(k)(1) Safety Incentive Grants: General Authority.--The 
     Secretary shall make a grant to a State that takes specific 
     actions to advance highway safety under subsection (l), (m), 
     (n), or (o) of this section. A State may qualify for more 
     than one grant and shall receive a separate grant for each 
     subsection for which it qualifies. Such grants may only be 
     used by recipient States to implement and enforce, as 
     appropriate, the programs for which the grants are awarded.
       ``(2) Maintenance of effort.--No grant may be made to a 
     State under subsection (l) or (m) of this section in any 
     fiscal year unless such State enters into such agreements 
     with the Secretary as the Secretary may require to ensure 
     that such State will maintain its aggregate expenditures from 
     all other sources for the specific actions for which a grant 
     is provided at or above the average level of such 
     expenditures in its fiscal years preceding the date of the 
     enactment of this subsection.
       ``(3) Maximum period of eligibility; federal share for 
     grants.--Each grant under subsection (1) or (m) of this 
     section shall be available for not more than 6 fiscal years 
     beginning in the fiscal year after September 30, 1997, in 
     which the State becomes eligible for the grant. The Federal 
     share payable for any grant under subsection (l) or (m) shall 
     not exceed--
       ``(A) in the first and second fiscal years in which the 
     State receives the grant, 75 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year a program adopted by the State;
       ``(B) in the third and fourth fiscal years in which the 
     State receives the grant, 50 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program; and
       ``(C) in the fifth and sixth fiscal years in which the 
     State receives the grant, 25 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program.
       ``(l) Alcohol-Impaired Driving Counter-measurers: Basic 
     Grant Eligibility.--The Secretary shall make grants to those 
     States that adopt and implement effective programs to reduce 
     traffic safety problems resulting from persons driving under 
     the influence of alcohol. A State shall become eligible for 
     one or more of three basic grants under this subsection by 
     adopting or demonstrating the following to the satisfaction 
     of the Secretary:
       ``(1) Basic grant A.--At least 4 of the following:
       ``(A) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to a test as proposed 
     by a law enforcement officer, the State agency responsible 
     for administering drivers' licenses, upon receiving the 
     report of the law enforcement officer--
       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and
       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or received notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures.
       ``(B) Underage drinking program.--An effective system, as 
     determined by the Secretary, for preventing operators of 
     motor vehicles under age 21 from obtaining alcoholic 
     beverages. Such system shall include the issuance of drivers' 
     licenses to individuals under age 21 that are easily 
     distinguishable in appearance from drivers' licenses issued 
     to individuals age 21 years of age or older.
       ``(C) Stopping Motor Vehicles.--Either--
       ``(i) A statewide program for stopping motor vehicles on a 
     nondiscriminatory, lawful basis for the purpose of 
     determining whether the operators of such motor vehicles are 
     driving while under the influence of alcohol, or
       ``(ii) a statewide Special Traffic Enforcement Program for 
     impaired driving that emphasizes publicity for the program.
       ``(D) Repeat offenders.--Effective sanctions for repeat 
     offenders convicted of driving under the influence of 
     alcohol. Such sanctions, as determined by the Secretary, may 
     include electronic monitoring; alcohol interlocks; intensive 
     supervision of probation; vehicle impoundment confiscation, 
     or forfeiture; and dedication detention facilities.
       ``(E) Graduated licensing system.--A three-stage graduated 
     licensing system for young drivers that includes nighttime 
     driving restrictions during the first 2 stages, requires all 
     vehicle occupants to be properly restrained, and makes it 
     unlawful for a person under age 21 to operate a motor vehicle 
     with a blood alcohol concentration of .02 percent or greater.
       ``(2) Basic grant b.--Both of the following:
       ``(A) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to such a test as 
     requested by a law enforcement officer, the State agency 
     responsible for administering drivers' licenses, upon 
     receiving the report of the law enforcement officer--
       ``(I) shall suspend the drivers' license of such person for 
     a period of not less than 90

[[Page S10156]]

     days if such person is a first offender in such 5-year 
     period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and
       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or receives notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures; and
       ``(B) .08 BAC per se law.--A law that provides that any 
     person with a blood alcohol concentration of 0.08 percent or 
     greater while operating a motor vehicle shall be deemed to be 
     driving while intoxicated.
       ``(3) Basic grant c.--Both of the following:
       ``(A) Fatal impaired driver percentage reduction.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has 
     decreased in each of the 3 most recent calendar years for 
     which statistics for determining such percentages are 
     available; and
       ``(B) Fatal impaired driver percentage comparison.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has been 
     lower than the average percentage for all States in each of 
     such calendar years.
       ``(4) Basic grant amount.--The amount of each basic grant 
     under this subsection for any fiscal year shall be up to 15 
     percent of the amount apportioned to the State for fiscal 
     year 1997 under section 402 of this title.
       ``(5) Alcohol-impaired driving countermeasures: 
     supplemental grants.--During the period in which a State is 
     eligible for a basic grant under this subsection, the State 
     shall be eligible to receive a supplemental grant in no more 
     than 2 fiscal years of up to 5 percent of the amount 
     apportioned to the State in fiscal year 1997 under section 
     402 of this title. The State may receive a separate 
     supplemental grant for meeting each of the following 
     criteria:
       ``(A) Open container laws.--The State makes unlawful the 
     possession of any open alcoholic beverage container, or the 
     consumption of any alcoholic beverage, in the passenger area 
     of any motor vehicle located on a public highway or the 
     right-of-way of a public highway, except--
       ``(i) as allowed in the passenger area, by a person (other 
     than the driver), of any motor vehicle designed to transport 
     more than 10 passengers (including the driver) while being 
     used to provide charter transportation of passengers; or
       ``(ii) as otherwise specifically allowed by such State, 
     with the approval of the Secretary, but in no event may the 
     driver of such motor vehicle be allowed to possess or consume 
     an alcoholic beverage in the passenger area.
       ``(B) Mandatory blood alcohol concentration testing 
     programs.--The State provides for mandatory blood alcohol 
     concentration testing whenever a law enforcement officer has 
     probable cause under State law to believe that a driver of a 
     motor vehicle involved in a crash resulting in the loss of 
     human life or, as determined by the Secretary, serious bodily 
     injury, has committed an alcohol-related traffic offense.
       ``(C) Video equipment for detection of drunk drivers.--The 
     State provides for a program to acquire video equipment to be 
     used in detecting persons who operate motor vehicles while 
     under the influence of alcohol and in prosecuting those 
     persons, and to train personnel in the use of that 
     equipment.
       ``(D) Blood alcohol concentration for persons under age 
     21.--The State enacts and enforces a law providing that any 
     person under age 21 with a blood alcohol concentration of 
     0.02 percent or greater when driving a motor vehicle shall be 
     deemed to be driving while intoxicated or driving under the 
     influence of alcohol, and further provides for a minimum 
     suspension of the person's driver's license for not less than 
     30 days.
       ``(E) Self-sustaining drunk driving prevention program.--
     The State provides for a self-sustaining drunk driving 
     prevention program under which a significant portion of the 
     fines or surcharges collected from individuals apprehended 
     and fined for operating a motor vehicle while under the 
     influence of alcohol are returned to those communities which 
     have comprehensive programs for the prevention of such 
     operations of motor vehicles.
       ``(F) Reducing driving with a suspended license.--The State 
     enacts and enforces a law to reduce driving with a suspended 
     license. Such law, as determined by the Secretary, may 
     require a ``zebra'' stripe that is clearly visible on the 
     license plate of any motor vehicle owned and operated by a 
     driver with a suspended license.
       ``(G) Effective dwi tracking system.--The State 
     demonstrates an effective driving while intoxicated (DWI) 
     tracking system. Such a system, as determined by the 
     Secretary, may include data covering arrests, case 
     prosecutions, court dispositions and sanctions, and provide 
     for the linkage of such data and traffic records systems to 
     appropriate jurisdictions and offices within the State.
       ``(H) Asessment of persons convicted of abuse of controlled 
     substances; assignment of treatment for all dwi/dui 
     offenders.--The State provides for assessment of individuals 
     convicted of driving while intoxicated or driving under the 
     influence of alcohol or controlled substances, and for the 
     assignment of appropriate treatment.
       ``(I) Use of passive alcohol sensors.--The State provides 
     for a program to acquire passive alcohol sensors to be used 
     by police officers in detecting persons who operate motor 
     vehicles while under the influence of alcohol, and to train 
     police officers in the use of that equipment.
       ``(J) Effective penalties for provision or sale of alcohol 
     to persons under 21.--The State enacts and enforces a law 
     that provides for effective penalties or other consequences 
     for the sale or provision of alcoholic beverages to any 
     individual under 21 years of age. The Secretary shall 
     determine what penalties are effective.
       ``(6) Definitions.--For the purposes of this subsection, 
     the following definitions apply:
       ``(A) `Alcoholic beverage' has the meaning such term has 
     under section 158(c) of this title.
       ``(B) `Controlled substances' has the meaning such term has 
     under section 102(6) of the Controlled Substances Act (21 
     U.S.C. 802(6)).
       ``(C) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
       ``(D) `Open alcoholic beverage container' means any bottle, 
     can, or other receptacle--
       ``(i) which contains any amount of an alcoholic beverage; 
     and
       ``(ii)(I) which is open or has a broken seal, or
       ``(II) the contents of which are partially removed.
       ``(m) State Highway Safety Data Improvements.--The 
     Secretary shall make a grant to a State that takes effective 
     actions to improve the timeliness, accuracy, completeness, 
     uniformity, and accessibility of the State's data needed to 
     identify priorities within State and local highway and 
     traffic safety programs, to evaluate the effectiveness of 
     such efforts, and to link these State data systems, including 
     traffic records, together and with other data systems within 
     the State, such as systems that contain medical and economic 
     data:
       ``(1) First-Year Grant Eligibility.--A State is eligible 
     for a first-year grant under this subsection in a fiscal year 
     if such State either:
       ``(A) Demonstrates, to the satisfaction of the Secretary, 
     that it has--
       ``(i) established a Highway Safety Data and Traffic Records 
     Coordinating Committee with a multi-disciplinary membership 
     including the administrators, collectors, and users of such 
     data (including the public health, injury control, and motor 
     carrier communities) of highway safety and traffic records 
     databases;
       ``(ii) completed within the preceding 5 years a highway 
     safety data and traffic records assessment or audit of its 
     highway safety data and traffic records system; and
       ``(iii) initiated the development of a multi-year highway 
     safety data and traffic records strategic plan to be approved 
     by the Highway Safety Data and Traffic Records Coordinating 
     Committee that identifies and prioritizes its highway safety 
     data and traffic records needs and goals, and that identifies 
     performance-based measures by which progress toward those 
     goals will be determined; or
       ``(B) Provides, to the satisfaction of the Secretary--
       ``(i) certification that it has met the provisions outlined 
     in clauses (A)(i) and (A)(ii) of subparagraph (A) of this 
     paragraph;
       ``(ii) a multi-year plan that identifies and prioritizes 
     the State's highway safety data and traffic records needs and 
     goals, that specifies how its incentive funds for the fiscal 
     year will be used to address those needs and the goals of the 
     plan, and that identifies performance-based measures by which 
     progress toward those goals will be determined; and
       ``(iii) certification that the Highway Safety Data and 
     Traffic Records Coordinating Committee continues to operate 
     and supports the multi-year plan described in clause (B)(ii) 
     of this subparagraph.
       ``(2) First-year grant amount.--The amount of a first-year 
     grant made for State highway safety data and traffic records 
     improvements for any fiscal year to any State eligible for 
     such a grant under subparagraph (1)(A) of paragraph (A) of 
     this subsection shall equal $1,000,000, subject to the 
     availability of appropriations, and for any State eligible 
     for such a grant under subparagraph (1)(B) of this 
     subsection shall equal a proportional amount of the amount 
     apportioned to the State for fiscal year 1997 under 
     section 402 of this title, except that no State shall 
     receive less than $250,000, subject to the availability of 
     appropriations. The Secretary may award a grant of up to 
     $25,000 for one year to any State that does not meet the 
     criteria established in paragraph (1). The grant may only 
     be used to conduct activities needed to enable that State 
     to qualify for first-year funding to begin in the next 
     fiscal year.
       ``(3) State highway safety data and traffic records 
     improvements; succeeding-year grants.--A State shall be 
     eligible for a grant in any fiscal year succeeding the first 
     fiscal year in which the State receives a State highway 
     safety data and traffic records grant if the State, to the 
     satisfaction of the Secretary:
       ``(A) Submits or updates a multi-year plan that identifies 
     and prioritizes the State's highway safety data and traffic 
     records needs and goals, that specifies how its incentive 
     funds for the fiscal year will be used to address those needs 
     and the goals of the plan, and that identifies performance-
     based

