[Congressional Record Volume 143, Number 139 (Wednesday, October 8, 1997)]
[Senate]
[Pages S10632-S10648]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. McCAIN:

[[Page S10632]]

  S. 1267. A bill to amend title 49, United States Code, to provide for 
enhanced intermodal transportation safety, and for other purposes; to 
the Committee on Commerce, Science, and Transportation.


            THE INTERMODAL TRANSPORTATION SAFETY ACT OF 1997

  Mr. McCAIN. Mr. President, today I am introducing the Intermodal 
Transportation Safety Act of 1997. I offer this measure as a starting 
point for reauthorizing the many surface transportation safety programs 
last considered in the Intermodal Surface Transportation Efficiency Act 
[ISTEA] of 1991.
  These programs, which are under the jurisdiction of the Senate 
Committee on Commerce, Science, and Transportation, include provisions 
to improve travel safety on our Nation's roads, promote the safe 
shipment of hazardous materials, advance pipeline transportation 
safety, and ensure that our Nation's commercial motor vehicle fleet is 
well maintained and safely operated.
  Mr. President, transportation safety must be at the forefront of our 
deliberations during the consideration of legislation to reauthorize 
ISTEA. The ISTEA bill contains necessary funding and policy 
authorizations to improve our transportation infrastructure and 
facilitate the efficient and economical transportation of people and 
goods. The legislation I am introducing is a vital component of that 
effort which is intended to meet our obligation to help ensure that 
people and goods are transported safely.
  The need for improvements in Federal transportation safety policy is 
crystal clear. The National Transportation Safety Board [NTSB] recently 
reported that deaths from transportation accidents in the United States 
totaled more than 44,000 for calendar year 1996. For example, highway-
related deaths, which account for more than 90 percent of all 
transportation fatalities, rose by 109, reaching a total of 41,907. The 
Federal Transit Administration reported 120 fatalities from accidents 
associated with the operations of light and commuter rail companies, 
compared to 98 in 1995. And, pipeline-related deaths totaled 20, 
against 21 in 1995.
  Mr. President, the bill I am introducing addresses a wide range of 
issues and programs to promote and enhance surface transportation 
safety in our Nation. Using the administration's reauthorization 
submissions as a primary guidepost, my legislation extends key safety 
programs for 6 years. Many of the administration's safety proposals are 
included, but several new initiatives are added.
  The primary differences between the administration's proposals and 
the bill I am introducing are based on the budget agreement enacted in 
August. While I m sure a case can be made for additional funding in 
some areas, the budget agreement simply does not allow for it. 
Consequently, the funding authorized under this measure fully complies 
within the budget agreement.
  Mr. President, I would like to provide a broad overview of the 
various transportation safety provisions contained in this legislation. 
First, this bill addresses various programs under the National Highway 
Transportation Safety Administration [NHTSA]. The legislation 
reauthorizes various grant programs, administered by NHTSA, to improve 
safety on America's roadways. Those grant programs would provide over 
$1.1 billion to the States during the next 6 years. This portion of the 
bill is the administration's request which I'm introducing without 
modification as a starting point for discussion and debate. In regard 
to these grant programs, the legislation is identical to the 
administration's proposal, with the exception that the funds authorized 
have been scaled down to fit within the boundaries of the budget 
agreement.
  Second, this bill reauthorizes funding for programs to ensure the 
safe transportation of hazardous materials. It also includes a number 
of changes intended to strengthen and improve the hazardous materials 
transportation program. For example, according to DOT s Research and 
Special Programs Administration [RSPA] statistics, there were hundreds 
of transportation related incidents involving undeclared or hidden 
hazardous materials. These incidents resulted in 110 deaths and 112 
injuries from January 1990 through October 1996. This legislation would 
give DOT inspectors the authority to open and examine the contents of 
packages suspected of containing hazardous materials.
  This provision would help ensure that packages containing undeclared 
hazardous materials shipments can be removed from transportation before 
they harm individuals. In the event a package is opened under the bill 
s authorities, DOT inspectors would be required to mark the package 
accordingly and notify the shipper before the parcel could continue in 
transport.
  The legislation also expands hazardous materials training access by 
allowing States and Indian tribes to use a portion of their grants to 
help train small businesses in complying with hazardous materials 
shipment procedures. DOT has indicated that the majority of hazardous 
materials shipment and packaging mistakes occur at small businesses.
  The legislation also authorizes the Secretary of Transportation to 
issue emergency orders when it is determined that an unsafe condition 
poses an imminent hazard. In such a situation, the Secretary is granted 
the authority to issue recalls, restrictions, or out-of-service orders 
to lessen the dangerous condition.
  Third, at the request of the majority leader, this bill incorporates 
S. 1115, the Comprehensive One-Call Notification Act, introduced by 
Senators Lott and Daschle on July 31, 1997. S. 1115 would encourage a 
national effort to encourage States to strengthen their laws that 
protect underground pipelines, telecommunication cables, and other 
infrastructure from excavation damage.
  Discussions are ongoing concerning this and several of the 
administration's proposals and I m hopeful that we can reach agreement 
on some of the remaining technical issues. Quick and timely resolution 
on these outstanding matters will be necessary so we can address these 
issues as the Intermodal Transportation Safety Act of 1997 moves to the 
Senate Floor.
  Fourth, this bill reauthorizes the Motor Carrier Safety Assistance 
Program [MCSAP] which provides funding for commercial driver and 
vehicle safety inspections, traffic enforcement, compliance reviews, 
and safety data collection. It further authorizes a performance-based 
approach for the MCSAP, removing many of the prescriptive requirements 
of the program. Instead, States would be given greater flexibility to 
implement safety activities and goals they design to evaluate and 
improve truck safety programs. This new performance-based approach, to 
be implemented by 2000, would enable States to spend their limited 
resources on those activities best able to address their unique motor 
carrier problem areas.
  This legislation also contains several other important truck and bus 
safety enhancement provisions. It would strengthen safety enforcement 
by extending the Secretary s safety jurisdiction to intrastate trips 
made by interstate carriers. The bill would also help ensure greater 
safety oversight by permitting the Secretary to contract with private 
entities to conduct inspections and investigations to ensure compliance 
with Federal motor carrier safety regulations. Similar contractual 
authority is already afforded to the Department of Defense and the 
Federal Aviation Administration. The bill further strengthens safety 
oversight by extending safety regulations such as commercial drivers 
licensing and drug and alcohol testing requirements to for-hire 
passenger vans. It would also permit the Secretary to order any unsafe 
carrier to cease operations. Currently this authority applies only to 
prevent unsafe operations of commercial passenger carriers and 
hazardous materials carriers.
  I have also incorporated a number of provisions designed to promote 
the timely and accurate exchange of important carrier and driver safety 
records. This bill authorizes comprehensive information systems and 
strategic safety initiatives to support motor carrier regulatory and 
enforcement activities as requested by the administration.
  It also establishes a pilot program to help facilitate the exchange 
of accurate driver records data history in an attempt to prevent such 
unacceptable tragedies as the one that occurred this

[[Page S10633]]

summer on the streets of Washington DC, when an unfit driver of a dump 
truck killed a young man. Further, this legislation would permit 
carriers to provide safety records of former drivers to prospective 
employers without the fear of a former employee taking legal action 
against the carrier, provided the data exchanged is accurate.
  Mr. President, like every time Congress considers legislation 
affecting Federal motor carrier safety regulations, various segments of 
the industry seek exemptions. Some are common sense, such as 
acknowledging the special transportation time constraints of farmers 
during the planting and harvesting seasons, or, for example, 
recognizing the need to permit road maintenance crews, such as for snow 
removal, to operate during weather emergencies. Legislation should not 
be needed to permit these and other exemptions. However, that is the 
process we go through today.
  While the Secretary already has authority to grant waivers from some 
or all of the regulations, the authority is almost meaningless because 
prior to granting an exemption, it must first be proven the exemption 
would not diminish safety. However, it is not possible to make such a 
finding unless an exemption can first be tested on a limited basis. In 
an attempt to address this problem and recognize the Secretary should 
be permitted to examine innovative approaches or alternatives to 
certain rules, and in turn reduce unnecessary regulatory burdens that 
do not produce a safety return. This legislation would authorize the 
Secretary to carry out pilot programs to test the affects of certain 
limited regulatory exemptions.
  However, safety must remain at the forefront of these pilot projects. 
The bill language clearly states that the Secretary can only approve 
pilot projects that are expected to meet or exceed the overall level of 
safety that would be achieved with existing regulatory requirements.
  Mr. President, there are other important provisions in the Intermodal 
Transportation Safety Act. While I will not list each and every 
provision, there is another initiative I want to highlight.
  Our transportation system is vulnerable to security threats. Almost 2 
years ago today, Arizonans and citizens throughout the country were 
saddened to learn of an Amtrak derailment near Hyder, AZ, which claimed 
the life of 1 individual and injured 78 others. Shortly after the 
accident, the sadness turned to shock as we learned that the derailment 
could have been caused by someone who may have intentionally sabotaged 
the track. The Arizona accident is not unique. There have been other 
examples of acts against railroads. Therefore, as requested by the 
administration, this legislation would create criminal sanctions for 
violent attacks against railroads, their employees, and passengers. The 
penalties are similar to those which currently cover vessels, airlines, 
motor carriers, and pipelines.
  As chairman of the Senate Committee on Commerce, Science, and 
Transportation, I invite my colleagues to join me in determining 
whether any refinements to this safety bill are warranted. I welcome my 
colleagues input and plan to work with all members to incorporate this 
comprehensive safety legislation during our work on legislation to 
reauthorize ISTEA.
  Mr. President, 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. 1267

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Intermodal Transportation 
     Safety Act of 1997''.

     SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

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

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
Title I--Highway Safety
Sec. 101. Highway safety programs.
Sec. 102. National driver register.
Sec. 103. Authorizations of appropriations.
Title II--Traffic Safety
Sec. 201. Amendment to title 23, United States Code.
Sec. 202. Amendments to chapter 301 (motor vehicle safety).
Title III--Hazardous Materials Transportation Reauthorization
Sec. 301. Findings and purposes; definitions.
Sec. 302. Handling criteria repeal.
Sec. 303. Hazmat employee training requirements.
Sec. 304. Registration.
Sec. 305. Shipping paper retention.
Sec. 306. Unsatisfactory safety rating.
Sec. 307. Public sector training curriculum.
Sec. 308. Planning and training grants.
Sec. 309. Special permits and exclusions.
Sec. 310. Administration.
Sec. 311. Cooperative agreements.
Sec. 312. Enforcement.
Sec. 313. Penalties.
Sec. 314. Preemption.
Sec. 315. Judicial review.
Sec. 316. Hazardous material transportation reauthorization.
Sec. 317. Authorization of appropriations.
Title IV--Comprehensive One-call Notification
Sec. 401. Findings.
Sec. 402. Establishment of one-call notification programs.
Title V--Motor Carrier Safety
Sec. 501. Statement of purpose.
Sec. 502. Grants to States.
Sec. 503. Federal share.
Sec. 504. Authorization of appropriations.
Sec. 505. Information systems and strategic safety initiatives.
Sec. 506. Improved flow of driver history pilot program.
Sec. 507. Motor carrier and driver safety research.
Sec. 508. Authorization of appropriations.
Sec. 509. Conforming amendments.
Sec. 510. Automobile transporter defined.
Sec. 511. Repeal of review panel; review procedure.
Sec. 512. Commercial motor vehicle operators.
Sec. 513. Penalties.
Sec. 514. International registration plan and international fuel tax 
              agreement.
Sec. 515. Study of adequacy of parking facilities.
Sec. 516. National minimum drinking age--technical corrections.
Sec. 517. Application of regulations.
Sec. 518. Authority over charter bus transportation.
Sec. 519. Federal motor carrier safety investigations.
Sec. 520. Foreign motor carrier safety fitness.
Sec. 521. Commercial motor vehicle safety advisory committee.
Sec. 522. Waivers and pilot programs.
Title VI--Rail and Mass Transportation Anti-terrorism and Safety.
Sec. 601. Purpose.
Sec. 602. Amendments to the ``Wrecking Trains'' statute.
Sec. 603. Terrorist attacks against mass transportation.
Sec. 604. Investigative jurisdiction.
Sec. 605. Safety considerations in grants or loans to commuter 
              railroads.
Sec. 606. Railroad accident and incident reporting.
Sec. 607. Vehicle weight limitations--mass transportation buses.
                        TITLE I--HIGHWAY SAFETY

     SEC. 101. HIGHWAY SAFETY PROGRAMS.

       (a) Uniform Guidelines.--Section 402(a) of title 23, United 
     States Code, is amended--
       (1) by striking the fifth sentence; and
       (2) by striking ``section 4007'' and inserting ``section 
     4004''.
       (b) Administrative Requirements.--Section 402(b) of such 
     title is amended--
       (1) in paragraph (1) by striking the period at the end of 
     each of subparagraphs (A) and (B) and inserting a semicolon;
       (2) in paragraph (1)(C) by inserting ``, including Indian 
     tribes,'' after ``subdivisions of such State'';
       (3) in paragraph (1)(C) by striking the period at the end 
     and inserting ``; and'';
       (4) by striking paragraph (1)(E); and
       (5) by striking paragraphs (3) and (4) and redesignating 
     paragraph (5) as paragraph (3).
       (c) Apportionment of Funds.--Section 402(c) of such title 
     is amended--
       (1) in the 6th sentence by inserting ``the apportionment to 
     the Secretary of the Interior shall not be less than three-
     fourths of 1 percent of the total apportionment and'' after 
     ``except that''; and
       (2) by striking the 7th and 8th sentences.
       (d) Application in Indian Country.--Section 402(i) of such 
     title is amended to read as follows:
       ``(i) Application in Indian Country.--
       ``(1) In general.--For the purpose of application of this 
     section in Indian country, the terms `State' and `Governor of 
     a State' include the Secretary of the Interior and the term 
     `political subdivision of a State' includes an Indian tribe. 
     Notwithstanding the provisions of subparagraph (b)(1)(C) of 
     this section, 95 percent of the funds apportioned to the 
     Secretary of the Interior under this

[[Page S10634]]

     section shall be expended by Indian tribes to carry out 
     highway safety programs within their jurisdictions. The 
     provisions of subparagraph (b)(1)(D) of this section shall be 
     applicable to Indian tribes, except to those tribes with 
     respect to which the Secretary determines that application of 
     such provisions would not be practicable.
       ``(2) Indian country defined.--For the purposes of this 
     subsection, the term `Indian country' means--
       ``(A) all land within the limits of any Indian reservation 
     under the jurisdiction of the United States, notwithstanding 
     the issuance of any patent, and including rights-of-way 
     running through the reservation;
       ``(B) all dependent Indian communities within the borders 
     of the United States whether within the original or 
     subsequently acquired territory thereof and whether within or 
     without the limits of a State; and
       ``(C) all Indian allotments, the Indian titles to which 
     have not been extinguished, including rights-of-way running 
     through such allotments.''.
       (e) Rulemaking Process.--Section 402(j) of such title is 
     amended to read as follows:
       ``(j) Rulemaking Process.--The Secretary may from time to 
     time conduct a rulemaking process to identify highway safety 
     programs that are highly effective in reducing motor vehicle 
     crashes, injuries and deaths. Any such rulemaking shall take 
     into account the major role of the States in implementing 
     such programs. When a rule promulgated in accordance with 
     this section takes effect, States shall consider these highly 
     effective programs when developing their highway safety 
     programs.''.
       (f)  Safety Incentive Grants.--Section 402(k) of such title 
     is amended to read as follows:
       ``(k)(1) Safety Incentive Grants: General Authority.--The 
     Secretary shall make a grant to a State that takes specific 
     actions to advance highway safety under subsection (l), (m), 
     (n), or (o) of this section. A State may qualify for more 
     than one grant and shall receive a separate grant for each 
     subsection for which it qualifies. Such grants may only be 
     used by recipient States to implement and enforce, as 
     appropriate, the programs for which the grants are awarded.
       ``(2) Maintenance of Effort.--No grant may be made to a 
     State under subsection (l), (m), (n), or (o) of this section 
     in any fiscal year unless such State enters into such 
     agreements with the Secretary as the Secretary may require to 
     ensure that such State will maintain its aggregate 
     expenditures from all other sources for the specific actions 
     for which a grant is provided at or above the average level 
     of such expenditures in its 2 fiscal years preceding the date 
     of the enactment of this subsection.
       ``(3) Maximum Period of Eligibility; Federal Share for 
     Grants.--Each grant under subsection (l), (m), (n), or (o) of 
     this section shall be available for not more than 6 fiscal 
     years beginning in the fiscal year after September 30, 1997, 
     in which the State becomes eligible for the grant. The 
     Federal share payable for any grant under subsection (l), 
     (m), (n), or (o) shall not exceed--
       ``(A) in the first and second fiscal years in which the 
     State receives the grant, 75 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year a program adopted by the State;
       ``(B) in the third and fourth fiscal years in which the 
     State receives the grant, 50 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program; and
       ``(C) in the fifth and sixth fiscal years in which the 
     State receives the grant, 25 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program.
       ``(l) Alcohol-Impaired Driving Countermeasures: Basic Grant 
     Eligibility.--The Secretary shall make grants to those States 
     that adopt and implement effective programs to reduce traffic 
     safety problems resulting from persons driving under the 
     influence of alcohol. A State shall become eligible for one 
     or more of three basic grants under this subsection by 
     adopting or demonstrating the following to the satisfaction 
     of the Secretary:
       ``(1) Basic grant a.--At least 4 of the following:
       ``(A) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
        ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to such a test as 
     proposed by a law enforcement officer, the State agency 
     responsible for administering drivers' licenses, upon 
     receiving the report of the law enforcement officer--

       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and

       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or received notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures.
       ``(B) Underage drinking program.--An effective system, as 
     determined by the Secretary, for preventing operators of 
     motor vehicles under age 21 from obtaining alcoholic 
     beverages. Such system may include the issuance of drivers' 
     licenses to individuals under age 21 that are easily 
     distinguishable in appearance from drivers' licenses issued 
     to individuals age 21 years of age or older.
       ``(C) Stopping motor vehicles.--Either--
       ``(i) A statewide program for stopping motor vehicles on a 
     nondiscriminatory, lawful basis for the purpose of 
     determining whether the operators of such motor vehicles are 
     driving while under the influence of alcohol, or
       ``(ii) a statewide Special Traffic Enforcement Program for 
     impaired driving that emphasizes publicity for the program.
       ``(D) Repeat offenders.--Effective sanctions for repeat 
     offenders convicted of driving under the influence of 
     alcohol. Such sanctions, as determined by the Secretary, may 
     include electronic monitoring; alcohol interlocks; intensive 
     supervision of probation; vehicle impoundment, confiscation, 
     or forfeiture; and dedicated detention facilities.
       ``(E) Graduated licensing system.--A three-stage graduated 
     licensing system for young drivers that includes nighttime 
     driving restrictions during the first two stages, requires 
     all vehicle occupants to be properly restrained, and makes it 
     unlawful for a person under age 21 to operate a motor vehicle 
     with a blood alcohol concentration of .02 percent or greater.
       ``(2) Basic grant b.--Both of the following:
       ``(A) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to such a test as 
     requested by a law enforcement officer, the State agency 
     responsible for administering drivers' licenses, upon 
     receiving the report of the law enforcement officer--

