[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.
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