[[Page S10157]]

     measures by which progress toward those goals will be 
     determined;
       ``(B) Certifies that its Highway Safety Data and Traffic 
     Records Coordinating Committee continues to support the 
     multi-year plan; and
       ``(C) Reports annually on its progress in implementing the 
     multi-year plan.
       ``(4) Succeeding-year grant amounts.--The amount of a 
     succeeding-year grant made for State highway safety data and 
     traffic records improvements for any fiscal year to any State 
     that is eligible for such a grant shall equal a proportional 
     amount of the amount apportioned to the State for fiscal year 
     1997 under section 402 of this title, except that no State 
     shall receive less than $225,000, subject to the availability 
     of appropriations.''.
       (g) Occupant Protection Program.--
       (1) In general.--Section 410 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 410. Safety belts and occupant protection program

       ``The Secretary shall make basic grants to those States 
     that adopt and implement effective programs to reduce highway 
     deaths and injuries resulting from persons riding 
     unrestrained or improperly restrained in motor vehicles. A 
     State may establish its eligibility for one or both of the 
     grants by adopting or demonstrating the following to the 
     satisfaction of the Secretary:
       ``(1) Basic grant a.--At least 4 of the following:
       ``(A) Safety belt use law for all front seat occupants.--
     The State has in effect a safety belt use law that makes 
     unlawful throughout the State the operation of a passenger 
     motor vehicle whenever a person in the front seat of the 
     vehicle (other than a child who is secured in a child 
     restraint system) does not have a safety belt properly 
     secured about the person's body.
       ``(B) Primary safety belt use law.--The State provides for 
     primary enforcement of its safety belt use law.
       ``(C) Child passenger protection law.--The State has in 
     effect a law that requires minors who are riding in a 
     passenger motor vehicle to be properly secured in a child 
     safety seat or other appropriate restraint system.
       ``(D) Child occupant protection education program.--The 
     State demonstrates implementation of a statewide 
     comprehensive child occupant protection education program 
     that includes education about proper seating positions for 
     children in air bag equipped motor vehicles and instruction 
     on how to reduce the improper use of child restraints 
     systems. The states are to submit to the Secretary an 
     evaluation or report on the effectiveness of the programs at 
     least three years after receipt of the grant.
       ``(E) Minimum fines.--The State requires a minimum fine of 
     at least $25 for violations of its safety belt use law and a 
     minimum fine of at least $25 for violations of its child 
     passenger protection law.
       ``(F) Special traffic enforcement program.--The State 
     demonstrates implementation of a statewide Special Traffic 
     Enforcement Program for occupant protection that emphasizes 
     publicity for the program.
       ``(2) Basic grant b.--Both of the following:
       ``(A) State safety belt use rate.--The State demonstrates a 
     statewide safety belt use rate in both front outboard seating 
     positions in all passenger motor vehicles of 80 percent or 
     higher in each of the first 3 years a grant under this 
     paragraph is received, and of 85 percent or higher in each of 
     the fourth, fifth, and sixth years a grant under this 
     paragraph is received.
       ``(B) Survey method.--The State follows safety belt use 
     survey methods which conform to guidelines issued by the 
     Secretary ensuring that such measurements are accurate and 
     representative.
       ``(3) Basic grant amount.--The amount of each basic grant 
     for which a State qualifies under this subsection for any 
     fiscal year shall equal up to 20 percent of the amount 
     apportioned to the State for fiscal year 1997 under section 
     402 of this title.
       ``(4) Occupant protection program: supplemental grants.--
     During the period in which a State is eligible for a basic 
     grant under this subsection, the State shall be eligible to 
     receive a supplemental grant in a fiscal year of up to 5 
     percent of the amount apportioned to the State in fiscal 
     year 1997 under section 402 of this title. The State may 
     receive a separate supplemental grant for meeting each of 
     the following criteria:
       ``(A) Penalty points against a driver's license for 
     violations of child passenger protection requirements.--The 
     State has in effect a law that requires the imposition of 
     penalty points against a driver's license for violations of 
     child passenger protection requirements.
       ``(B) Elimination of non-medical exemptions to safety belt 
     and child passenger protection laws.--The State has in effect 
     safety belt and child passenger protection laws that contain 
     no nonmedical exemptions.
       ``(C) Safety belt use in rear seats.--The State has in 
     effect a law that requires safety belt use by all rear-seat 
     passengers in all passenger motor vehicles with a rear seat.
       ``(5) Definitions.--As used in this subsection--
       ``(A) `Child safety seat' means any device except safety 
     belts, designed for use in a motor vehicle to restrain, seat, 
     or position children who weighs 50 pounds or less.
       ``(B) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
       ``(C) `Multipurpose passenger vehicle' means a motor 
     vehicle with motive power (except a trailer), designed to 
     carry not more than 10 individuals, that is constructed 
     either on a truck chassis or with special features for 
     occasional off-road operation.
       ``(D) `Passenger car' means a motor vehicle with motive 
     power (except a multipurpose passenger vehicle, motorcycle, 
     or trailer) designed to carry not more than 10 individuals.
       ``(E) `Passenger motor vehicle' means a passenger car or a 
     multipurpose passenger motor vehicle.
       ``(F) `Safety belt' means--
       ``(i) with respect to open-body passenger vehicles, 
     including convertibles, an occupant restraint system 
     consisting of a lap belt or a lap belt and a detachable 
     shoulder belt; and
       ``(ii) with respect to other passenger vehicles, an 
     occupant restraint system consisting of integrated lap and 
     shoulder belts.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     4 of that chapter is amended by striking the item relating to 
     section 410 and inserting the following:

``410. Safety belts and occupant protection program''.

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

     SEC. 102. NATIONAL DRIVER REGISTER.

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

[[Page S10158]]

       (4) by striking ``paragraph (2)'' in paragraph (10), as 
     redesignated, and inserting ``subsection (a) of this 
     section''.

     SEC. 103. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Highway Safety Programs.--The following sums are 
     authorized to be appropriated out of the Highway Trust Fund 
     (other than the Mass Transit Account):
       (1) Consolidated state highway safety programs.--
       (A) For carrying out the State and Community Highway Safety 
     Program under section 402 of title 23, United States Code, by 
     the National Highway Traffic Safety Administration, except 
     for the incentive programs under subsections (l) and (m) of 
     that section, $142,700,000 for fiscal year 1998, and $166,700 
     for each of fiscal years 1999, 2000, 2001, and 2002, and 
     $171,034,000 for fiscal year 2003.
       (B) To carry out the alcohol-impaired driving 
     countermeasures incentive grant provisions of subsection (l) 
     of section 402 of title 23, United States Code, by the 
     National Highway Traffic Safety Administration, $35,000,000 
     for fiscal year 1998, $39,000,000 for each of fiscal years 
     1999, 2000, and 2001, $46,000,000 for fiscal year 2002, and 
     $49,000,000 for fiscal year 2003. Amounts made available to 
     carry out subsection (l) are authorized to remain available 
     until expended, provided that, in each fiscal year the 
     Secretary may reallocate any amounts remaining available 
     under subsections (l) and (m) of section 402 of title 23, 
     United States Code, as necessary to ensure, to the maximum 
     extent possible, that States may receive the maximum 
     incentive funding for which they are eligible under these 
     programs.
       (C) To carry out the occupant protection program incentive 
     grant provisions of section 410 of title 23, United States 
     Code, by the National Highway Traffic Safety Administration, 
     $20,000,000 for fiscal year 1998, $22,000,000 for each of 
     fiscal years 1999, 2000, and 2001, $24,000,000 for fiscal 
     year 2002, and $23,312,000 for fiscal year 2003. Amounts made 
     available to carry out subsection (m) are authorized to 
     remain available until expended, provided that, in each 
     fiscal year the Secretary may reallocate any amounts 
     remaining available under subsections (l) and (m) to 
     subsections (l), (n), and (o) of section 402 of title 23, 
     United States Code, as necessary to ensure, to the maximum 
     extent possible, that States may receive the maximum 
     incentive funding for which they are eligible under these 
     programs.
       (D) To carry our the State highway safety data improvements 
     incentive grant provisions of subsection (n) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration, $12,000,000 for each of fiscal years 1998, 
     1999, 2000, and 2001. Amounts made available to carry out 
     subsection (n) are authorized to remain available until 
     expended.
       (2) NHTSA operations and research.--For carrying out the 
     functions of the Secretary, by the National Highway Traffic 
     Safety Administration, for traffic and highway safety under 
     (A) section 403 of title 23, United States Code (Highway 
     Safety Research and Development), (B) Chapter 301 of Title 
     49, United States Code (Motor Vehicle Safety), and (C) Part C 
     of Subtitle VI of Title 49, United States Code (Information, 
     Standards, and Requirements), there are authorized to be 
     appropriated $147,500,000, for each of fiscal years 1998, 
     1999, 2000, 2001, and 2002, and $15,335,000 for fiscal year 
     2003.
       (E) To carry out the drugged driving research and 
     demonstration programs of section 403(b)(1) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration, $2,500,000 for each of fiscal years 1999, 
     2000, 2001, and 2002, and $1,000,000 for fiscal year 2003.
       (3) National driver register.--For carrying out chapter 303 
     (National Driver Register) of title 49, United States Code, 
     by the National Highway Traffic Safety Administration, there 
     are authorized to be appropriated under section 30308(a) of 
     such chapter $2,300,000 for each of fiscal years 1998, 1999, 
     2000, 2001, and 2002, and $2,360,000 for fiscal year 2003.

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

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

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

       Section 32302 is amended by striking subsection (c).

     SEC. 106. AMENDMENT TO CHAPTER 329 (AUTOMOBILE FUEL ECONOMY).

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

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

       Section 33104(a)(6) is repealed.

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

       Section 30112 is amended by adding at the end thereof the 
     following:

[[Page S10159]]

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

      TITLE II--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

     SEC. 201. SHORT TITLE.

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

     SEC. 202. FINDINGS AND PURPOSES; DEFINITIONS.

       (a) Findings and Purposes.--Section 5101 is amended to read 
     as follows:

     ``Sec. 5101. Findings and purposes

       ``(a) Findings.--The Congress finds with respect to 
     hazardous materials transportation that--
       ``(1) approximately 4 billion tons of regulated hazardous 
     materials are transported each year and that approximately 
     500,000 movements of hazardous materials occur each day, 
     according to the Department of Transportation estimates;
       ``(2) accidents involving the release of hazardous 
     materials are a serious threat to public health and safety;
       ``(3) many States and localities have enacted laws and 
     regulations that vary from Federal laws and regulations 
     pertaining to the transportation of hazardous materials, 
     thereby creating the potential for unreasonable hazards in 
     other jurisdictions and confounding shippers and carriers 
     that attempt to comply with multiple and conflicting 
     registration, permitting, routings, notification, loading, 
     unloading, incidental storage, and other regulatory 
     requirements;
       ``(4) because of the potential risks of life, property and 
     the environment posed by unintentional releases of hazardous 
     materials, consistency in laws and regulations governing the 
     transportation of hazardous materials, including loading, 
     unloading, and incidental storage, is necessary and 
     desirable;
       ``(5) in order to achieve greater uniformity and to promote 
     the public health, welfare, and safety at all levels, Federal 
     standards for regulating the transportation of hazardous 
     materials in intrastate, interstate, and foreign commerce are 
     necessary and desirable;
       ``(6) in order to provide reasonable, adequate, and cost-
     effective protection from the risks posed by the 
     transportation of hazardous materials, a network of 
     adequately trained State and local emergency response 
     personnel is required;
       ``(7) the movement of hazardous materials in commerce is 
     necessary and desirable to maintain economic vitality and 
     meet consumer demands, and shall be conducted in a safe and 
     efficient manner; and
       ``(8) primary authority for the regulation of such 
     transportation should be consolidated in the Department of 
     Transportation to ensure the safe and efficient movement of 
     hazardous materials in commerce.
       ``(9) emergency response personnel have a continuing need 
     for training on responses to releases of hazardous materials 
     in transportation and small business have a continuing need 
     for training on compliance with hazardous materials 
     regulations.
       ``(b) Purposes.--The purposes of this chapter are--
       ``(1) to ensure the safe and efficient transportation of 
     hazardous materials in intrastate, interstate, and foreign 
     commerce, including the loading, unloading, and incidental 
     storage of hazardous material;
       ``(2) to provide the Secretary with preemption authority to 
     achieve uniform regulation of hazardous material 
     transportation, to eliminate inconsistent rules that apply 
     differently from Federal rules, to ensure efficient movement 
     of hazardous materials in commerce, and to promote the 
     national health, welfare, and safety; and
       ``(3) to ensure adequate training of hazardous materials 
     emergency responders, including small businesses involved in 
     hazardous materials transportation.''.
       (b) Definitions.--Section 5102 is amended by--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) `commerce' means trade or transportation in the 
     jurisdiction of the United States--
       ``(A) between a place in a State and a place outside of the 
     State;
       ``(B) that affects trade or transportation between a place 
     in a State and a place outside of the State; or
       ``(C) on a United States-registered aircraft.'';
       (2) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) `hazmat employee' means an individual who--
       ``(A) is--
       ``(i) employed by a hazmat employer,
       ``(ii) self-employed, or
       ``(iii) an owner-operator of a motor vehicle; and
       ``(B) during the course of employment--
       ``(i) loads, unloads, or handles hazardous material;
       ``(ii) manufactures, reconditions, or tests containers, 
     drums, or other packagings represented as qualified for use 
     in transporting hazardous material;
       ``(iii) performs any function pertaining to the offering of 
     hazardous material for transportation;
       ``(iv) is responsible for the safety of transporting 
     hazardous material; or
       ``(v) operates a vehicle used to transport hazardous 
     material.
       ``(4) `hazmat employer' means a person who--
       ``(A) either--
       ``(i) is self-employed,
       ``(ii) is an owner-operator of a motor vehicle, or
       ``(iii) has at least one employee; and
       ``(B) performs a function, or uses at least one employee, 
     in connection with--
       ``(i) transporting hazardous material in commerce;
       ``(ii) causing hazardous material to be transported in 
     commerce, or
       ``(iii) manufacturing, reconditioning, or testing 
     containers, drums, or other packagings represented as 
     qualified for use in transporting hazardous material.'';
       (3) by striking ``title.'' in paragraph (7) and inserting 
     ``title, except that a freight forwarder is included only if 
     performing a function related to highway transportation'';
       (4) by redesignating paragraphs (9) through (13) as 
     paragraphs (12) through (16);
       (5) by inserting after paragraph (8) the following;
       ``(9) `out-of-service order' means a mandate that an 
     aircraft, vessel, motor vehicle, train, other vehicle, or a 
     part of any of these, not be moved until specified conditions 
     have been met.
       ``(10) `package' or `outside package' means a packaging 
     plus its contents.
       ``(11) `packaging' means a receptacle and any other 
     components or materials necessary for the receptacle to 
     perform its containment function in conformance with the 
     minimum packaging requirements established by the Secretary 
     of Transportation.''; and
       (6) by striking ``or transporting hazardous material to 
     further a commercial enterprise;'' in paragraph 12(A), as 
     redesignated by paragraph (4) of this subsection, and 
     inserting a comma and ``transporting hazardous material to 
     further a commercial enterprise, or manufacturing, 
     reconditioning, or testing containers, drums, or other 
     packagings represented as qualified for use in transporting 
     hazardous material''.
       (c) Clerical Amendment.--The chapter analysis of chapter 51 
     is amended by striking the item relating to section 5101 and 
     inserting the following:

``5101. Findings and purposes''.

     SEC. 203. HANDLING CRITERIA REPEAL.

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

     SEC. 204. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

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

     SEC. 205. REGISTRATION.

       Section 5108 is amended by--
       (1) by striking subsection (b)(1)(C) and inserting the 
     following:
       ``(C) each State in which the person carries out any of the 
     activities.'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Filing Schedule.--Each person required to file a 
     registration statement under subsection (a) of this section 
     shall file that statement annually in accordance with 
     regulations issued by the Secretary.'';
       (3) by striking ``552(f)'' in subsection (f) and inserting 
     ``552(b)''; and
       (4) by striking ``may'' in subsection (g)(1) and inserting 
     ``shall''.
       (5) by amending Sec. 5108(I)(2)(B) by adding ``an INDIAN 
     TRIBE'' after ``STATE,''

     SEC. 206. HIGHWAY TRANSPORTATION OF HAZARDOUS MATERIALS.

       (a) In General.--Section 5109 is amended to read as 
     follows:

     ``Sec. 5109. Hazardous materials pilot program

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

``5109. Hazardous materials pilot program''.

     SEC. 207. SHIPPING PAPER RETENTION.

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

     SEC. 208. PUBLIC SECTOR TRAINING CURRICULUM.

       Section 5115 is amended by--

[[Page S10160]]

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

     SEC. 209. PLANNING AND TRAINING GRANTS.

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

     SEC. 210 SPECIAL PERMITS AND EXCLUSIONS.

       (a) Section 5117 is amended by--
       (1) by striking the section caption and inserting the 
     following:

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

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

``5117. Special permits and exclusions''.

     SEC. 211. COOPERATIVE AGREEMENTS.

       Section 5121, as amended by section 211(a), is further 
     amended by adding at the end thereof the following:
       ``(c) Authority for Cooperative Agreements.--To carry out 
     this chapter, the Secretary may enter into grants, 
     cooperative agreements, and other transactions with a person, 
     agency or instrumentality of the United States, a unit of 
     State or local government, an Indian tribe, a foreign 
     government (in coordination with the State Department), an 
     educational institution, or other entity to further the 
     objectives of this chapter. The objectives of this chapter 
     include the conduct of research, development, demonstration, 
     risk assessment, emergency response planning and training 
     activities.''.

     SEC. 212. ENFORCEMENT.

       Section 5122, as amended by section 211(b), is further 
     amended by--
       (1) by inserting ``inspect,'' after ``may'' in the first 
     sentence of subsection (a);
       (2) by striking the last sentence of subsection (a) and 
     inserting: ``Except as provided in subsection (e) of this 
     section, the Secretary shall provide notice and an 
     opportunity for a hearing prior to issuing an order requiring 
     compliance with this chapter or a regulation, order, special 
     permit, or approval issued under this chapter.'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), and inserting after subsection (c) the 
     following:
       ``(d) Other Authority.--During inspections and 
     investigations, officers, employees, or agents of the 
     Secretary may--
       ``(1) open and examine the contents of a package offered 
     for, or in, transportation when--
       ``(A) the package is marked, labeled, certified, placarded, 
     or otherwise represented as containing a hazardous material, 
     or
       ``(B) there is an objectively reasonable and articulable 
     belief that the package may contain a hazardous material;
       ``(2) take a sample, sufficient for analysis, of material 
     marked or represented as a hazardous material or for which 
     there is an objectively reasonable and articulable belief 
     that the material may be a hazardous material, and analyze 
     that material;
       ``(3) when there is an objectively reasonable and 
     articulable belief that an imminent hazard may exist, prevent 
     the further transportation of the material until the 
     hazardous qualities of that material have been determined; 
     and
       ``(4) when safety might otherwise be compromised, authorize 
     properly qualified personnel to conduct the examination, 
     sampling, or analysis of a material.
       ``(e) Emergency Orders.--
       ``(1) If, through testing, inspection, investigation, or 
     research carried out under this chapter, the Secretary 
     decides that an unsafe condition or practice, or a 
     combination of them, causes an emergency situation involving 
     a hazard of death, personal injury, or significant harm to 
     the environment, the Secretary may immediately issue or 
     impose restrictions, prohibitions, recalls, or out-of-service 
     orders, without notice or the opportunity for a hearing, that 
     may be necessary to abate the situation.
       ``(2) The Secretary's action under this subsection must be 
     in a written order describing the condition or practice, or 
     combination of them, that causes the emergency situation; 
     stating the restrictions, prohibitions, recalls, or out-of-
     service orders being issued or imposed; and prescribing 
     standards and procedures for obtaining relief from the order.
       ``(3) After taking action under this subsection, the 
     Secretary shall provide an opportunity for review of that 
     action under section 554 of title 5.
       ``(4) If a petition for review is filed and the review is 
     not completed by the end of the 30-day period beginning on 
     the date the petition was filed, the action will cease to be 
     effective at the end of that period unless the Secretary 
     determines in writing that the emergency situation still 
     exists.''.

     SEC. 213. PENALTIES.

       (a) Section 5123(a)(1) is amended by striking the first 
     sentence and inserting the following: ``A person that 
     knowingly violates this chapter or a regulation, order, 
     special permit, or approval issued under this chapter is 
     liable to the United States Government for a civil penalty of 
     at least $250 but not more than $27,500 for each 
     violation.''.
       (b) Section 5123(c)(2) is amended to read as follows:
       ``(2) with respect to the violator, the degree of 
     culpability, any good-faith efforts to comply with the 
     applicable requirements, any history of prior violations, any 
     economic benefit resulting from the violation, the ability to 
     pay, and any effect on the ability to continue to do 
     business; and''.
       (c) Section 5124 is amended to read as follows:

     Sec. 5124. Criminal penalty

       ``(a) In General.--A person knowingly violating section 
     5104(b) of this title or willfully violating this chapter or 
     a regulation, order, special permit, or approval issued under 
     this chapter, shall be fined under title 18, imprisoned for 
     not more than 5 years, or both.
       ``(b) Aggravated Violations.--A person knowingly violating 
     section 5104(b) of this title or willfully violating this 
     chapter or a regulation, order, special permit, or approval 
     issued under this chapter, and thereby causing the release of 
     hazardous material, shall be fined under title 18, imprisoned 
     for not more than 20 years, or both.''.

     SEC. 214. PREEMPTION.

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

     SEC. 215. JUDICIAL REVIEW.

       (a) Chapter 51 is amended by redesignating section 5127 as 
     section 5128, and by inserting after section 5126 the 
     following new section:

     Sec. 5127. Judicial review

       ``(a) Filing and Venue.--Except as provided in section 
     20114(c) of this title, a person disclosing a substantial 
     interest in a final order issued, under the authority of 
     section 5122 or 5123 of this title, by the Secretary of 
     Transportation, the Administrators of the Research and 
     Special Programs Administration, the Federal Aviation 
     Administration, or the Federal Highway Administration, or the 
     Commandant of the United States Coast Guard (`modal 
     Administrator'), with respect to the duties and powers 
     designated to be carried out by the Secretary under this 
     chapter, may apply for review in the United States Court of 
     Appeals for the District of Columbia or in the court of 
     appeals for the United States for the circuit in which the 
     person resides or has its principal place of business. The 
     petition must be filed not more than 60 days after the order 
     is issued. The court may allow the petition to be filed after 
     the 60th day only if there are reasonable grounds for not 
     filing by the 60th day.
       ``(b) Judicial Procedures.--When a petition is filed under 
     subsection (a) of this section, the clerk of the court 
     immediately shall send a copy of the petition to the 
     Secretary or the modal Administrator, as appropriate. The 
     Secretary or the modal Administrator shall file with the 
     court a record of any proceeding in which the order was 
     issued, as provided in section 2112 of title 28.
       ``(c) Authority of Court.--When the petition is sent to the 
     Secretary or the modal Administrator, the court has exclusive 
     jurisdiction to affirm, amend, modify, or set aside any part 
     of the order and may order the Secretary or the modal 
     Administrator to conduct further proceedings. After 
     reasonable notice to the Secretary or the modal

[[Page S10161]]

     Administrator, the court may grant interim relief by staying 
     the order or taking other appropriate action when good cause 
     for its action exists. Findings of fact by the Secretary or 
     the modal Administrator, if supported by substantial 
     evidence, are conclusive.
       ``(d) Requirement for Prior Objection.--In reviewing a 
     final order under this section, the court may consider an 
     objection to a final order of the Secretary or the modal 
     Administrator only if the objection was made in the course of 
     a proceeding or review conducted by the Secretary, the modal 
     Administrator, or an administrative law judge, or if there 
     was a reasonable ground for not making the objection in the 
     proceeding.
       ``(e) Supreme Court Review.--A decision by a court under 
     this section may be reviewed only by the Supreme Court under 
     section 1254 of title 28, United States Code.''.
       (b) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5127 and inserting the 
     following:

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

     SEC. 216. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 216 of 
     this Act, is amended by redesignating section 5128 as section 
     5129 and by inserting after section 5127 the following:

     Sec. 5128. High risk hazardous material; motor carrier safety 
       study

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

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

     SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

       Section 5129, as redesignated, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General.--Not more than $15,492,000 may be 
     appropriated to the Secretary of Transportation for fiscal 
     year 1998, and such sums as may be necessary for fiscal years 
     1999, 2000, 2001, 2002, and 2003, to carry out this chapter 
     (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 
     5119).'';
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Training Curriculum,--Not more than $200,000 is 
     available to the Secretary of Transportation from the account 
     established under section 5116(i) of this title for each of 
     the fiscal years ending September 30, 1999-2003, to carry out 
     section 5115 of this title.
       ``(d) Planning and Training.--
       (1) Not more than $2,444,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) of this title for the fiscal year ending September 
     30, 1998, and such sums as may be necessary for fiscal years 
     1999-2003, to carry out section 5116(a) of this title.
       ``(2) Not more than $3,666,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) of this title for the fiscal year 
     ending September 30, 1998, and such sums as may be necessary 
     for fiscal years 1999-2003, to carry out section 5116(b) of 
     this title.
       ``(3) Not more than $600,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) of this title for the fiscal year ending September 
     30, 1998, and such sums as may be necessary for fiscal years 
     1999-2003, to carry out section 5116(f) of this title.''; and
       (3) striking subsection (e) and inserting the following:
       ``(e) Uniform Forms and Procedures.--Not more than $250,000 
     may be appropriated to the Secretary of Transportation for 
     each of fiscal years 1998, 1999, and 2000 for making grants 
     under section 5119(c).''.