       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and

       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or receives notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures; and
       ``(B) .08 bac per se law.--A law that provides that any 
     person with a blood alcohol concentration of 0.08 percent or 
     greater while operating a motor vehicle shall be deemed to be 
     driving while intoxicated.
       ``(3) Basic grant c.--Both of the following:
       ``(A) Fatal impaired driver percentage reduction.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has 
     decreased in each of the 3 most recent calendar years for 
     which statistics for determining such percentages are 
     available; and
       ``(B) Fatal impaired driver percentage comparison.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has been 
     lower than the average percentage for all States in each of 
     such calendar years.
       ``(4) Basic grant amount.--The amount of each basic grant 
     under this subsection for any fiscal year shall be up to 15 
     percent of the amount apportioned to the State for fiscal 
     year 1997 under section 402 of this title.
       ``(5) Alcohol-impaired driving countermeasures: 
     supplemental grants.--During the period in which a State is 
     eligible for a basic grant under this subsection, the State 
     shall be eligible to receive a supplemental grant in no more 
     than two fiscal years of up to 5 percent of the amount 
     apportioned to the State in fiscal year 1997 under section 
     402 of this title. The State may receive a separate 
     supplemental grant for meeting each of the following 
     criteria:
       ``(A) Open container laws.--The State makes unlawful the 
     possession of any open alcoholic beverage container, or the 
     consumption of any alcoholic beverage, in the passenger area 
     of any motor vehicle located on a public highway or the 
     right-of-way of a public highway, except--
       ``(i) as allowed in the passenger area, by a person (other 
     than the driver), of any motor vehicle designed to transport 
     more than 10 passengers (including the driver) while being 
     used to provide charter transportation of passengers; or
       ``(ii) as otherwise specifically allowed by such State, 
     with the approval of the Secretary, but in no event may the 
     driver of such motor vehicle be allowed to possess or consume 
     an alcoholic beverage in the passenger area.
       ``(B) Mandatory blood alcohol concentration testing 
     programs.--The State provides for mandatory blood alcohol 
     concentration testing whenever a law enforcement officer has 
     probable cause under State law to believe that a driver of a 
     motor vehicle involved in a crash resulting in the loss

[[Page S10635]]

     of human life or, as determined by the Secretary, serious 
     bodily injury, has committed an alcohol-related traffic 
     offense.
       ``(C) Video equipment for detection of drunk drivers.--The 
     State provides for a program to acquire video equipment to be 
     used in detecting persons who operate motor vehicles while 
     under the influence of alcohol and in prosecuting those 
     persons, and to train personnel in the use of that equipment.
       ``(D) Blood alcohol concentration for persons under age 
     21.--The State enacts and enforces a law providing that any 
     person under age 21 with a blood alcohol concentration of 
     0.02 percent or greater when driving a motor vehicle shall be 
     deemed to be driving while intoxicated or driving under the 
     influence of alcohol, and further provides for a minimum 
     suspension of the person's driver's license for not less than 
     30 days.
       ``(E) Self-sustaining drunk driving prevention program.--
     The State provides for a self-sustaining drunk driving 
     prevention program under which a significant portion of the 
     fines or surcharges collected from individuals apprehended 
     and fined for operating a motor vehicle while under the 
     influence of alcohol are returned to those communities which 
     have comprehensive programs for the prevention of such 
     operations of motor vehicles.
       ``(F) Reducing driving with a suspended license.--The State 
     enacts and enforces a law to reduce driving with a suspended 
     license. Such law, as determined by the Secretary, may 
     require a ``zebra'' stripe that is clearly visible on the 
     license plate of any motor vehicle owned and operated by a 
     driver with a suspended license.
       ``(G) Effective dwi tracking system.--The State 
     demonstrates an effective driving while intoxicated (DWI) 
     tracking system. Such a system, as determined by the 
     Secretary, may include data covering arrests, case 
     prosecutions, court dispositions and sanctions, and provide 
     for the linkage of such data and traffic records systems to 
     appropriate jurisdictions and offices within the State.
       ``(H) Assessment of persons convicted of abuse of 
     controlled substances; assignment of treatment for all dwi/
     dui offenders.--The State provides for assessment of 
     individuals convicted of driving while intoxicated or driving 
     under the influence of alcohol or controlled substances, and 
     for the assignment of appropriate treatment.
       ``(I) Use of passive alcohol sensors.--The State provides 
     for a program to acquire passive alcohol sensors to be used 
     by police officers in detecting persons who operate motor 
     vehicles while under the influence of alcohol, and to train 
     police officers in the use of that equipment.
       ``(J) Effective penalties for provision or sale of alcohol 
     to persons under 21.--The State enacts and enforces a law 
     that provides for effective penalties or other consequences 
     for the sale or provision of alcoholic beverages to any 
     individual under 21 years of age.
       ``(6) Definitions.--For the purposes of this subsection, 
     the following definitions apply:
       ``(A) `Alcoholic beverage' has the meaning such term has 
     under section 158(c) of this title.
       ``(B) `Controlled substances' has the meaning such term has 
     under section 102(6) of the Controlled Substances Act (21 
     U.S.C. 802(6)).
       ``(C) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
       ``(D) `Open alcoholic beverage container' means any bottle, 
     can, or other receptacle--
       ``(i) which contains any amount of an alcoholic beverage; 
     and
       ``(ii)(I) which is open or has a broken seal, or
       ``(II) the contents of which are partially removed.
       ``(m) Occupant Protection: Basic Grant Eligibility.--The 
     Secretary shall make basic grants to those States that adopt 
     and implement effective programs to reduce highway deaths and 
     injuries resulting from persons riding unrestrained or 
     improperly restrained in motor vehicles. A State may 
     establish its eligibility for one or both of the grants by 
     adopting or demonstrating the following to the satisfaction 
     of the Secretary:
       ``(1) Basic grant a.--At least 4 of the following:
       ``(A) Safety belt use law for all front seat passengers.--
     The State has in effect a safety belt use law that makes 
     unlawful throughout the State the operation of a passenger 
     motor vehicle whenever a person in the front seat of the 
     vehicle (other than a child who is secured in a child 
     restraint system) does not have a safety belt properly 
     secured about the person's body.
       ``(B) Primary safety belt use law or penalty points.--The 
     State provides for primary enforcement of its safety belt use 
     law or provides for the imposition of penalty points against 
     a person's driver's license for a violation of its safety 
     belt use law.
       ``(C) Child passenger protection law.--The State has in 
     effect a law that requires any child up to 4 years of age who 
     is riding in a passenger motor vehicle to be properly secured 
     in a child safety seat.
       ``(D) Minimum fines.--The State requires a minimum fine of 
     at least $25 for violations of its safety belt use law and a 
     minimum fine of at least $25 for violations of its child 
     passenger protection law.
       ``(E) Special traffic enforcement program.--The State 
     demonstrates implementation of a statewide Special Traffic 
     Enforcement Program for occupant protection that emphasizes 
     publicity for the program.
       ``(2) Basic grant b.--Both of the following:
       ``(A) State safety belt use rate.--The State demonstrates a 
     statewide safety belt use rate in both front outboard seating 
     positions in all passenger motor vehicles of 80 percent or 
     higher in each of the first three years a grant under this 
     paragraph is received, and of 85 percent or higher in each of 
     the fourth, fifth, and sixth years a grant under this 
     paragraph is received.
       ``(B) Survey method.--The State follows safety belt use 
     survey methods which conform to guidelines issued by the 
     Secretary ensuring that such measurements are accurate and 
     representative.
       ``(3) Basic grant amount.--The amount of each basic grant 
     for which a State qualifies under this subsection for any 
     fiscal year shall equal up to 20 percent of the amount 
     apportioned to the State for fiscal year 1997 under section 
     402 of this title.
       ``(4) Occupant protection program: supplemental grants.--
     During the period in which a State is eligible for a basic 
     grant under this subsection, the State shall be eligible to 
     receive a supplemental grant in a fiscal year of up to 5 
     percent of the amount apportioned to the State in fiscal year 
     1997 under section 402 of this title. The State may receive a 
     separate supplemental grant for meeting each of the following 
     criteria:
       ``(A) Penalty points against a driver's license for 
     violations of child passenger protection requirements.--The 
     State has in effect a law that requires the imposition of 
     penalty points against a driver's license for violations of 
     child passenger protection requirements.
       ``(B) Elimination of non-medical exemptions to safety belt 
     and child passenger protection laws.--The State has in effect 
     safety belt and child passenger protection laws that contain 
     no nonmedical exemptions.
       ``(C) Child occupant protection education program.--The 
     State demonstrates implementation of a statewide 
     comprehensive child occupant protection education program 
     that includes education about proper seating positions for 
     children in air bag equipped motor vehicles and instruction 
     on how to reduce the improper use of child restraints 
     systems.
       ``(D) Open bed laws.--The State has in effect a law that 
     prohibits persons from riding in the open bed of a pickup 
     truck.
        ``(E) Safety belt use in rear seats.--The State has in 
     effect a law that requires safety belt use by all rear-seat 
     passengers in all passenger motor vehicles with a rear seat.
       ``(5) Definitions.--As used in this subsection--
        ``(A) `Child safety seat' means any device except safety 
     belts, designed for use in a motor vehicle to restrain, seat, 
     or position children who weigh 50 pounds or less.
        ``(B) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
        ``(C) `Multipurpose passenger vehicle' means a motor 
     vehicle with motive power (except a trailer), designed to 
     carry not more than 10 individuals, that is constructed 
     either on a truck chassis or with special features for 
     occasional off-road operation.
        ``(D) `Passenger car' means a motor vehicle with motive 
     power (except a multipurpose passenger vehicle, motorcycle, 
     or trailer) designed to carry not more than 10 individuals.
        ``(E) `Passenger motor vehicle' means a passenger car or a 
     multipurpose passenger motor vehicle.
        ``(F) `Safety belt' means--
       ``(i) with respect to open-body passenger vehicles, 
     including convertibles, an occupant restraint system 
     consisting of a lap belt or a lap belt and a detachable 
     shoulder belt; and
       ``(ii) with respect to other passenger vehicles, an 
     occupant restraint system consisting of integrated lap and 
     shoulder belts.
       ``(n) State Highway Safety Data Improvements.--The 
     Secretary shall make a grant to a State that takes effective 
     actions to improve the timeliness, accuracy, completeness, 
     uniformity, and accessibility of the State's data needed to 
     identify priorities within State and local highway and 
     traffic safety programs, to evaluate the effectiveness of 
     such efforts, and to link these State data systems, including 
     traffic records, together and with other data systems within 
     the State, such as systems that contain medical and economic 
     data:
       ``(1) First-year grant eligibility.--A State is eligible 
     for a first-year grant under this subsection in a fiscal year 
     if such State either:
       ``(A) Demonstrates, to the satisfaction of the Secretary, 
     that it has--
       ``(i) established a Highway Safety Data and Traffic Records 
     Coordinating Committee with a multi-disciplinary membership 
     including the administrators, collectors, and users of such 
     data (including the public health, injury control, and motor 
     carrier communities) of highway safety and traffic records 
     databases;
       ``(ii) completed within the preceding 5 years a highway 
     safety data and traffic records assessment or audit of its 
     highway safety data and traffic records system; and
       ``(iii) initiated the development of a multi-year highway 
     safety data and traffic records strategic plan to be approved 
     by the Highway Safety Data and Traffic Records Coordinating 
     Committee that identifies and

[[Page S10636]]

     prioritizes its highway safety data and traffic records needs 
     and goals, and that identifies performance-based measures by 
     which progress toward those goals will be determined; or
       ``(B) Provides, to the satisfaction of the Secretary--
       ``(i) certification that it has met the provisions outlined 
     in clauses (A)(i) and (A)(ii) of subparagraph (A) of this 
     paragraph;
       ``(ii) a multi-year plan that identifies and prioritizes 
     the State's highway safety data and traffic records needs and 
     goals, that specifies how its incentive funds for the fiscal 
     year will be used to address those needs and the goals of the 
     plan, and that identifies performance-based measures by which 
     progress toward those goals will be determined; and
       ``(iii) certification that the Highway Safety Data and 
     Traffic Records Coordinating Committee continues to operate 
     and supports the multi-year plan described in clause (B)(ii) 
     of this subparagraph.
       ``(2) First-year grant amount.--The amount of a first-year 
     grant made for State highway safety data and traffic records 
     improvements for any fiscal year to any State eligible for 
     such a grant under subparagraph (1)(A) of paragraph (A) of 
     this subsection shall equal $125,000, subject to the 
     availability of appropriations, and for any State eligible 
     for such a grant under subparagraph (1)(B) of this subsection 
     shall equal a proportional amount of the amount apportioned 
     to the State for fiscal year 1997 under section 402 of this 
     title, except that no State shall receive less than $225,000, 
     subject to the availability of appropriations.
       ``(3) State highway safety data and traffic records 
     improvements: succeeding-year grants.--A State shall be 
     eligible for a grant in any fiscal year succeeding the first 
     fiscal year in which the State receives a State highway 
     safety data and traffic records grant if the State, to the 
     satisfaction of the Secretary:
       ``(A) Submits or updates a multi-year plan that identifies 
     and prioritizes the State's highway safety data and traffic 
     records needs and goals, that specifies how its incentive 
     funds for the fiscal year will be used to address those needs 
     and the goals of the plan, and that identifies performance-
     based measures by which progress toward those goals will be 
     determined;
       ``(B) Certifies that its Highway Safety Data and Traffic 
     Records Coordinating Committee continues to support the 
     multi-year plan; and
       ``(C) Reports annually on its progress in implementing the 
     multi-year plan.
       ``(4) Succeeding-year grant amounts.--The amount of a 
     succeeding-year grant made for State highway safety data and 
     traffic records improvements for any fiscal year to any State 
     that is eligible for such a grant shall equal a proportional 
     amount of the amount apportioned to the State for fiscal year 
     1997 under section 402 of this title, except that no State 
     shall receive less than $225,000, subject to the availability 
     of appropriations.
       ``(o) Drugged Driving Countermeasures.--The Secretary shall 
     make grants to those States that adopt and implement 
     effective programs to reduce drug use and drugged driving:
       ``(1) Grant eligibility.--A State is eligible for a grant 
     under this subsection in a fiscal year by meeting, to the 
     satisfaction of the Secretary, 5 or more of the following 
     criteria:
       ``(A) Zero tolerance for drugs.--The State has in effect a 
     law that requires that any person with a measurable amount of 
     a controlled substance, a combination of controlled 
     substances, or a combination of alcohol and controlled 
     substances when driving a motor vehicle shall be deemed to be 
     driving under the influence of or impaired by a controlled 
     substance.
       ``(B) Drug impaired driving.--The State has in effect a law 
     that makes it unlawful for any person to drive or be in 
     actual physical control of a motor vehicle while under the 
     influence of or impaired by a drug or substance (licit or 
     illicit).
       ``(C) Mandatory testing for drugs or substances.--The State 
     has in effect a law that provides for mandatory chemical 
     testing whenever a law enforcement officer has probable cause 
     under State law to believe that a driver of a motor vehicle 
     involved in a crash resulting in the loss of human life or, 
     as determined by the Secretary, serious bodily injury, has 
     committed a drug or substance-related traffic offense.
       ``(D) Administrative license revocation.--The State has in 
     effect an administrative driver's license suspension or 
     revocation system for persons who operate motor vehicles 
     while under the influence of a drug or substance which 
     requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of one or more chemical tests to have 
     been operating a motor vehicle under the influence of a drug 
     or substance or is determined to have refused to submit to 
     such a test as requested by the law enforcement officer, the 
     State agency responsible for administering drivers' licenses, 
     upon receipt the report of the law enforcement officer--

       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and

       ``(ii) the suspension and revocation referred to under 
     (D)(i) shall take effect not later than 30 days after the day 
     on which the person was determined to have been driving under 
     the influence of drugs or refused to take a chemical test in 
     accordance with the State's procedures.
       ``(E) License revocation or suspension of persons convicted 
     of drug offenses.--The State has in effect a law that 
     requires in all circumstances, or requires in the absence of 
     compelling circumstances warranting an exception--
       ``(i) the revocation, or suspension for at least 6 months, 
     of the driver's license of any person who is convicted, after 
     the enactment of such law, of--

       ``(I) any violation of the Controlled Substances Act, or
       ``(II) any drug offense; and

       ``(ii) a delay in the issuance or reinstatement of a 
     driver's license to such a person for at least 6 months after 
     the person applies for the issuance or reinstatement of a 
     driver's license if the person does not have a driver's 
     license, or the driver's license of the person is suspended, 
     at the time the person is so convicted.
       ``(F) Graduated licensing.--The State has adopted an 
     effective three-stage graduated licensing system for young 
     drivers, as determined by the Secretary, that includes drug 
     use and drugged driving provisions.
       ``(G) Active enforcement and publicity.--The State provides 
     for active enforcement and publicity, as determined by the 
     Secretary, of drugged driving laws.
       ``(H) Drug intervention.--The State has in effect a system 
     that provides for an assessment of persons determined to have 
     been operating a motor vehicle under the influence of or 
     impaired by a drug or controlled substance, as determined by 
     the Secretary, and referral to drug education, counseling, 
     and treatment, as appropriate.
       ``(I) Drug education.--The State has adopted an effective 
     educational program, as determined by the Secretary, under 
     which drug information is provided to persons who apply for 
     and who renew their driver's licenses, and drug-related 
     questions are included on drivers' license examinations.
       ``(2) Grant amount.--The amount of a grant made for drugged 
     driving countermeasures for any fiscal year to any eligible 
     State shall not be more than 20 percent of the amount 
     apportioned to the State for fiscal year 1997 under section 
     402 of this title.
       ``(3) Definitions.--For the purposes of this subsection--
       ``(A) `Alcoholic beverage' has the meaning such term has 
     under section 158(c) of this title.
       ``(B) `Controlled substances' has the meaning such term has 
     under section 102(6) of the Controlled Substances Act (21 
     U.S.C. 802(6)).
       ``(C) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.''.
       (g) Conforming Amendment.--Section 410 of chapter 4 of this 
     title is repealed, and the analysis for chapter 4 of this 
     title is amended by striking the item relating to Section 
     410.

     SEC. 102. NATIONAL DRIVER REGISTER.