                TITLE III--SANITARY FOOD TRANSPORTATION

     SEC. 301. SHORT TITLE.

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

     SEC. 302. FINDINGS.

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

     SEC. 303. RESPONSIBILITIES OF THE SECRETARY OF HEALTH AND 
                   HUMAN SERVICES.

       (a) Unsanitary Transport Deemed Adulteration.--Section 402 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) 
     is amended by adding at the end the following:
       ``(h) If it is transported under conditions that are not in 
     compliance with the sanitary transportation practices 
     prescribed by the Secretary under section 414.''.
       (b) Sanitary Transportation Requirements.--Chapter IV of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 414. SANITARY TRANSPORTATION OF FOOD.

       ``(a) Sanitary Transportation Practices.--The Secretary 
     shall establish by regulation sanitary transportation 
     practices which shippers, carriers, receivers, and other 
     persons engaged in the transportation of food shall be 
     required to follow to ensure that the food is not transported 
     under conditions that may render it adulterated, including 
     such practices as the Secretary may find appropriate relating 
     to--
       ``(1) sanitation;
       ``(2) packaging, isolation, and other protective measures;
       ``(3) limitations on the use of vehicles;
       ``(4) information to be disclosed--
       ``(A) to a carrier by a person arranging for the transport 
     of food, and
       ``(B) to a manufacturer or other persons arranging for the 
     transport of food by a carrier or other person furnishing a 
     tank or bulk vehicle for the transport of food; and
       ``(5) recordkeeping.
       ``(b) List of Unacceptable Nonfood Product.--The Secretary, 
     by publication in the Federal Register, may establish and 
     periodically amend--
       ``(1) a list of nonfood products that the Secretary 
     determines may, if shipped in a tank or bulk vehicle, render 
     adulterated food transported subsequently in such vehicle; 
     and
       ``(2) a list of nonfood products that the Secretary 
     determines may, if shipped in a motor or rail vehicle (other 
     than a tank or bulk vehicle), render adulterated food 
     transported simultaneously or subsequently in such vehicle.
       ``(c) Waiver Authority.--
       ``(1) In general.--The Secretary may waive all or part of 
     this section, or any requirement under this section, with 
     respect to any class of persons, of vehicles, of food, or of 
     nonfood products, if the Secretary determines that such 
     waiver--
       ``(A) will not result in the transportation of food under 
     conditions that would be unsafe for human or animal health; 
     and
       ``(B) will not be contrary to the public interest or this 
     Act.
       ``(2) Publication.--The Secretary shall publish in the 
     Federal Register any waiver and the reasons for the waiver.
       ``(d) Preemption.--
       ``(1) In general.--No State or political subdivision of a 
     State may directly or indirectly establish or continue in 
     effect, as to any food in interstate commerce, any authority 
     or requirement concerning that transportation of food that is 
     not identical to the requirement of this section.
       ``(2) Effective date.--The provisions of this subsection 
     apply only with respect to transportation occurring on or 
     after the effective date of regulations prescribed under 
     subsection (a).

[[Page S10162]]

       ``(e) Assistance of Other Agencies.--The Secretary of 
     Transportation, the Secretary of Agriculture, the 
     Administrator of the Environmental Protection Agency, and the 
     heads of other Federal agencies, as appropriate, shall 
     provide assistance upon request, to the extent resources are 
     available, to the Secretary of Health and Human Services for 
     the purposes of carrying out this section.
       ``(f) Definitions.--For purposes of this section--
       ``(1) The term `transportation' means any movement of 
     property in commerce by motor vehicle or rail vehicle.
       ``(2) The term `tank or bulk vehicle' includes any vehicle 
     in which food is shipped in bulk and in which the food comes 
     directly into contact with the vehicle, including tank 
     trucks, hopper trucks, rail tank cars, hopper cars, cargo 
     tanks, portable tanks, freight containers, or hopper bins.''.
       ``(c) Inspection of Transportation Records.--
       ``(1) Amendment of chapter VII.--Chapter VII of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 371 et seq.) is 
     amended by inserting after section 703 the following new 
     section:

     ``SEC. 703A. FOOD TRANSPORTATION RECORDS.

       ``Shippers, carriers by motor vehicle or rail vehicle, and 
     other persons subject to section 414 shall, upon request of 
     an officer or employee duly designated by the Secretary, 
     permit such officer or employee, at reasonable times, to have 
     access to and to copy all records that the Secretary requires 
     them to make or retain under section 414(a)(5) of this 
     Act.''.
       ``(2) Conforming amendment.--The second proviso of section 
     703 of the Act (21 U.S.C. 373) is amended by inserting ``, 
     unless otherwise explicitly provided,'' after ``That''.
       (d) Prohibited Acts.--1
       (1) Amendment of section 301(c).--Section 301(c) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is 
     amended by--
       (A) by striking ``or 703'' and inserting ``, 703, or 
     703A''; and
       (B) by inserting ``414,'' before ``505(i)''.
       (2) Unsafe food transportation.--Section 301 of the Act (21 
     U.S.C. 331) is further amended by--
       (A) by redesignating subsection (u) as subsection (v); and
       (B) by adding at the end the following new subsection:
       ``(w) The failure, by a shipper, carrier, receiver, or any 
     other person engaged in the transportation of food, to comply 
     with the sanitary transportation practices prescribed by the 
     Secretary under section 414.''.

     SEC. 304. DEPARTMENT OF TRANSPORTATION REQUIREMENTS.

       Chapter 57 relating to sanitary food transportation, is 
     amended to read as follows:

               ``CHAPTER 57--SANITARY FOOD TRANSPORTATION

``Sec.
``5701. Findings.
``5702. Food transportation safety inspections.

     ``Sec. 5701. Findings

       ``Congress finds that--
       ``(1) the United States public is entitled to receive food 
     and other consumer products that are not made unsafe because 
     of certain transportation practices;
       ``(2) The United States public is threatened by the 
     transportation of products potentially harmful to consumers 
     in motor vehicles and rail vehicles that are used to 
     transport food and other consumer products; and
       ``(3) the risks to consumers by those transportation 
     practices are unnecessary and those practices must be ended.

     ``Sec. 5702. Food transportation safety inspections

       ``(a) Inspection Procedures.--
       ``(1) The Secretary of Transportation, in consultation with 
     the Secretaries of Health and Human Services and Agriculture, 
     shall establish procedures to be used in performing 
     transportation safety inspections for the purpose of 
     identifying suspected incidents of contamination or 
     adulteration of food that may violate regulations issued 
     under section 414 of the Federal Food, Drug, and Cosmetic Act 
     and shall train personnel of the Department of Transportation 
     in the appropriate use of such procedures.
       ``(2) The procedures established under paragraph (1) of 
     this subsection shall apply, at a minimum, to the Department 
     of Transportation personnel who perform commercial motor 
     vehicle and railroad safety inspections.
       ``(b) Notification of Secretaries of Health and Human 
     Services and Agriculture.--The Secretary of Transportation 
     shall promptly notify the Secretary of Health and Human 
     Services or the Secretary of Agriculture, as applicable, of 
     any instances of potential food contamination or adulteration 
     of a food identified during transportation safety 
     inspections.
       ``(c) Use of State Employees.--The Secretary of 
     Transportation may carry out notification under subsection 
     (b) by transmittal of reports of inspections conducted in 
     accordance with such procedures by State employees using 
     funds authorized to be appropriated under sections 31102 
     through 31104 of this title.''.

     SEC. 305. EFFECTIVE DATE.

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

         TITLE IV--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM

     SEC. 401. SHORT TITLE.

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

     SEC. 402. PURPOSE.

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

     SEC. 403. AMENDMENTS TO THE ``WRECKING TRAINS'' STATUTE.

       (a) Section 1992 of title 18, United States Code, is 
     amended to read as follows:

     ``Sec. 1992. Terrorist attacks against railroads

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, set fire to, or disables any train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(2) brings, carries, possesses, places or causes to be 
     placed any destructive substance, or destructive device in, 
     upon, or near any train, locomotive, motor unit, or freight 
     or passenger car used, operated, or employed by a railroad 
     carrier, without previously obtaining the permission of the 
     carrier, and with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(3) sets fire to, or places any destructive substance, or 
     destructive device in, upon or near, or undermines any 
     tunnel, bridge, viaduct, trestle, track, signal, station, 
     depot, warehouse, terminal, or any other way, structure, 
     property, or appurtenance used in the operation of, or in 
     support of the operation of, a railroad carrier, or otherwise 
     makes any such tunnel, bridge, viaduct, trestle, track, 
     station, depot, warehouse, terminal, or any other way, 
     structure, property, or appurtenance unworkable or unusable 
     or hazardous to work or use, knowing or having reason to know 
     such activity would likely derail, disable, or wreck a train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of any railroad signal system, 
     including a train control system, centralized dispatching 
     system, or highway-railroad grade crossing warning signal on 
     a railroad line used, operated, or employed by a railroad 
     carrier;
       ``(5) interferes with, disables or incapacitates any 
     locomotive engineer, conductor, or other person while they 
     are operating or maintaining a train, locomotive, motor unit, 
     or freight or passenger car used, operated, or employed by a 
     railroad carrier, with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodily injury to an employee or passenger of a railroad 
     carrier while on the property of the carrier;
       ``(7) causes the release of a hazardous material being 
     transported by a rail freight car, with the intent to 
     endanger the safety of any person, or with a reckless 
     disregard for the safety of human life;
       ``(8) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(9) attempts, threatens, or conspires to do any of the 
     aforesaid acts, shall be fined under this title or imprisoned 
     not more than twenty years, or both, if such act is 
     committed, or in the case of a threat or conspiracy such 
     act would be committed, within the United States on, 
     against, or affecting a railroad carrier engaged in or 
     affecting interstate or foreign commerce, or if in the 
     course of committing such acts, that person travels or 
     communicates across a State line in order to commit such 
     acts, or transports materials across a State line in aid 
     of the commission of such acts; Provided however, that 
     whoever is convicted of any crime prohibited by this 
     subsection shall be:
       ``(A) imprisoned for not less than thirty years or for life 
     if the railroad train involved carried high-level radioactive 
     waste or spent nuclear fuel at the time of the offense;
       ``(B) imprisoned for life if the railroad train involved 
     was carrying passengers at the time of the offense; and
       ``(C) imprisoned for life or sentenced to death if the 
     offense has resulted in the death of any person.
       ``(b) Prohibitions on the Use of Firearms and Dangerous 
     Weapons.--
       ``(1) Except as provided in paragraph (4), whoever 
     knowingly possesses or causes to be present any firearm or 
     other dangerous weapon on board a passenger train of a 
     railroad carrier, or attempts to do so, shall be fined under 
     this title or imprisoned not more than one year, or both, if 
     such act is committed on a railroad carrier that is engaged 
     in or affecting interstate or foreign commerce, of if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(2) Whoever, with intent that a firearm or other 
     dangerous weapon be used in the commission of a crime, 
     knowingly possesses or causes to be present such firearm or 
     dangerous weapon on board a passenger train or in a passenger 
     terminal facility of a railroad carrier, or attempts to do 
     so, shall be fined under this title or imprisoned not more 
     than 5 years, or both, if such act is committed on a railroad 
     carrier that is engaged in or affecting interstate or foreign 
     commerce, or if in the course of committing such act, that 
     person travels or communicates across a

[[Page S10163]]