       (a) Transfer of Selected Functions to Non-Federal 
     Management.--Section 30302 of title 49, United States Code, 
     is amended by adding at the end thereof the following:
       ``(e) Transfer of Selected Functions to Non-Federal 
     Management.--(1) The Secretary may enter into an agreement 
     with an organization that represents the interests of the 
     States to manage, administer, and operate the National Driver 
     Register's computer timeshare and user assistance functions. 
     If the Secretary decides to enter into such an agreement, the 
     Secretary shall ensure that the management of these functions 
     is compatible with this chapter and the regulations issued to 
     implement this chapter.
       ``(2) Any transfer of the National Driver Register's 
     computer timeshare and user assistance functions to an 
     organization that represents the interests of the States 
     shall begin only after a determination is made by the 
     Secretary that all States are participating in the National 
     Driver Register's `Problem Driver Pointer System' (the system 
     used by the Register to effect the exchange of motor vehicle 
     driving records), and that the system is functioning 
     properly.
       ``(3) The agreement entered into under this subsection 
     shall include a provision for a transition period sufficient 
     to allow the States to make the budgetary and legislative 
     changes they may need to pay fees charged by the organization 
     representing their interests for their use of the National 
     Driver Register's computer timeshare and user assistance 
     functions. During this transition period, the Secretary 
     (through the National Highway Traffic Safety Administration) 
     shall continue to fund these transferred functions.
       ``(4) The total of the fees charged by the organization 
     representing the interests of the States in any fiscal year 
     for the use of the National Driver Register's computer 
     timeshare and user assistance functions shall not exceed the 
     total cost to the organization for performing these functions 
     in such fiscal year.
       ``(5) Nothing in this subsection shall be construed to 
     diminish, limit, or otherwise affect the authority of the 
     Secretary to carry out this chapter.''.
       (b) Access to Register Information.--
       (1) Conforming amendments.--Section 30305(b) of title 49, 
     United States Code, is amended--

[[Page S10637]]

       (A) in paragraph (2), by inserting before the period at the 
     end ``, unless the information is about a revocation or 
     suspension still in effect on the date of the request'';
       (B) In paragraph (8), as redesignated by section 207(b) of 
     the Coast Guard Authorization Act of 1996 (Public Law 104-
     324, 110 Stat. 3908), by striking ``paragraph (2)'' and 
     substituting ``subsection (a) of this section''; and
       (C) by redesignating paragraph (8), as redesignated by 
     section 502(b)(1) of the Federal Aviation Reauthorization Act 
     of 1996 (Public Law 104-264, 110 Stat. 3262), as paragraph 
     (9).
       (2) Federal agency access provision.--Section 30305(b) of 
     title 49, United States Code, is further amended by--
       (A) redesignating paragraph (6) as paragraph (10) and 
     inserting it after paragraph (9);
       (B) inserting the following new paragraph (6):
       ``(6) The head of a Federal department or agency that 
     issues motor vehicle operator's licenses may request the 
     chief driver licensing official of a State to obtain 
     information under subsection (a) of this section about an 
     individual applicant for a motor vehicle operator's license 
     from such department or agency. The department or agency may 
     receive the information, provided it transmits to the 
     Secretary a report regarding any individual who is  denied a 
     motor vehicle operator's license by that department or 
     agency for cause; whose motor vehicle operator's license 
     is revoked, suspended or canceled by that department or 
     agency for cause; or about whom the department or agency 
     has been notified of a conviction of any of the motor 
     vehicle-related offenses or comparable offenses listed in 
     subsection 30304(a)(3) and over whom the department or 
     agency has licensing authority. The report shall contain 
     the information specified in subsection 30304(b).''; and
       (C) inserting the following at the end of the subsection:
       ``(11) The head of a Federal department or agency 
     authorized to receive information regarding an individual 
     from the Register under this section may request and receive 
     such information from the Secretary.''.

     SEC. 103. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Highway Safety Programs.--The following sums are 
     authorized to be appropriated out of the Highway Trust Fund 
     (other than the Mass Transit Account):
       (1) Consolidated state highway safety programs.--
       (A) For carrying out the State and Community Highway Safety 
     Program under section 402 of title 23, United States Code, by 
     the National Highway Traffic Safety Administration, except 
     for the incentive programs under subsections (l), (m), (n), 
     and (o) of that section--
       (i) $116,370,000 for fiscal year 1998;
       (ii) $121,838,000 for fiscal year 1999;
       (iii) $125,125,000 for fiscal year 2000;
       (iv) $128,505,000 for fiscal year 2001;
       (v) $131,809,000 for fiscal year 2002; and
       (vi) $139,732,000 for fiscal year 2003.
       (B) To carry out the alcohol-impaired driving 
     countermeasures incentive grant provisions of subsection (l) 
     of section 402 of title 23, United States Code, by the 
     National Highway Traffic Safety Administration--
       (i) $30,570,000 for fiscal year 1998;
       (ii) $28,500,000 for fiscal year 1999;
       (iii) $29,273,000 for fiscal year 2000;
       (iv) $30,065,000 for fiscal year 2001;
       (v) $38,743,000 for fiscal year 2002; and
       (vi) $39,815,000 for fiscal year 2003.

     Amounts made available to carry out subsection (l) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (l) to subsections (m), 
     (n), and (o) of section 402 of title 23, United States Code, 
     as necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (C) To carry out the occupant protection program incentive 
     grant provisions of subsection (m) of section 402 of title 
     23, United States Code, by the National Highway Traffic 
     Safety Administration--
       (i) $13,950,000 for fiscal year 1998;
       (ii) $14,618,000 for fiscal year 1999;
       (iii) $15,012,000 for fiscal year 2000;
       (iv) $15,418,000 for fiscal year 2001;
       (v) $17,640,000 for fiscal year 2002; and
       (vi) $17,706,000 for fiscal year 2003.

     Amounts made available to carry out subsection (m) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (m) to subsections (l), 
     (n), and (o) of section 402 of title 23, United States Code, 
     as necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (D) To carry out the State highway safety data improvements 
     incentive grant provisions of subsection (n) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration--
       (i) $8,370,000 for fiscal year 1998;
       (ii) $8,770,000 for fiscal year 1999;
       (iii) $9,007,000 for fiscal year 2000; and
       (iv) $9,250,000 for fiscal year 2001.

     Amounts made available to carry out subsection (n) are 
     authorized to remain available until expended.
       (E) To carry out the drugged driving countermeasures 
     incentive grant provisions of section 402(o) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration--
       (i) $3,488,000 for fiscal year 1998;
       (ii) $3,654,000 for fiscal year 1999;
       (iii) $3,752,000 for fiscal year 2000;
       (iv) $3,850,000 for fiscal year 2001;
       (v) $3,950,000 for fiscal year 2002; and
       (vi) $4,071,000 for fiscal year 2003.

       Amounts made available to carry out subsection (o) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (o) to subsections (l), 
     (m), and (n) of section 402 of title 23, United States Code, 
     as necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (2) National driver register.--For carrying out chapter 303 
     (National Driver Register) of title 49, United States Code, 
     by the National Highway Traffic Safety Administration--
       (i) $1,605,000 for fiscal year 1998;
       (ii) $1,680,000 for fiscal year 1999;
       (iii) $1,726,000 for fiscal year 2000;
       (iv) $1,772,000 for fiscal year 2001;
       (v) $1,817,000 for fiscal year 2002; and
       (vi) $1,872,000 for fiscal year 2003.
                        TITLE II--TRAFFIC SAFETY

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

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

[[Page S10638]]

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

       (a) In General.--Chapter 301 is amended by adding at the 
     end the following new section:

     ``Sec. 30148. International motor vehicle safety outreach

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

       ``30148. International motor vehicle safety outreach''.
     TITLE III--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

     SEC. 301. FINDINGS AND PURPOSES; DEFINITIONS.

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

     ``Sec.  5101. Findings and purposes

       ``(a) Findings.--The Congress finds with respect to 
     hazardous materials transportation that--
       ``(1) approximately 4 billion tons of regulated hazardous 
     materials are transported each year and that approximately 
     500,000 movements of hazardous materials occur each day, 
     according the Department of Transportation estimates;
       ``(2) accidents involving the release of hazardous 
     materials are a serious threat to public health and safety;
       ``(3) many States and localities have enacted laws and 
     regulations that vary from Federal laws and regulations 
     pertaining to the transportation of hazardous materials, 
     thereby creating the potential for unreasonable hazards in 
     other jurisdictions and confounding shippers and carriers 
     that attempt to comply with multiple and conflicting 
     registration, permitting, routings, notification, loading, 
     unloading, incidental storage, and other regulatory 
     requirements;
       ``(4) because of the potential risks to life, property and 
     the environment posed by unintentional releases of hazardous 
     materials, consistency in laws and regulations governing the 
     transportation of hazardous materials, including loading, 
     unloading, and incidental storage, is necessary and 
     desirable;
       ``(5) in order to achieve greater uniformity and to promote 
     the public health, welfare, and safety at all levels, Federal 
     standards for regulating the transportation of hazardous 
     materials in intrastate, interstate, and foreign commerce are 
     necessary and desirable;
       ``(6) in order to provide reasonable, adequate, and cost-
     effective protection from the risks posed by the 
     transportation of hazardous materials, a network of 
     adequately trained State and local emergency response 
     personnel is required;
       ``(7) the movement of hazardous materials in commerce is 
     necessary and desirable to maintain economic vitality and 
     meet consumer demands, and shall be conducted in a safe and 
     efficient manner; and
       ``(8) primary authority for the regulation of such 
     transportation should be consolidated in the Department of 
     Transportation to ensure the safe and efficient movement of 
     hazardous materials in commerce.
       ``(b) Purposes.--The purposes of this chapter are--
       ``(1) to ensure the safe and efficient transportation of 
     hazardous materials in intrastate, interstate, and foreign 
     commerce, including the loading, unloading, and incidental 
     storage of hazardous material;
       ``(2) to provide the Secretary with preemption authority to 
     achieve uniform regulation of hazardous material 
     transportation, to eliminate inconsistent rules that apply 
     differently from Federal rules, to ensure efficient movement 
     of hazardous materials in commerce, and to promote the 
     national health, welfare, and safety; and
       ``(3) to provide adequate training for public sector 
     emergency response teams to ensure safe responses to 
     hazardous material transportation accidents and incidents.''.
       (b) Definitions.--Section 5102 is amended 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. 302. HANDLING CRITERIA REPEAL.

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

     SEC. 303. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

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

     SEC. 304. REGISTRATION.

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

     SEC. 305. SHIPPING PAPER RETENTION.

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

[[Page S10639]]

     shipping paper was provided to the carrier, to be accessible 
     through their respective principal places of business.''.

     SEC. 306. UNSATISFACTORY SAFETY RATING.

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

     SEC. 307. PUBLIC SECTOR TRAINING CURRICULUM.

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

     SEC. 308. PLANNING AND TRAINING GRANTS.

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

     SEC. 309. SPECIAL PERMITS AND EXCLUSIONS.

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

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

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

       ``5117. Special permits and exclusions''.

     SEC. 310. ADMINISTRATION.

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

     SEC. 311. COOPERATIVE AGREEMENTS.

       Section 5121, as amended by section 310(a), is further 
     amended by adding at the end thereof the following:
       ``(c) Authority for Cooperative Agreements.--To carry out 
     this chapter, the Secretary may enter into grants, 
     cooperative agreements, and other transactions with a person, 
     agency or instrumentality of the United States, a unit of 
     State or local government, an Indian tribe, a foreign 
     government (in coordination with the State Department), an 
     educational institution, or other entity to further the 
     objectives of this chapter. The objectives of this chapter 
     include the conduct of research, development, demonstration, 
     risk assessment, emergency response planning and training 
     activities.''.

     SEC. 312. ENFORCEMENT.

       Section 5122, as amended by section 310(b), is further 
     amended by--
       (1) by inserting ``inspect,'' after ``may'' in the first 
     sentence of subsection (a);
       (2) by striking the last sentence of subsection (a) and 
     inserting: ``Except as provided in subsection (e) of this 
     section, the Secretary shall provide notice and an 
     opportunity for a hearing prior to issuing an order requiring 
     compliance with this chapter or a regulation, order, special 
     permit, or approval issued under this chapter.'';
       (3) by redesignating subsections (d), (e) and (f) as 
     subsections (f), (g) and (h), and inserting after subsection 
     (c) the following:
       ``(d) Other Authority.--
       ``(1) Inspection.--During inspections and investigations, 
     officers, employees, or agents of the Secretary may--
       ``(A) open and examine the contents of a package offered 
     for, or in, transportation when--
       ``(i) the package is marked, labeled, certified, placarded, 
     or otherwise represented as containing a hazardous material, 
     or
       ``(ii) there is an objectively reasonable and articulable 
     belief that the package may contain a hazardous material;
       ``(B) take a sample, sufficient for analysis, of material 
     marked or represented as a hazardous material or for which 
     there is an objectively reasonable and articulable belief 
     that the material may be a hazardous material, and analyze 
     that material;
       ``(C) when there is an objectively reasonable and 
     articulable belief that an imminent hazard may exist, prevent 
     the further transportation of the material until the 
     hazardous qualities of that material have been determined; 
     and
       ``(D) when safety might otherwise be compromised, authorize 
     properly qualified personnel to conduct the examination, 
     sampling, or analysis of a material.
       ``(2) Notification.--No package opened pursuant to this 
     subsection shall continue its transportation until the 
     officer, employee, or agent of the Secretary--
       ``(A) affixes a label to the package indicating that the 
     package was inspected pursuant to this subsection; and
       ``(B) notifies the shipper that the package was opened for 
     examination.
       ``(e) Emergency Orders.--
       ``(1) If, through testing, inspection, investigation, or 
     research carried out under this chapter, the Secretary 
     decides that an unsafe condition or practice, or a 
     combination of them, causes an emergency situation involving 
     a hazard of death, personal injury, or significant harm to 
     the environment, the Secretary may immediately issue or 
     impose restrictions, prohibitions, recalls, or out-of-service 
     orders, without notice or the opportunity for a hearing, that 
     may be necessary to abate the situation.
       ``(2) The Secretary's action under this subsection must be 
     in a written order describing the condition or practice, or 
     combination of them, that causes the emergency situation; 
     stating the restrictions, prohibitions, recalls, or out-of-
     service orders being issued or imposed; and prescribing 
     standards and procedures for obtaining relief from the order.
       ``(3) After taking action under this subsection, the 
     Secretary shall provide an opportunity for review of that 
     action under section 554 of title 5.
       ``(4) If a petition for review is filed and the review is 
     not completed by the end of the 30-day period beginning on 
     the date the petition was filed, the action will cease to be 
     effective at the end of that period unless the Secretary 
     determines in writing that the emergency situation still 
     exists.''.

     SEC. 313. PENALTIES.

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

     ``Sec.  5124. Criminal penalty

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

[[Page S10640]]

     be fined under title 18, imprisoned for not more than 20 
     years, or both.''.

     SEC. 314. PREEMPTION.

       (a) Requirements Contrary to Purposes of Chapter.--Section 
     5125(a)(2) is amended by inserting a comma and ``the purposes 
     of this chapter,'' after ``this chapter'' the first place it 
     appears.
       (b) Deadwood.--Section 5125(b)(2) is amended by striking 
     ``prescribes after November 16, 1990.'' and inserting 
     ``prescribes.''.

     SEC. 315. JUDICIAL REVIEW.

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

     ``Sec.  5127. Judicial review

       ``(a) Filing and Venue.--Except as provided in section 
     20114(c) of this title, a person disclosing a substantial 
     interest in a final order issued, under the authority of 
     section 5122 or 5123 of this title, by the Secretary of 
     Transportation, the Administrators of the Research and 
     Special Programs Administration, the Federal Aviation 
     Administration, or the Federal Highway Administration, or the 
     Commandant of the United States Coast Guard (`modal 
     Administrator'), with respect to the duties and powers 
     designated to be carried out by the Secretary under this 
     chapter, may apply for review in the United States Court of 
     Appeals for the District of Columbia or in the court of 
     appeals for the United States for the circuit in which the 
     person resides or has its principal place of business. The 
     petition must be filed not more than 60 days after the order 
     is issued. The court may allow the petition to be filed after 
     the 60th day only if there are reasonable grounds for not 
     filing by the 60th day.
       ``(b) Judicial Procedures.--When a petition is filed under 
     subsection (a) of this section, the clerk of the court 
     immediately shall send a copy of the petition to the 
     Secretary or the modal Administrator, as appropriate. The 
     Secretary or the modal Administrator shall file with the 
     court a record of any proceeding in which the order was 
     issued, as provided in section 2112 of title 28.
       ``(c) Authority of Court.--When the petition is sent to the 
     Secretary or the modal Administrator, the court has exclusive 
     jurisdiction to affirm, amend, modify, or set aside any part 
     of the order and may order the Secretary or the modal 
     Administrator to conduct further proceedings. After 
     reasonable notice to the Secretary or the modal 
     Administrator, the court may grant interim relief by staying 
     the order or taking other appropriate action when good cause 
     for its action exists. Findings of fact by the Secretary or 
     the modal Administrator, if supported by substantial 
     evidence, are conclusive.
       ``(d) Requirement for Prior Objection.--In reviewing a 
     final order under this section, the court may consider an 
     objection to a final order of the Secretary or the modal 
     Administrator only if the objection was made in the course of 
     a proceeding or review conducted by the Secretary, the modal 
     Administrator, or an administrative law judge, or if there 
     was a reasonable ground for not making the objection in the 
     proceeding.
       ``(e) Supreme Court Review.--A decision by a court under 
     this section may be reviewed only by the Supreme Court under 
     section 1254 of title 28, United States Code.''.
       (b) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5127 and inserting the 
     following:

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

     SEC. 316. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 315 of 
     this Act, is amended by redesignating section 5128 as section 
     5129 and by inserting after section 5127 the following:

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

       ``(a) Study.--The Secretary of Transportation shall conduct 
     a study--
       ``(1) to determine the safety benefits and administrative 
     efficiency of implementing a Federal permit program for high 
     risk hazardous material carriers;
       ``(2) to identify and evaluate alternative regulatory 
     methods and procedures that may improve the safety of high 
     risk hazardous material carriers and shippers;
       ``(3) to examine the safety benefits of increased 
     monitoring of high risk hazardous material carriers, and the 
     costs, benefits, and procedures of existing State permit 
     programs;
       ``(4) to make such recommendations as may be appropriate 
     for the improvement of uniformity among existing State permit 
     programs; and
       ``(5) to assess the potential of advanced technologies for 
     improving the assessment of high risk hazardous material 
     carriers' compliance with motor carrier safety regulations.
       ``(b) Timeframe.--The Secretary shall begin the study 
     required by subsection (a) within 6 months after the date of 
     enactment of the Intermodal Transportation Safety Act of 1997 
     and complete it within 30 months.
       ``(c) Report.--The Secretary shall report the findings of 
     the study required by subsection (a), together with such 
     recommendations as may be appropriate, within 36 months after 
     the date of enactment of that Act.''.
       (b) Section 5109 Regulations to Reflect Study Findings.--
     Section 5109(h) is amended by striking ``not later than 
     November 16, 1991.'' and inserting ``based upon the findings 
     of the study required by section 5128(a).''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     51, as amended by section 315, is amended by striking the 
     item relating to section 5128 and inserting the following:

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

     SEC. 317. AUTHORIZATION OF APPROPRIATIONS.