     State line in order to commit such act, or transports 
     materials across a State line in aid of the commission of 
     such act.
       ``(3) A person who kills or attempts to kill a person in 
     the course of a violation of paragraphs (1) or (2), or in the 
     course of an attack on a passenger train or a passenger 
     terminal facility of a railroad carrier involving the use of 
     a firearm or other dangerous weapon, shall be punished as 
     provided in sections 1111, 1112, and 1113 of this title.
       ``(4) Paragraph (1) shall not apply to:
       ``(A) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while engaged in 
     the lawful performance of official duties, who is authorized 
     by law to engage in the transportation of people accused or 
     convicted of crimes, or supervise the prevention, detection, 
     investigation, or prosecution of any violation of law;
       ``(B) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while off duty, if 
     such possession is authorized by law;
       ``(C) the possession of a firearm or other dangerous weapon 
     by a Federal official or a member of the Armed Forces is such 
     possession is authorized by law; or
       ``(D) an individual transporting a firearm on board a 
     railroad passenger train (except a loaded firearm) in baggage 
     not accessible to any passenger on board the train, if the 
     railroad carrier was informed of the presence of the weapon 
     prior to the firearm being placed on board the train.
       ``(c) Prohibition Against Propelling Objects.--Whoever 
     willfully or recklessly throws, shoots, or propels a rock, 
     stone, brick, or piece of iron, steel, or other metal or any 
     deadly or dangerous object or destructive substance at any 
     locomotive or car of a train, knowing or having reason to 
     know such activity would likely cause personal injury, shall 
     be fined under this title or imprisoned for not more than 5 
     years, or both, if such act is committed on or against a 
     railroad carrier engaged in or affecting interstate or 
     foreign commerce, or if in the course of committing such act, 
     that person travels or communicates across a State line in 
     order to commit such act, or transports materials across a 
     State line in aid of the commission of such act. Whoever is 
     convicted of any crime prohibited by this subsection shall 
     also be subject to imprisonment for not more than twenty 
     years if the offense has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon'' has the meaning given to that 
     term in section 930 of this title;
       ``(3) `destructive substance'' has the meaning given to 
     that term in section 31 of this title, except that (A) the 
     term `radioactive device' does not include any radioactive 
     device or material used solely for medical, industrial, 
     research, or other peaceful purposes, and (B) `destructive 
     substance' includes any radioactive device or material that 
     can be used to cause a harm listed in subsection (a) and that 
     is not in use solely for medical, industrial, research, or 
     other peaceful purposes;
       ``(4) `firearm' has the meaning given to that term in 
     section 921 of this title;
       ``(5) `hazardous material' has the meaning given to that 
     term in section 5102(2) of title 49, United States Code;
       ``(6) `high-level radioactive waste' has the meaning given 
     to that term in section 10101(12) of title 42, United States 
     Code;
       ``(7) `railroad' has the meaning given to that term in 
     section 20102(1) of title 49, United States Code;
       ``(8) `railroad carrier' has the meaning given to that term 
     in section 20102(2) of title 49, United States Code;
       ``(9) `serious bodily injury' has the meaning given to that 
     term in section 1365 of this title;
       ``(10) `spent nuclear fuel' has the meaning given to that 
     term in section 10101(23) of title 42, United States Code; 
     and
       ``(11) `State' has the meaning given to that term in 
     section 2266 of this title.''.
       (b) In the analysis of chapter 97 of title 18, United 
     States Code, item ``1992'' is amended to read:
``1992. Terrorist attacks against railroads''.

     SEC. 404. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.

       (a) Chapter 97 of title 18, United States Code, is amended 
     by adding at the end thereof the following new section:

     ``Sec. 1994. Terrorist attacks against mass transportation

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

[[Page S10164]]

     or foreign commerce, or if in the course of committing such 
     acts, that person travels or communicates across a State line 
     in order to commit such acts, or transports materials across 
     a State line in aid of the commission of such acts. Whoever 
     is convicted of any crime prohibited by this subsection shall 
     also be subject to imprisonment for not more than twenty 
     years if the offense has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon' has the meaning given to that term 
     in section 930 of this title;
       ``(3) `destructive substance' has the meaning given to that 
     term in section 31 of this title, except that (A) the term 
     `radioactive device' does not include any radioactive device 
     or material used solely for medical, industrial, research, or 
     other peaceful purposes, and (B) `destructive substance' 
     includes any radioactive device or material that can be used 
     to cause a harm listed in subsection (a) and that is not in 
     use solely for medical, industrial, research, or other 
     peaceful purposes;
       ``(4) `firearm' has the meaning given to that term in 
     section 921 of this title;
       ``(5) `mass transportation' has the meaning given to that 
     term in section 5302(a)(7) of title 49, United States Code, 
     except that the term shall include schoolbus, charter, and 
     sightseeing transportation;
       ``(6) `serious bodily injury' has the meaning given to that 
     term in section 1365 of this title; and
       ``(7) `State' has the meaning given to that term in section 
     2266 of this title.''.
       (b) The analysis of chapter 97 of title 18, United States 
     Code, is amended by adding at the end thereof:

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

     SEC. 405. INVESTIGATIVE JURISDICTION.

       The Federal Bureau of Investigation shall lead the 
     investigation of all offenses under sections 1192 and 1994 of 
     title 18, United States Code. The Federal Bureau of 
     Investigation shall cooperate with the National 
     Transportation Safety Board and with the Department of 
     Transportation in safety investigations by these agencies, 
     and with the Treasury Department's Bureau of Alcohol, Tobacco 
     and Firearms concerning an investigation regarding the 
     possession of firearms and explosives.

              TITLE V--RAIL AND MASS TRANSPORTATION SAFETY

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

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

     SEC. 502. RAILROAD ACCIDENT AND INCIDENT REPORTING.

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

     SEC. 503. VEHICLE WEIGHT LIMITATIONS--MASS TRANSPORTATION 
                   BUSES.

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

                     TITLE VI--MOTOR CARRIER SAFETY

     Subtitle A--State Grants and Other Commercial Vehicle Programs

     SEC. 601. STATEMENT OF PURPOSE.

       Chapter 311 is amended--
       (1) by inserting before section 31101 the following:

     ``Sec. 31100. Purpose

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

``Sec. 31100. Purposes''.

     SEC. 602. GRANTS TO STATES.

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

     SEC. 603. FEDERAL SHARE.

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

     SEC. 604. AVAILABILITY OF AMOUNTS.

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

[[Page S10165]]

       (d) Other Amendments.--
       (1) Section 31104 is amended by striking subsection (g) and 
     redesignating subsection (h) as subsection (g).
       (2) Section 31104(j) is amended by striking ``tolerance'' 
     in the first sentence.
       (3) Section 31104 is amended by striking subsection (i) and 
     redesignating subsection (j) as subsection (h).

     SEC. 605. INFORMATION SYSTEMS AND STRATEGIC SAFETY 
                   INITIATIVES.

       Section 31106 is amended to read as follows:

     ``Sec. 31106. Information Systems and Strategic Safety 
       Initiatives.

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

     SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

       Section 31107 is amended to read as follows:

     ``Sec. 31107. Authorization of appropriations for information 
       systems and strategic safety initiatives.

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

     SEC. 607. CONFORMING AMENDMENTS.

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


    ``subchapter i. state grants and other commercial motor vehicle 
                              programs.'';

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

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

              Subtitle B--Motor Carrier Safety Act of 1997

     SEC. 651. SHORT TITLE.

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

     SEC. 652. SAFETY REGULATIONS.

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

     ``Sec. 31141. Preemption of State laws and regulations''.

       (B) The chapter analysis of chapter 311 of such title is 
     amended by striking the item relating to section 31141 and 
     inserting the following:
``31141. Preemption of State laws and regulations''.

       (c) Inspection of Vehicles.--
       (1) Section 31142 is amended--
       (A) by striking ``part 393 of title 49, Code of Federal 
     Regulations'' in subsection (a) and inserting ``regulations 
     issued pursuant to section 31135 of this title''; and
       (B) by striking subsection (c)(1)(C) and inserting the 
     following:
       ``(C) prevent a State from participating in the activities 
     of a voluntary group of States enforcing a program for 
     inspection of commercial motor vehicles; or''.
       (2) Subchapter IV of chapter 311 is amended--
       (A) by striking sections 31161 and 31162; and

[[Page S10166]]

       (B) by striking the items relating to sections 31161 and 
     31162 in the chapter analysis for that chapter.
       (3) Section 31102(b)(1) is amended--
       (A) by striking ``and'' at the end of subparagraph (P);
       (B) by striking ``thereunder.'' in subparagraph (Q) and 
     inserting ``thereunder; and''; and
       (C) by adding at the end thereof the following:
       ``(R) provides that the State will establish a program: (i) 
     to ensure the proper and timely correction of commercial 
     motor vehicle safety violations noted during an inspection 
     carried out with funds authorized under section 31104 of this 
     title; and (ii) to ensure that information is exchanged among 
     the States in a timely manner.''.
       (d) Safety Fitness of Owners and Operators.--Section 31144 
     is amended to read as follows:

     ``Sec. 31142. Safety fitness of owners and operators

       ``(a) Procedure.--The Secretary of Transportation shall 
     maintain in regulation a procedure for determining the safety 
     fitness of owners and operators of commercial motor vehicles, 
     including persons seeking new or additional operating 
     authority as motor carriers under section 13902 of this 
     title. The procedure shall include--
       ``(1) specific initial and continuing requirements to be 
     met by the owners, operators, and other persons to 
     demonstrate safety fitness;
       ``(2) a means of deciding whether the owners, operators, or 
     other persons meet the safety requirements under paragraph 
     (1) of this subsection; and
       ``(3) specific time deadlines for action by the Secretary 
     in making fitness decisions.
       ``(b) Prohibited Transportation.--Except as provided in 
     sections 521(b)(5)(A) and 5113 of this title, a motor carrier 
     that fails to meet the safety fitness requirements 
     established under subsection (a) of this section may not 
     operate in interstate commerce beginning on the 61st day 
     after the date of the determination by the Secretary that the 
     motor carrier fails to meet the safety fitness requirements 
     and until the motor carrier meets the safety fitness 
     requirements. The Secretary may, for good cause shown, 
     provide a carrier with up to an additional 60 days to meet 
     the safety fitness requirements.
       ``(c) Rating Review.--The Secretary shall review the 
     factors that resulted in a motor carrier failing to meet the 
     safety fitness requirements not later than 45 days after the 
     motor carrier requests a review.
       ``(d) Government Use Prohibited.--A department, agency, or 
     instrumentality of the United States Government may not use a 
     motor carrier that does not meet the safety fitness 
     requirements.
       ``(e) Public Availability; Updating of Fitness 
     Determinations.--The Secretary shall amend the motor carrier 
     safety regulations in subchapter B of chapter III of title 
     49, Code of Federal Regulations, to establish a system to 
     make readily available to the public, and to update 
     periodically, the safety fitness determinations of motor 
     carriers made by the Secretary.
       ``(f) Penalties.--The Secretary shall prescribe regulations 
     setting penalties for violations of this section consistent 
     with section 521 of this title.''.
       (e) Safety Fitness of Passenger and Hazardous Material 
     Carriers.--
       (1) In general.--Section 5113 is amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Prohibited Transportation.--
       ``(1) A motor carrier that fails to meet the safety fitness 
     requirements established under subsection 31144(a) of this 
     title may not operate a commercial motor vehicle (as defined 
     in section 31132 of this title)--
       ``(A) to transport hazardous material for which placarding 
     of a motor vehicle is required under regulations prescribed 
     under this chapter; or
       ``(B) to transport more than 15 individuals.
       ``(2) The prohibition in paragraph (1) of this subsection 
     applies beginning on the 46th day after the date on which the 
     Secretary determines that a motor carrier fails to meet the 
     safety fitness requirements and applies until the motor 
     carrier meets the safety fitness requirements.'';
       (B) by striking ``Rating'' in the caption of subsection (b) 
     and inserting ``Fitness'';
       (C) by striking ``receiving and unsatisfactory rating'' in 
     subsection (b) and inserting `failing to meet the safety 
     fitness requirements'';
       (D) by striking ``has an unsatisfactory rating from the 
     Secretary'' in subsection (c) and inserting ``failed to meet 
     the safety fitness requirements''; and
       (E) by striking ``Ratings'' in the caption of subsection 
     (d) and inserting ``Fitness Determination'';
       (F) by striking ``, in consultation with the Interstate 
     Commerce Commission,'' in subsection section (d); and
       (G) by striking ``ratings of motor carriers that have 
     unsatisfactory ratings from'' in subsection (d) and inserting 
     ``fitness determinations of motor carriers made by''.
       (2) Conforming amendments.--
       (A) The caption of section 5113 of such chapter is amended 
     to read as follows:

     ``Sec. 5113. Safety fitness of passenger and hazardous 
       material carriers''.

       (B) The chapter analysis for such chapter is amended by 
     striking the item relating to section 5113 and inserting the 
     following:

``5113. Safety fitness of passenger and hazardous material carriers''.

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

     SEC. 653. COMMERCIAL MOTOR VEHICLE OPERATORS.

       (a) Repeal of Obsolete Grant Programs.--Chapter 313 is 
     amended--
       (1) by striking sections 31312 and 31313; and
       (2) by striking the items relating to sections 31312 and 
     31313 in the chapter analysis for that chapter.
       (b) Commercial Driver's License Requirement.--
       (1) In general.--Section 31302 is amended to read as 
     follows:

     ``Sec. 31302. Commercial driver's license requirement

       ``No individual shall operate a commercial motor vehicle 
     without a commercial driver's license issued according to 
     section 31308 of this title.''.
       (2) Conforming amendments--
       (A) The chapter analysis for that chapter is amended by 
     striking the item relating to section 31302 and inserting the 
     following:
``31302. Commercial driver's license requirement''.

       (B) Section 31305(a) is amended by redesignating paragraphs 
     (2) through (8) as paragraphs (3) through (9), respectively, 
     and by inserting after paragraph (1) the following:
       ``(2) may establish performance based testing and licensing 
     standards that more accurately measure and reflect an 
     individual's knowledge and skills as an operator;''.
       (c) Commercial Driver's License Information System.--
     Section 31309 is amended--
       (1) by striking ``make an agreement under subsection (b) of 
     this section for the operation of, or establish under 
     subsection (c) of this section,'' in subsection (a) and 
     inserting ``maintain'';
       (2) by striking subsections (b) and (c) and redesignating 
     subsections (d), (e), and (f) as subsections (b), (c), and 
     (d) respectively;
       (3) by striking ``Not later than December 31, 1990, the'' 
     in paragraph (2) of subsection (b), as redesignated, and 
     inserting ``The''; and
       (4) by striking ``shall'' in paragraph (2) of subsection 
     (b), and redesignated, and inserting ``may'';
       (5) by inserting after the caption of subsection (c), as 
     designated, the following: ``Information about a driver in 
     the information system may be made available under the 
     following circumstances:''; and
       (5) by starting a new paragraph with ``(1) On request'' and 
     indenting the paragraph 2 ems from the lefthand margin.
       (d) Requirements for State Participation.--Section 31311(a) 
     is amended--
       (1) by striking ``31310(b)-(e)'' in paragraph (15) and 
     inserting ``31310(b)-(e), and (g)(1)(A) and (2)'';
       (2) by striking paragraph (17); and
       (3) by redesignating paragraph (18) as paragraph (17).
       (e) Withholding Amounts for State Noncompliance.--Section 
     31314 is amended--

[[Page S10167]]

       (1) by striking ``, (2), (5), and (6)'' and inserting 
     ``(3), and (5)''; and
       (2) by striking ``1992'' in subsections (a) and (b) and 
     inserting ``1995'';
       (3) by striking paragraph (1) of subsection (c);
       (4) by striking ``(2)'' in subsection (c)(2);
       (5) by striking subsection (d); and
       (6) by redesignating subsection (e) as subsection 9d).
       (f) Commercial Motor Vehicle Defined.--Section 31301 is 
     amended--
       (1) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating'' each place it appears in 
     paragraph (4)(A); and
       (2) by inserting ``is'' in paragraph (4)(C)(ii) before 
     ``transporting'' each place it appears and before ``not 
     otherwise''.
       (g) Safety Performance History of New Drivers; Limitation 
     on Liability.--
       ``(1) In general.--Chapter 5 is amended by adding at the 
     end thereof the following:

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

       ``(a) Limitation on Liability.--No action or proceeding for 
     defamation, invasion of privacy, or interference with a 
     contract that is based on the furnishing or use of safety 
     performance records in accordance with regulations issued by 
     the Secretary may be brought against--
       ``(1) a motor carrier requesting the safety performance 
     records of an individual under consideration for employment 
     as a commercial motor vehicle driver as required by and in 
     accordance with regulations issued by the Secretary;
       ``(2) a person who has complied with such a request; or
       ``(3) the agents or insurers of a person described in 
     paragraph (1) or (2) of this subsection.
       ``(b) Restrictions.--
       ``(1) Subsection (a) does not apply unless--
       ``(A) the motor carrier requesting the safety performance 
     records at issue, the person complying with such a request, 
     and their agents have taken all precautions reasonably 
     necessary to ensure the accuracy of the records and have 
     fully complied with the regulations issued by the Secretary 
     in using and furnishing the records, including the 
     requirement that the individual who is the subject of the 
     records be afforded a reasonable opportunity to review and 
     comment on the records;
       ``(B) the motor carrier requesting the safety performance 
     records, the person complying with such a request, their 
     agents, and their insurers, have taken all precautions 
     reasonably necessary to protect the privacy of the individual 
     who is the subject of the records, including protecting the 
     records from disclosure to any person, except for their 
     insurers, not directly involved in forwarding the records or 
     deciding whether to hire that individual; and
       ``(C) the motor carrier requesting the safety performance 
     records have used those records only to assess the safety 
     performance of the individual who is the subject of those 
     records in deciding whether to hire that individual.
       ``(2) Subsection (a) does not apply to persons who 
     knowingly furnish false information.
       ``(c) Preemption of State and Local Law.--No State or 
     political subdivision thereof may enact, prescribe, issue, 
     continue in effect, or enforce any law (including any 
     regulation, standard, or other provision having the force and 
     effect of law) that prohibits, penalizes, or imposes 
     liability for furnishing or using safety performance records 
     in accordance with regulations issued by the Secretary.''.
       (2) Conforming amendment.--The chapter analysis for that 
     chapter is amended by inserting after the item relating to 
     section 507 the following:
``508. Safety performance history of new drivers; limitation on 
              liability''.

     SEC. 654. PENALTIES.

       (a) Notification of Violations and Enforcement 
     Procedures.--Section 521(b)(1) is amended--
       (1) by inserting: ``with the exception of reporting and 
     recordkeeping violations,'' in the first sentence of 
     subparagraph (A) after ``under any of those provisions,'';
       (2) by striking ``fix a reasonable time for abatement of 
     the violation,'' in the third sentence of subparagraph (A);
       (3) by striking ``(A)'' in subparagraph (A); and
       (4) by striking subparagraph (B).
       (b) Civil Penalties.--Section 521(b)(2) is amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--Except as otherwise provided in this 
     subsection, any person who is determined by the Secretary, 
     after notice and opportunity for a hearing, to have committed 
     an act which is a violation of regulations issued by the 
     Secretary under subchapter III of chapter 311 (except 
     sections 31137 and 31138) or section 31502 of this title 
     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $10,000 for each offense. 
     Notwithstanding any other provision of this section (except 
     subparagraph (C)), no civil penalty shall be assessed under 
     this section against an employee for a violation in an amount 
     exceeding $2,500.'';
       (2) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (3) by inserting after subparagraph (A) the following:
       ``(B) Recordkeeping and reporting violations.--
       ``(i) A person required to make a report to the Secretary, 
     answer a question, or make, prepare, or preserve a record 
     under section 504 of this title or under any regulation 
     issued by the Secretary pursuant to subchapter III of chapter 
     311 (except sections 31137 and 31138) or section 31502 of 
     this title about transportation by motor carrier, motor 
     carrier of migrant workers, or motor private carrier, or an 
     officer, agent, or employee of that person, who--
       ``(I) does not make that report;
       ``(II) does not specifically, completely, and truthfully 
     answer that question in 30 days from the date the Secretary 
     requires the question to be answered; or
       ``(III) does not make, prepare, or preserve that record in 
     the form and manner prescribed by the Secretary,

     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $500 for each offense, and each day 
     of the violation shall constitute a separate offense, except 
     that the total of all civil penalties assessed against any 
     violator for all offenses related to any single violation 
     shall not exceed $5,000.
       ``(ii) Any such person, or an officer, agent, or employee 
     of that person, who--
       ``(I) knowingly falsifies, destroys, mutilates, or changes 
     a required report or record;
       ``(II) knowingly files a false report with the Secretary;
       ``(III) knowingly makes or causes or permits to be made a 
     false or incomplete entry in that record about an operation 
     or business fact or transaction; or
       ``(IV) knowingly makes, prepares, or preserves a record in 
     violation of a regulation or order of the Secretary,

     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $5,000 for each violation, provided 
     that any such action can be shown to have misrepresented a 
     fact that constitutes a violation other than a reporting or 
     recordkeeping violation.''.
       (c) Penalty for Aiding and Abetting.--
       (1) In general.--Chapter 5 is amended by adding at the end 
     thereof the following:

     ``Sec. 527. Aiding and abetting

       ``A person who knowingly aids, abets, counsels, commands, 
     induces, or procures a violation of a regulation or order 
     issued by the Secretary under chapter 311 or section 31502 of 
     this title shall be subject to civil and criminal penalties 
     under this chapter to the same extent as the motor carrier or 
     driver who commits a violation.''.
       (2) Conforming amendment.--The chapter analysis for that 
     chapter is amended by inserting after the item relating to 
     section 526 the following:
``527. Aiding and abetting''.
       (d) Authority To Investigate.--Section 506(a) is amended--
       (1) by inserting ``, freight forwarder, shipper, broker, 
     consignee, or other person'' after ``motor private carrier'';
       (2) by striking ``or'' after ``migrant workers''; and
       (3) by striking the last sentence.
       (e) Enforcement.--Section 507(a)(2) is amended--
       (1) by inserting ``, shipper, broker, consignee, or other 
     person'' after ``freight forwarder''; and
       (2) by striking ``or'' after ``motor private carrier''.
       (f) Conforming Amendments.--
       (1) Section 503(a) is amended by striking ``(except a motor 
     contract carrier)''.
       (2) Section 522 is amended--
       (A) by striking ``(a)'' in subsection (a); and
       (B) by striking subsection (b).

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

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

     SEC. 656. STUDY OF ADEQUACY OF PARKING FACILITIES.

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

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

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

                  Subtitle A--Programs and Activities

     SEC. 701. TRANSPORTATION RESEARCH AND DEVELOPMENT.

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

[[Page S10168]]

``CHAPTER 52--RESEARCH AND DEVELOPMENT
``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE
``Sec.
``5201. Transactional authority.
``5202. Reliance on competition.
``5203. Authorizations.

                       ``SUBCHAPTER II--PLANNING

``5221. Planning.
``5222. Implementation.

  ``SUBCHAPTER III--ADVANCED TRANSPORTATION RESEARCH AND DEVELOPMENT 
                                PROGRAMS

``5231. Intermodal transportation research and development program.

            ``SUBCHAPTER IV--PROFESSIONAL CAPACITY BUILDING

``5241. National university transportation centers.

               ``Subchapter I--General and Administrative

     ``Sec. 5201. Transactional authority

       ``To carry out this chapter, the Secretary of 
     Transportation may enter into contracts, grants, cooperative 
     agreements, and other transactions with any person, agency, 
     or instrumentality of the United States, any unit of State or 
     local government, any educational institution, and any other 
     entity to further the objectives of this chapter.

     ``Sec. 5202. Reliance on competition

       ``The Secretary of Transportation may award grants or 
     contracts to university transportation centers established 
     through competition under section 5241 of this title without 
     further competition. A noncompetitive award authorized by 
     this section must be for transportation research, 
     development, education or training consistent with the 
     strategic plan approved as part of the selection process 
     for the center.

     ``Sec. 5203. Authorizations

       ``(a) There is available from the Highway Trust Fund, other 
     than the Mass Transit Account, for the Secretary of 
     Transportation $10,000,000 for fiscal year 1998, $15,000,000 
     for fiscal year 1999, $20,000,000 for fiscal year 2000, 
     $25,000,000, for fiscal year 2001, $30,000,000 for fiscal 
     year 2002, and $35,000,000 for fiscal year 2003, to carry out 
     subchapters II and III of this chapter.
       ``(b) Contract Authority and Availability of Funds.--Funds 
     authorized by this section shall be available for obligation 
     in the same manner as if such funds were apportioned under 
     chapter 1 of title 23, United States Code; except that any 
     Federal share of the cost of any activity under subchapters 
     II and III of this chapter shall be in accordance with the 
     provision of those subchapters, and such funds shall remain 
     available for obligation for a period of 2 years after the 
     last day of the fiscal year for which such funds are 
     authorized.

                       ``Subchapter II--Planning

     ``Sec. 5221. Planning

       ``(a) Authority.--The Secretary of Transportation shall 
     establish a strategic planning process to determine national 
     transportation research and technology priorities, coordinate 
     Federal transportation research and technology activities, 
     and measure the impact of these research and technology 
     investments on the performance of the national transportation 
     system.
       ``(b) Criteria.--In developing strategic plans for 
     intermodal, multimodal, and modal research and technology, 
     the Secretary shall consider the need to:
       ``(1) Coordinate and link Federal, regional, state, and 
     metropolitan planning activities;
       ``(2) Ensure that standard-setting in transportation is 
     compatible with the concept of a seamless transportation 
     system;
       ``(3) Encourage innovation;
       ``(4) Identify and facilitate initiatives and partnerships 
     to deploy advanced technology with the potential for 
     improving transportation systems over ten years;
       ``(5) Identify core research to support the Nation's long-
     term transportation technology and system needs, including 
     safety;
       ``(6) Ensure the Nation's ability to compete on a global 
     basis; and
       ``(7) Provide a means of assessing the impact of Federal 
     research and technology investments on the performance of the 
     Nation's transportation system.