       Section 5129, as redesignated, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General.--There are authorized to be appropriated to 
     the Secretary of Transportation to carry out this chapter 
     (except sections 5107(e), 5108(g)(2), 5113, 5115, and 5116) 
     not more than--
       ``(1) $15,492,000 for fiscal year 1998;
       ``(2) $16,000,000 for fiscal year 1999;
       ``(3) $16,500,000 for fiscal year 2000;
       ``(4) $17,000,000 for fiscal year 2001;
       ``(5) $17,500,000 for fiscal year 2002; and
       ``(6) $18,000,000 for fiscal year 2003.''; and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Training Curriculum.--Not more than $200,000 is 
     available to the Secretary of Transportation from the account 
     established under section 5116(i) of this title for each of 
     the fiscal years ending September 30, 1999-2003, to carry out 
     section 5115 of this title.
       ``(d) Planning and Training.--
       ``(1) Not more than $2,444,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) of this title for the fiscal year 
     ending September 30, 1998, and such sums as may be necessary 
     for fiscal years 1999-2003, to carry out section 5116(a) of 
     this title.
       ``(2) Not more than $3,666,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) of this title for the fiscal year 
     ending September 30, 1998, and such sums as may be necessary 
     for fiscal years 1999-2003, to carry out section 5116(b) of 
     this title.
       ``(3) Not more than $600,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) of this title for the fiscal year ending September 
     30, 1998, and such sums as may be necessary for fiscal years 
     1999-2003, to carry out section 5116(f) of this title.''.
             TITLE IV--COMPREHENSIVE ONE-CALL NOTIFICATION

     SEC. 401. FINDINGS.

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

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

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

             ``CHAPTER 61.--ONE-CALL NOTIFICATION PROGRAMS

       ``Sec.
       ``6101. Purposes
       ``6102. Definitions
       ``6103. Minimum standards for State one-call notification 
           programs
       ``6104. Compliance with minimum standards
       ``6105. Review of one-call system best practices
       ``6106. Grants to States
       ``6107. Authorization of appropriations

     ``Sec.  6101. Purposes

       ``The purposes of this chapter are--
       ``(1) to enhance public safety;
       ``(2) to protect the environment;
       ``(3) to minimize risks to excavators; and
       ``(4) to prevent disruption of vital public services,

     by reducing the incidence of damage to underground facilities 
     during excavation through the adoption and efficient 
     implementation by all States of State one-call notification 
     programs that meet the minimum standards set forth under 
     section 6103.

     ``Sec.  6102. Definitions

       ``For purposes of this chapter--
       ``(1) One-call notification system.--The term `one-call 
     notification system' means a system operated by an 
     organization that has as one of its purposes to receive 
     notification from excavators of intended excavation in a 
     specified area in order to disseminate such notification to 
     underground facility operators that are members of the system 
     so that such operators can locate and mark their facilities 
     in order to prevent damage to underground facilities in the 
     course of such excavation.
       ``(2) State one-call notification program.--The term `State 
     one-call notification program' means the State statutes, 
     regulations, orders, judicial decisions, and other

[[Page S10641]]

     elements of law and policy in effect in a State that 
     establish the requirements for the operation of one-call 
     notification systems in such State.
       ``(3) State.--The term `State' means a State, the District 
     of Columbia, and Puerto Rico.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.

     ``Sec.  6103. Minimum standards for State one-call 
       notification programs

       ``(a) Minimum Standards.--A State one-call notification 
     program shall, at a minimum, provide for--
       ``(1) appropriate participation by all underground facility 
     operators;
       ``(2) appropriate participation by all excavators; and
       ``(3) flexible and effective enforcement under State law 
     with respect to participation in, and use of, one-call 
     notification systems.
       ``(b) Appropriate Participation.--In determining the 
     appropriate extent of participation required for types of 
     underground facilities or excavators under subsection (a), a 
     State shall assess, rank, and take into consideration the 
     risks to the public safety, the environment, excavators, and 
     vital public services associated with--
       ``(1) damage to types of underground facilities; and
       ``(2) activities of types of excavators.
       ``(c) Implementation.--A State one-call notification 
     program also shall, at a minimum, provide for--
       ``(1) consideration of the ranking of risks under 
     subsection (b) in the enforcement of its provisions;
       ``(2) a reasonable relationship between the benefits of 
     one-call notification and the cost of implementing and 
     complying with the requirements of the State one-call 
     notification program; and
       ``(3) voluntary participation where the State determines 
     that a type of underground facility or an activity of a type 
     of excavator poses a de minimis risk to public safety or the 
     environment.
       ``(d) Penalties.--To the extent the State determines 
     appropriate and necessary to achieve the purposes of this 
     chapter, a State one-call notification program shall, at a 
     minimum, provide for--
       ``(1) administrative or civil penalties commensurate with 
     the seriousness of a violation by an excavator or facility 
     owner of a State one-call notification program;
       ``(2) increased penalties for parties that repeatedly 
     damage underground facilities because they fail to use one-
     call notification systems or for parties that repeatedly fail 
     to provide timely and accurate marking after the required 
     call has been made to a one-call notification system;
       ``(3) reduced or waived penalties for a violation of a 
     requirement of a State one-call notification program that 
     results in, or could result in, damage that is promptly 
     reported by the violator;
       ``(4) equitable relief; and
       ``(5) citation of violations.

     ``Sec.  6104. Compliance with minimum standards

       ``(a) Requirement.--In order to qualify for a grant under 
     section 6106, each State shall, within 2 years after the date 
     of the enactment of the Intermodal Transportation Safety Act 
     of 1997, submit to the Secretary a grant application under 
     subsection (b).
       ``(b) Application.--
       ``(1) Upon application by a State, the Secretary shall 
     review that State's one-call notification program, including 
     the provisions for implementation of the program and the 
     record of compliance and enforcement under the program.
       ``(2) Based on the review under paragraph (1), the 
     Secretary shall determine whether the State's one-call 
     notification program meets the minimum standards for such a 
     program set forth in section 6103 in order to qualify for a 
     grant under section 6106.
       ``(3) In order to expedite compliance under this section, 
     the Secretary may consult with the State as to whether an 
     existing State one-call notification program, a specific 
     modification thereof, or a proposed State program would 
     result in a positive determination under paragraph (2).
       ``(4) The Secretary shall prescribe the form of, and manner 
     of filing, an application under this section that shall 
     provide sufficient information about a State's one-call 
     notification program for the Secretary to evaluate its 
     overall effectiveness. Such information may include the 
     nature and reasons for exceptions from required 
     participation, the types of enforcement available, and such 
     other information as the Secretary deems necessary.
       ``(5) The application of a State under paragraph (1) and 
     the record of actions of the Secretary under this section 
     shall be available to the public.
       ``(c) Alternative Program--A State may maintain an 
     alternative one-call notification program if that program 
     provides protection for public safety, the environment, or 
     excavators that is equivalent to, or greater than, protection 
     under a program that meets the minimum standards set forth in 
     section 6103.
       ``(d) Report--Within 3 years after the date of the 
     enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary shall begin to include the following 
     information in reports submitted under section 60124 of this 
     title--
       ``(1) a description of the extent to which each State has 
     adopted and implemented the minimum Federal standards under 
     section 6103 or maintains an alternative program under 
     subsection (c);
       ``(2) an analysis by the Secretary of the overall 
     effectiveness of the State's one-call notification program 
     and the one-call notification systems operating under such 
     program in achieving the purposes of this chapter;
       ``(3) the impact of the State's decisions on the extent of 
     required participation in one-call notification systems on 
     prevention of damage to underground facilities; and
       ``(4) areas where improvements are needed in one-call 
     notification systems in operation in the State.

     The report shall also include any recommendations the 
     Secretary determines appropriate. If the Secretary determines 
     that the purposes of this chapter have been substantially 
     achieved, no further report under this section shall be 
     required.

     ``Sec.  6105. Review of one-call system best practices

       ``(a) Study of Existing One-call Systems.--Except as 
     provided in subsection (d), the Secretary, in consultation 
     with other appropriate Federal agencies, State agencies, one-
     call notification system operators, underground facility 
     operators, excavators, and other interested parties, shall 
     undertake a study of damage prevention practices associated 
     with existing one-call notification systems.
       ``(b) Purpose of Study of Damage Prevention Practices.--The 
     purpose of the study is to assemble information in order to 
     determine which existing one-call notification systems 
     practices appear to be the most effective in preventing 
     damage to underground facilities and in protecting the 
     public, the environment, excavators, and public service 
     disruption. As part of the study, the Secretary shall at a 
     minimum consider--
       ``(1) the methods used by one-call notification systems and 
     others to encourage participation by excavators and owners of 
     underground facilities;
       ``(2) the methods by which one-call notification systems 
     promote awareness of their programs, including use of public 
     service announcements and educational materials and programs;
       ``(3) the methods by which one-call notification systems 
     receive and distribute information from excavators and 
     underground facility owners;
       ``(4) the use of any performance and service standards to 
     verify the effectiveness of a one-call notification system;
       ``(5) the effectiveness and accuracy of mapping used by 
     one-call notification systems;
       ``(6) the relationship between one-call notification 
     systems and preventing intentional damage to underground 
     facilities;
       ``(7) how one-call notification systems address the need 
     for rapid response to situations where the need to excavate 
     is urgent;
       ``(8) the extent to which accidents occur due to errors in 
     marking of underground facilities, untimely marking or errors 
     in the excavation process after a one-call notification 
     system has been notified of an excavation;
       ``(9) the extent to which personnel engaged in marking 
     underground facilities may be endangered;
       ``(10) the characteristics of damage prevention programs 
     the Secretary believes could be relevant to the effectiveness 
     of State one-call notification programs; and
       ``(11) the effectiveness of penalties and enforcement 
     activities under State one-call notification programs in 
     obtaining compliance with program requirements.
       ``(c) Report--Within 1 year after the date of the enactment 
     of the Intermodal Transportation Safety Act of 1997, the 
     Secretary shall publish a report identifying those practices 
     of one-call notification systems that are the most and least 
     successful in--
       ``(1) preventing damage to underground facilities; and
       ``(2) providing effective and efficient service to 
     excavators and underground facility operators.