     ``Sec. 5222. Implementation

       ``In implementing section 5221, the Secretary of 
     Transportation shall adopt such policies and procedures as 
     appropriate--
       ``(1) to provide for consultation among the Administrators 
     of the operating administrations of the Department and other 
     Federal officials with responsibility for research important 
     to national transportation needs;
       ``(2) to promote the maximum exchange of information on 
     transportation-related research and development activities 
     among the operating elements of the Department, other Federal 
     departments and agencies, state and local governments, 
     colleges and universities, industry and other private and 
     public sector organizations engaged in such activities;
       ``(3) to ensure that the Department's research and 
     development programs do not duplicate other Federal research 
     and development programs;
       ``(4) to ensure that the Department's research and 
     development activities make appropriate use of the talents, 
     skills, and abilities residing at the Federal laboratories 
     and leverage, to the extent practical, the research 
     capabilities of institutions of higher education and private 
     industry; and
       ``(5) to validate the scientific and technical assumptions 
     underlying the Department's research and technology plans.

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

     ``Sec. 5231. Intermodal transportation research and 
       development program

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

            ``Subchapter IV--Professional Capacity Building

     ``Sec. 5241. National university transportation centers

       ``(a) Regionally-based Centers.--The Secretary of 
     Transportation shall make grants to nonprofit institutions of 
     higher learning to establish and operate one university 
     transportation center in each of the ten (10) United States 
     Government regions that comprise the Standard Federal 
     Regional Boundary System.
       ``(b) Other Centers.--The Secretary may make grants to non-
     profit institutions of higher learning to establish and 
     operate up to ten other university transportation centers to 
     address transportation management, research and development, 
     with special attention to increasing the number of highly 
     skilled minority individuals and women entering the 
     transportation workforce; transportation and industrial 
     productivity; rural transportation; advanced transportation 
     technology; international transportation policy studies; 
     transportation infrastructure technology; urban 
     transportation research; transportation and the environment; 
     surface transportation safety; or such other national 
     transportation issues designated by the Secretary.
       ``(c) Selection Criteria.--A nonprofit institution of 
     higher learning interested in receiving a grant under this 
     section shall submit an application to the Secretary in the 
     way and containing the information the Secretary prescribes. 
     The Secretary shall select each recipient through a 
     competitive process on the basis of the following:
       ``(1) for regionally-based centers, the location of the 
     center within the Federal Region to be served;
       ``(2) the demonstrated research and extension resources 
     available to the recipient to carry out this section;
       ``(3) the capability of the recipient to provide leadership 
     in making national and regional contributions to the solution 
     of immediate and long-range transportation problems;
       ``(4) the recipient's establishment of a surface 
     transportation program encompassing several modes of 
     transportation;
       ``(5) the recipient's demonstrated commitment of at least 
     $200,000 in regularly budgeted institutional amounts each 
     year to support ongoing transportation research and education 
     programs;
       ``(6) the recipient's demonstrated ability to disseminate 
     results of transportation research and education programs 
     through a statewide or region-wide continuing education 
     program; and
       ``(7) the strategic plan the recipient proposes to carry 
     out under the grant.
       ``(d) Objectives.--Each university transportation center 
     shall conduct:
       ``(1) basic and applied research, the products of which are 
     judged by peers or other experts in the field to advance the 
     body of knowledge in transportation;
       ``(2) an education program that includes multi-disciplinary 
     course work and participation in research; and
       ``(3) an ongoing program of technology transfer that makes 
     research results available to potential users in a form that 
     can be implemented, utilized or otherwise applied.
       ``(e) Maintenance of Effort.--Before making a grant under 
     this section, the Secretary may require the recipient to make 
     an agreement with the Secretary to ensure that the recipient 
     will maintain total expenditures from all other sources to 
     establish and operate a university transportation center and 
     related research activities at a level at least equal to the 
     average level of those expenditures in its 2 fiscal years 
     prior to award of a grant under this section.

[[Page S10169]]

       ``(f) Federal Share.--A grant under this section is for 50 
     percent of the cost of establishing and operating the 
     university transportation center and related research 
     activities the recipient carries out. The non-Federal share 
     may include funds provided to a recipient under section 5307 
     or 5311 of this title.
       ``(g) Program Coordination.--The Secretary shall provide 
     for coordinating research, education, training, and 
     technology transfer activities that grant recipients carry 
     out under this section, the dissemination of the results of 
     the research, and the establishment and operation of a 
     clearinghouse. At least annually, the Secretary shall review 
     and evaluate programs the grant recipients carry out. The 
     Secretary may use not more than one percent of amounts made 
     available from Government sources to carry out this 
     subsection.
       ``(h) Amounts Available for Technology Transfer 
     Activities.--At least 5 percent of the amounts made available 
     to carry out this section in a fiscal year are available to 
     carry out technology transfer activities.
       ``(i) Limittion of Availability of Funds.--Funds made 
     available to carry out this program remain available for 
     obligation for a period of 2 years after the last day of the 
     fiscal year for which such funds are authorized.''.

     SEC. 702. BUREAU OF TRANSPORTATION STATISTICS.

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

     SEC. 703. RESEARCH AND TECHNOLOGY PROGRAM.

       (a) Section 307 of title 23, United States Code, is amended 
     to read as follows:

     Sec. 307 Research and planning

       ``(a) Findings; General Authority; and Collaborative 
     Agreements.--
       ``(1) Findings.--The Congress finds that--
       ``(A) Results of research, technology transfer, studies, 
     and activities have demonstrated that continued and increased 
     efforts to provide for technical innovation must be a 
     cornerstone in the foundation as the transportation community 
     moves into the next century.
       ``(B) A strong Federal transportation research and 
     technology program is recognized as essential to ensure that 
     innovation is developed and incorporated into the multi-
     billion dollar infrastructure program.
       ``(C) Technology advancement is essential to support the 
     Nation's infrastructure needs and, in turn, its ability to 
     continue to participate successfully in a global marketplace 
     and economy.

[[Page S10170]]

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

     SEC. 704. NATIONAL TECHNOLOGY DEPLOYMENT INITIATIVES.

       (a) In General.--Chapter 3 of title 23, United States Code, 
     is amended--
       (1) by striking section 321; and
       (2) by amending section 326 to read as follows:

     Sec. 326. National technology deployment initiatives program

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

[[Page S10171]]

     technology development nationwide. Any waiver under this 
     section shall be published in the Federal Register, together 
     with reasons for such waiver.''.
       (b) Conforming Amendment.--The analysis for chapter 3 is 
     amended--
       (1) striking the item relating to section 321; and
       (2) striking the item relating to section 326 and inserting 
     the following:

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

       Subtitle B--Intelligent Transportation Systems Act of 1997

     SEC. 751. SHORT TITLE AND FINDINGS.

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

     SEC. 752. DEFINITIONS; CONFORMING AMENDMENT.

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

     SEC. 753. SCOPE OF PROGRAM.

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

     SEC. 754. GENERAL AUTHORITIES AND REQUIREMENTS.

       (a) Cooperation.--In carrying out the program under this 
     subtitle, the Secretary shall foster enhanced operations and 
     management of the Nation's surface transportation systems, 
     strive to achieve the widespread deployment of intelligent 
     transportation systems, and continue to advance emerging 
     technologies, in cooperation with State and local governments 
     and the United States private sector. As appropriate, in 
     carrying out the program under this subtitle, the Secretary 
     shall consult with the Secretary of Commerce, the Secretary 
     of the Treasury, the Administrator of the Environmental 
     Protection Agency, the Director of the National Science 
     Foundation, and the heads of other interested Federal 
     departments and agencies and shall maximize the involvement 
     of the United States private sector, colleges and 
     universities, including Historically Black Colleges and 
     Universities and other Minority Institutions of Higher 
     Education, and State and local governments in all aspects of 
     the program, including design, conduct (including operations 
     and maintenance), evaluation, and financial or in-kind 
     participation.
       (b) Standards.--The Secretary shall develop, implement, and 
     maintain a National Architecture and supporting standards and 
     protocols to promote the widespread use and evaluation of 
     intelligent transportation systems technology as a component 
     of the Nation's surface transportation systems. To the extent 
     practicable, such standards and protocols shall promote 
     interoperability among

[[Page S10172]]

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

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

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

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

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

[[Page S10173]]

     technology objectives as defined in the National ITS Program 
     Plan under section 755 of this subtitle, and
       (3) require that operational tests utilizing Federal funds 
     under this subtitle have a written evaluation of the 
     intelligent transportation systems technologies investigated 
     and of the results of the investigation which is consistent 
     with the guidelines developed under section 754(c) of this 
     subtitle.

     SEC. 757. APPLICATIONS OF TECHNOLOGY.

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

     SEC. 758. FUNDING.

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

                       TITLE VIII--BOATING SAFETY

     SEC. 801. SHORT TITLE.

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

     SEC. 802. AMENDMENT OF 1950 ACT.

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

     SEC. 803. OUTREACH AND COMMUNICATIONS PROGRAMS.

       (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 
     777a) is amended--
       (1) by indenting the left margin of so much of the text as 
     precedes ``(a)'' by 2 ems;
       (2) by inserting ``For purposes of this Act--'' after the 
     section caption;
       (3) by striking ``For the purpose of this Act the'' in the 
     first paragraph and inserting ``(1) the'';
       (4) by indenting the left margin of so much of the text as 
     follows ``include--'' by 4 ems;
       (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
     inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', 
     respectively;
       (6) by striking ``department.'' and inserting 
     ``department;''; and
       (7) by adding at the end thereof the following:
       ``(2) the term `outreach and communications program' means 
     a program to improve communication with anglers, boaters, and 
     the general public regarding angling and boating 
     opportunities, to reduce barriers to participation in these 
     activities, to advance adoption of sound fishing and boating 
     practices, to promote conservation and the responsible use of 
     the nation's aquatic resources, and to further safety in 
     fishing and boating; and
       ``(3) the term `aquatic resource education program' means a 
     program designated to enhance the public's understanding of 
     aquatic resources and sport-fishing, and to promote the 
     development of responsible attitudes and ethics toward the 
     aquatic environment.''.
       (b) Funding for Outreach and Communications Program.--
     Section 4 of the 1950 Act (16 U.S.C. 777c) is amended--
       (1) by redesignating subsections (c, (d), and (e) as 
     subsections (d), (e), and (f);
       (2) by inserting after subsection (b) the following:
       ``(c) National Outreach and Communications Fund.--
       ``(1) Establishment.--There is established on the books of 
     the Treasury a fund to be known as the `National Outreach and 
     Communications Fund'.
       ``(2) Credits.--There shall be credited to the Fund--
       ``(A) out of the balance of each such annual appropriation 
     remaining after the distribution and use under subsections 
     (a) and (b), respectively, the sum of--
       ``(i) $5,000,000 for the fiscal year 1998;
       ``(ii) $6,000,000 for fiscal year 1999;
       ``(iii) $7,000,000 for fiscal year 2000;
       ``(iv) $8,000,000 for fiscal year 2001; and
       ``(v) $10,000,000 for fiscal year 2002; and

[[Page S10174]]

       ``(B) amounts allocated to it under subsection (d).
       ``(3) Carryforward.--Amounts credited to the fund under 
     paragraph (2) shall remain available for 2 fiscal years after 
     the fiscal year in which credited. Amounts credited to the 
     fund under that paragraph that are unobligated by the 
     Secretary of the Interior more than 2 years after the fiscal 
     year in which credited shall be available to the Secretary 
     under subsection (e).'';
       (4) by inserting a comma and ``for an outreach and 
     communications program'' after ``Act'' in subsection (d), as 
     so redesignated;
       (5) by striking ``subsections (a) and (b),'' in subsection 
     (d), as so redesignated, ``subsections (a), (b), and (c),'';
       (6) by adding at the end of subsection (d), as so 
     redesignated, the following: ``Of the sum available to the 
     Secretary of the Interior under this subsection for any 
     fiscal year, not more than $2,500,000 is authorized to be 
     allocated to the National Outreach and Communications Fund. 
     No funds available to the Secretary under this subsection may 
     be used to replace funding traditionally provided through 
     general appropriations, nor for any purposes except those 
     purposes authorized by this Act. The Secretary shall publish 
     a detailed accounting of the projects, programs, and 
     activities funded under this subsection annually in the 
     Federal Register.''; and
       (7) by striking ``subsections (a), (b), and (c),'' in 
     subsection (e), as so redesignated, and inserting 
     ``subsections (a), (b), (c), and (d),''.
       (c) Increase in State Allocation.--Section 8 of the 1950 
     Act (16 U.S.C. 777g) is amended--
       (1) by striking ``12\1/2\ percentum'' each place it appears 
     in subsection (b) and inserting ``15 percent'';
       (2) by striking ``10 percentum'' in subsection (c) and 
     inserting ``15 percent'';
       (3) by inserting ``and communications'' in subsection (c) 
     after ``outreach''; and
       (4) by redesignating subsection (d) as subsection (f); and 
     by inserting after subsection (c) the following:
       ``(d) National Outreach and Communications Program.--
       ``(1) Implementation.--Within 1 year after the date of 
     enactment of the Sportfishing and Boating Improvement Act of 
     1997, the Secretary of the Interior shall develop and 
     implement, in cooperation and consultation with the Sport 
     Fishing and Boating Partnership Council, a national plan for 
     outreach and communications.
       ``(2) Content.--The plan shall provide--
       ``(A) guidance, including guidance on the development of an 
     administrative process and funding priorities, for outreach 
     and communications programs; and
       ``(B) for the establishment of a national program.
       ``(3) Secretary may match or fund programs.--Under the 
     plan, the Secretary may obligate amounts from the National 
     Outreach and Communications Fund under section 4(c) of this 
     Act--
       ``(A) to make grants to any State or private entity to pay 
     all or any portion of the cost of carrying out any outreach 
     or communications program under the plan; or
       ``(B) to fund contracts with States or private entities to 
     carry out such a program.
       ``(4) Review.--The plan shall be reviewed periodically, but 
     not less frequently than once every 3 years.
       ``(e) State Outreach and Communications Program.--Within 12 
     months after the completion of the national plan under 
     subsection (d)(1), a State shall develop a plan for an 
     outreach and communications program and submit it to the 
     Secretary. In developing the plan, a State shall--
       ``(1) review the national plan developed under subsection 
     (d);
       ``(2) consult with anglers, boaters, the sportfishing and 
     boating industries, and the general public; and
       ``(3) establish priorities for the State outreach and 
     communications program proposed for implementation.''.

     SEC. 804. CLEAN VESSEL ACT FUNDING.

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

     SEC. 805. BOATING INFRASTRUCTURE.

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

[[Page S10175]]

     Rico, Guam, American Samoa, the Virgin Islands, and the 
     Commonwealth of the Northern Mariana Islands.
       (f) Effective Date.--This section shall take effect on 
     October 1, 1997.

     SEC. 806. BOAT SAFETY FUNDS.

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

     ``Sec. 13106. Authorization of appropriations''.

       (2) The chapter analysis for chapter 131 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 13106 and inserting the following:

``13106. Authorization of appropriations''.

     SEC. 807. FUNDS FOR RECREATIONAL BOATING SAFETY.

       (a) Allocation of Funds to Insular Areas.--Section 13103 of 
     title 46, United States Code, is amended--
       (1) by inserting ``(1) before ``The Secretary'' in 
     subsection (a);
       (2) by redesignating paragraphs (1), (2), and (3) of 
     subsection (a) as subparagraphs (A), (B), and (C), 
     respectively;
       (3) by adding at the end of subsection (a) the following:
       ``(2) The amount allocated to each of the insular areas 
     under this subsection shall not exceed one-half of one 
     percent of the total amount allocated under paragraph (1).'';
       (4) by striking ``year.'' in subsection (b) and inserting 
     the following: ``year, except that, in the case of the 
     insular areas, the requirement for local matching funds is 
     waived for amounts under $200,000.''; and
       (5) by adding at the end thereof the following:
       ``(d) For purposes of this section, the term `insular 
     areas' means American Samoa, Guam, the Northern Mariana 
     Islands, and the Virgin Islands.''.
       (b) Availability of Allocations.--Section 13104(a) of such 
     title is amended--
       (1) by striking ``3 years'' in paragraph (1) and inserting 
     ``2 years''; and
       (2) by striking ``3-year'' in paragraph (2) and inserting 
     ``2-year''.
                                 ______
                                 
      By Mr. DORGAN:
  S. 1236. A bill to amend title 23, United States Code, to provide for 
a national program concerning motor vehicle pursuits by law enforcement 
officers, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


             the national police pursuit policy act of 1997

  Mr. DORGAN. Mr. President, when Police Chief John Whetsel pulled up 
to the scene of a fiery car wreck, he never expected to recognize the 
charred remains of a familiar vehicle. After receiving word that a 
highway patrol cruiser's 100-miles-per-hour pursuit of a fleeing 
motorcycle had led to a terrible accident involving several bystanders, 
Chief Whetsel hurried to the scene.
  Upon his arrival, Chief Whetsel quickly recognized his family's 
smoldering automobile and let out a long cry of anguish as he 
discovered that his wife and two daughters were the victims of this 
terrible accident. Unfortunately, 1995 statistics show that 40 percent 
of all high-speed pursuits end in accidents, causing needless death and 
injury to our Nation's families.
  I certainly understand the pain that Chief Whetsel endured. My mother 
was killed in a high-speed police chase on her drive from a local 
Bismarck, ND hospital. Eyewitnesses say that the speed of this chase 
was 80 to 100 miles an hour through the city streets. She died as the 
drunk lawbreaker fishtailed his pickup truck racing away from pursuing 
officers. She was a wonderful woman, and it was a senseless and painful 
loss of life.
  There are countless other tragic examples. In fact, there is an 
entire organization, called STOPP, dedicated to raising the awareness 
of the dangers of high speed police pursuits. The members of their 
board have very strong convictions on this issue, for each of them also 
lost a family member or a friend who was an innocent victim of a high 
speed chase.
  Mr. President, today I rise to introduce the National Police Pursuit 
Policy Act of 1997. It is my hope that this legislation, if enacted, 
would help prevent tragic losses like the episode that occurred to 
Chief Whetsel, my family, and so many others. High speed chases are 
dangerous and occur too frequently, and the human losses resulting from 
high-speed police pursuits in the last several years continue to mount. 
While we are finally seeing some initiative being taken by various 
States and local communities to address this problem, these efforts 
must extend to all State and local jurisdictions in this country to 
attack the problem.
  According to the U.S. Department of Transportation, there were 377 
deaths nationwide in 1996, and 27 percent of these deaths were police 
officers or innocent bystanders that died as a result of high-speed 
chases. Many chases begin as motorists--whether out of fright, panic, 
or guilt--flee at high speeds instead of pulling over when a police 
vehicle turns on its lights and siren. Unfortunately, some police 
become determined to apprehend the fleeing motorists at all costs, and 
an alarming 60 percent of all police pursuits originate from minor 
traffic violations. The result is that the safety of the general 
public--and the dangers that are created by high-speed chases in city 
traffic--become secondary to catching someone whose initial offense may 
have been no greater than driving a car with a broken tail-light.
  Increased training and education are essential in addressing this 
problem. Every single law enforcement jurisdiction in the United States 
must adopt a reasoned, and well-balanced pursuit policy. With 73 
percent of all police officers reporting that they have been involved 
in a high-speed pursuit in the last 12 months, these officers need 
specialized training in this area. Currently, new studies show that on 
average only 14 hours of driver training is provided to new law 
enforcement recruits, with the majority of this time used for the 
mechanics of driving rather than practicing safe and effective high-
speed pursuit procedures. In addition, statistics show that there is a 
decrease in high-speed pursuits when law enforcement officers are 
properly trained in this area.
  Specific training on departmental pursuit policies and regular 
followup training is necessary to guarantee that all citizens, both 
civilians and police, receive the benefit of uniform awareness of this 
problem. There must be a national realization that there are 
circumstances in which police should not conduct a chase, and our 
officers should be commended for making these important, lifesaving 
choices. A drive across country should not be a ``pot luck'' regarding 
one's chances of being maimed or killed by a police pursuit.
  I want to stress that the police are not the villains here. It is the 
folks that run from the police who are the villains. We must focus on 
the fleeing lawbreakers who are initiating these chases. The punishment 
for fleeing the police should be certain and severe. People should be 
aware that if they flee they will pay a big price for doing so.
  The legislation that I am introducing today would require the 
enactment of State laws making it unlawful for the driver of a motor 
vehicle to take evasive action if pursued by police and would establish 
a standard minimum penalty of 3 months imprisonment and the seizure of 
the driver's vehicle. In addition, my bill would require each law 
enforcement agency to establish a hot-pursuit policy and provide that 
all officers receive adequate training in accordance with that policy.
  Mr. President, this public safety problem is not an easy issue to 
solve. I understand that it will always be difficult for police 
officers to judge when a chase is getting out of hand and when public 
safety would be served best by holding back. However, it can improve 
the situation if we ensure that police officers are trained on how best 
to make these difficult judgments, and if we send a message to 
motorists that if you flee, you will do time in jail and lose your car.

[[Page S10176]]

  I believe that these requirements, if passed, will demonstrate strong 
and uniform Federal leadership in response to this problem. 
Consequently, I ask unanimous consent that the full text of this bill 
be printed in the Record, and I urge my colleagues to support this 
important measure.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1236

       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 ``National Police Pursuit 
     Policy Act of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in 1996--
       (A) 377 deaths occurred in the United States as a result of 
     high-speed motor vehicle pursuits; and
       (B) 103 of those deaths were police officers or innocent 
     bystanders who died as a result of high-speed motor vehicle 
     pursuits;
       (2) in 1995, of the high-speed motor vehicle pursuits 
     conducted during that year, approximately--
       (A) 40 percent resulted in accidents;
       (B) 20 percent resulted in injury; and
       (C) 1 percent resulted in death;
       (3) a recent study found that approximately 60 percent of 
     high-speed motor vehicle pursuits resulted from pursuits that 
     were not related to felony offenses;
       (4) an insufficient amount of statistical data and 
     documentation concerning high-speed motor vehicle pursuits is 
     available;
       (5) a recent study found that although only 31 percent of 
     law enforcement agencies maintain consistent records on motor 
     vehicle pursuits made by law enforcement officers, 71 percent 
     of those agencies were able to provide data on the number of 
     high-speed motor vehicle pursuits conducted;
       (6) a recent study found that--
       (A) 73 percent of the law enforcement officers polled had 
     been involved in a high-speed motor vehicle pursuit during 
     the 12-month period preceding the date of the polling; and
       (B) 40 percent of those officers reported that an accident 
     resulted from a high-speed motor vehicle pursuit in which the 
     officer participated;
       (7) a recent study found that most law enforcement recruits 
     who receive training to become law enforcement officers 
     receive only an average of 14 hours of training for driving 
     skills, and a majority of that time is used to provide 
     training in the mechanics of driving instead of providing 
     practice for safe and effective high-speed motor vehicle 
     pursuit procedures; and
       (8) a recent study found that an increased emphasis on the 
     high-speed motor vehicle pursuit policies, procedures, and 
     training decreases the occurrence of high-speed motor vehicle 
     pursuits, as the recruits who receive training that includes 
     special training for effective high-speed motor vehicle 
     pursuits were less likely to engage in those pursuits.

     SEC. 3. MOTOR VEHICLE PURSUIT REQUIREMENTS FOR STATE HIGHWAY 
                   SAFETY PROGRAMS.

       Section 402(b)(1) of title 23, United States Code, is 
     amended--
       (1) in each of subparagraphs (A) through (D), by striking 
     the period at the end and inserting a semicolon;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) on and after January 1, 1999, have in effect 
     throughout the State--
       ``(i) a law that--
       ``(I) makes it unlawful for the driver of a motor vehicle 
     to increase speed or to take any other deliberately evasive 
     action if a law enforcement officer clearly signals the 
     driver to stop the motor vehicle; and
       ``(II) provides that any driver who violates that law shall 
     be subject to a minimum penalty of--

       ``(aa) imprisonment for a period of not less than 3 months; 
     and
       ``(bb) seizure of the motor vehicle at issue; and

       ``(ii) a requirement that each State agency and each agency 
     of a political subdivision of the State that employs law 
     enforcement officers who, in the course of employment, may 
     conduct a motor vehicle pursuit shall--
       ``(I) have in effect a policy that meets requirements that 
     the Secretary shall establish concerning the manner and 
     circumstances in which a motor vehicle pursuit may be 
     conducted by law enforcement officers;
       ``(II) train all law enforcement officers of the agency in 
     accordance with the policy referred to in subclause (I); and
       ``(III) for each fiscal year, transmit to the chief 
     executive officer of the State a report containing 
     information on each motor vehicle pursuit conducted by a law 
     enforcement officer of the agency.''.

     SEC. 4. REPORTING REQUIREMENT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General of the United 
     States, the Secretary of Agriculture, the Secretary of the 
     Interior, the Secretary of the Treasury, the Chief of the 
     Capitol Police, and the Administrator of General Services 
     shall each transmit to Congress a report containing--
       (1) the policy of the department or agency headed by that 
     individual concerning motor vehicle pursuits by law 
     enforcement officers of that department or agency; and
       (2) a description of the procedures that the department or 
     agency uses to train law enforcement officers in the 
     implementation of the policy referred to in paragraph (1).
       (b) Requirement.--Each policy referred to in subsection 
     (a)(1) shall meet the requirements established by the 
     Secretary of Transportation pursuant to section 
     402(b)(1)(F)(ii)(I) of title 23, United States Code, 
     concerning the manner and circumstances in which a motor 
     vehicle pursuit may be conducted.

                          ____________________