     The Secretary shall encourage States and operators of one-
     call notification programs to adopt and implement the most 
     successful practices identified in the report.
       ``(d)  Secretarial Discretion--Prior to undertaking the 
     study described in subsection (a), the Secretary shall 
     determine whether timely information described in subsection 
     (b) is readily available. If the Secretary determines that 
     such information is readily available, the Secretary is not 
     required to carry out the study.

     ``Sec.  6106. Grants to States

       ``(a) In General.--The Secretary may make a grant of 
     financial assistance to a State that qualifies under section 
     6104(b) to assist in improving--
       ``(1) the overall quality and effectiveness of one-call 
     notification systems in the State;
       ``(2) communications systems linking one-call notification 
     systems;
       ``(3) location capabilities, including training personnel 
     and developing and using location technology;
       ``(4) record retention and recording capabilities for one-
     call notification systems;
       ``(5) public information and education;
       ``(6) participation in one-call notification systems; or
       ``(7) compliance and enforcement under the State one-call 
     notification program.
       ``(b) State Action Taken into Account.--In making grants 
     under this section the Secretary shall take into 
     consideration the commitment of each State to improving its

[[Page S10642]]

     State one-call notification program, including legislative 
     and regulatory actions taken by the State after the date of 
     enactment of the Intermodal Transportation Safety Act of 
     1997.
       ``(c) Funding for One-Call Notification Systems.--A State 
     may provide funds received under this section directly to any 
     one-call notification system in such State that substantially 
     adopts the best practices identified under section 6105.

     ``Sec.  6107. Authorization of appropriations

       ``(a) For Grants to States.--There are authorized to be 
     appropriated to the Secretary in fiscal year 1999 no more 
     than $1,000,000 and in fiscal year 2000 no more than 
     $5,000,000, to be available until expended, to provide grants 
     to States under section 6106.
       ``(b) For Administration.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     during fiscal years 1998, 1999, and 2000 to carry out 
     sections 6103, 6104, and 6105.
       ``(c) General Revenue Funding.--Any sums appropriated under 
     this section shall be derived from general revenues and may 
     not be derived from amounts collected under section 60301 of 
     this title.''.
       (b) Conforming Amendments.--
       (1) The analysis of chapters for subtitle III is amended by 
     adding at the end thereof the following:

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

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

     SEC. 501. STATEMENT OF PURPOSE.

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

     ``Sec.  31100. Purpose

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

       ``Sec. 31100. Purposes''.

     SEC. 502. GRANTS TO STATES.

       (a) Performance-based Grants.--Section 31102 is amended--
       (1) by inserting ``improving motor carrier safety and'' in 
     subsection (a) after ``programs for''; and
       (2) by striking ``adopt and assume responsibility for 
     enforcing'' in the first sentence of paragraph (b)(1) and 
     inserting ``assume responsibility for improving motor carrier 
     safety and to adopt and enforce''.
       (b) Hazardous Materials.--Section 31102 is amended--
       (1) by inserting a comma and ``hazardous materials 
     transportation safety,'' after ``commercial motor vehicle 
     safety'' in subsection (a); and
       (2) by inserting a comma and ``hazardous materials 
     transportation safety,'' in the first sentence of subsection 
     (b) after ``commercial motor vehicle safety''.
       (c) Contents of State Plans.--Section 31102(b)(1) is 
     amended--
       (1) by redesignating subparagraphs (A) through (Q) as 
     subparagraphs (B) through (R), respectively;
       (2) by inserting before subparagraph (B), as redesignated, 
     the following:
       ``(A) implements performance-based activities by fiscal 
     year 2000;''
       (3) by inserting ``(1)'' in subparagraph (K), as 
     redesignated, after ``(c)''; and
       (4) by striking subparagraphs (L) and (M), as redesignated, 
     and inserting the following:
       ``(L) ensures consistent, effective, and reasonable 
     sanctions;
       ``(M) ensures that the State agency will coordinate the 
     plan, data collection, and information systems with the State 
     highway safety programs under title 23;'';
       (5) by striking ``activities--'' in subparagraph (P), as 
     redesignated, and inserting ``activities in support of 
     national priorities and performance goals including--'';
       (6) by striking ``to remove'' in clause (i) of subparagraph 
     (P), as redesignated, and inserting ``activities aimed at 
     removing''; and
       (7) by striking ``to provide'' in clause (ii) of 
     subparagraph (P), as redesignated, and inserting ``activities 
     aimed at providing''.

     SEC. 503. FEDERAL SHARE.

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

     SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 31104(a) is amended to read as 
     follows:
       ``(a) General.--Subject to section 9503(c)(1) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), there 
     are available from the Highway Trust Fund (except the Mass 
     Transit Account) for the Secretary of Transportation to incur 
     obligations to carry out section 31102 of this title, not 
     more than--
       ``(1) $80,000,000 for the fiscal year ending September 30, 
     1998;
       ``(2) $82,000,000 for the fiscal year ending September 30, 
     1999;
       ``(3) $84,000,000 for the fiscal year ending September 30, 
     2000;
       ``(4) $86,000,000 for the fiscal year ending September 30, 
     2001;
       ``(5) $88,000,000 for the fiscal year ending September 30, 
     2002; and
       ``(6) $90,000,000 for the fiscal year ending September 30, 
     2003.''.
       (b) Availability and Reallocation.--Section 31104(b)(2) is 
     amended to read as follows:
       ``(2) Amounts made available under section 4002(e)(1) and 
     (2) of the Intermodal Surface Transportation Efficiency Act 
     of 1991 before October 1, 1996, that are not obligated on 
     October 1, 1997, are available for obligation under paragraph 
     (1) of this subsection.''.
       (c) Allocation Criteria.--Section 31104(f) is amended to 
     read as follows:
       ``(f) Allocation Criteria and Eligibility.--
       ``(1) On October 1 of each fiscal year or as soon after 
     that date as practicable, the Secretary, after making the 
     deduction described in subsection (e) of this section, shall 
     allocate, under criteria the Secretary prescribes through 
     regulation, the amounts available for that fiscal year among 
     the States with plans approved under section 31102 of this 
     title.
       ``(2) The Secretary may designate--
       ``(A) no less than 5 percent of such amounts for activities 
     and projects of national priority for the improvement of 
     commercial motor vehicle safety; and
       ``(B) no less than 5 percent of such amounts to reimburse 
     States for border commercial motor vehicle safety programs 
     and enforcement activities and projects. These amounts shall 
     be allocated by the Secretary to State agencies and local 
     governments that use trained and qualified officers and 
     employees in coordination with State motor vehicle safety 
     agencies.''.
       (d) Other Amendments.--
       (1) Section 31104 is amended by striking subsection (g) and 
     redesignating subsection (h) as subsection (g).
       (2) Section 31104 is amended by striking subsection (i) and 
     redesignating subsection (j) as subsection (h).

     SEC. 505. INFORMATION SYSTEMS AND STRATEGIC SAFETY 
                   INITIATIVES.

       Section 31106 is amended to read as follows:

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

       ``(a) Information Systems.--
       ``(1) In general.--The Secretary is authorized to establish 
     motor carrier information systems and data analysis programs 
     to support motor carrier regulatory and enforcement 
     activities required under this title. In cooperation with the 
     States, the information systems shall be coordinated into a 
     network providing identification of motor carriers and 
     drivers, registration and licensing tracking, and motor 
     carrier and driver safety performance. The Secretary shall 
     develop and maintain data analysis capacity and programs to 
     provide the means to develop strategies to address safety 
     problems and to use data analysis to measure the 
     effectiveness of these strategies and related programs; to 
     determine the cost effectiveness of State and Federal safety 
     compliance, enforcement programs, and other countermeasures; 
     to evaluate the safety fitness of motor carriers and drivers; 
     to identify and collect necessary data; and to adapt, 
     improve, and incorporate other information and information 
     systems as deemed appropriate by the Secretary.
       ``(2) Performance and Registration Information Systems 
     Management--
       ``(A) The Secretary shall include, as part of the motor 
     carrier safety information network system of the Department 
     of Transportation, an information system, to be called the 
     Performance and Registration Information Systems Management, 
     to serve as a clearinghouse and repository of information 
     related to State registration and licensing of commercial 
     motor vehicles and the safety system of the commercial motor 
     vehicle registrants or the motor carriers operating the 
     vehicles. The Secretary may include in the system information 
     on the safety fitness of each of the motor carriers and 
     registrants and other information the Secretary considers 
     appropriate, including information on vehicle, driver, and 
     motor carrier safety performance.
       ``(B) The Secretary shall prescribe technical and 
     operational standards to ensure--

[[Page S10643]]

       ``(i) uniform, timely and accurate information collection 
     and reporting by the States necessary to carry out this 
     system;
       ``(ii) uniform State and Federal procedures and policies 
     necessary to operate the Commercial Vehicle Information 
     System; and
       ``(iii) the availability and reliability of the information 
     to the States and the Secretary from the information system.
       ``(C) The system shall link the Federal motor carrier 
     safety systems with State driver and commercial vehicle 
     registration and licensing systems, and shall be designed--
       ``(i) to enable a State, when issuing license plates or 
     throughout the registration period for a commercial motor 
     vehicle, to determine, through the use of the information 
     system, the safety fitness of the registrant or motor 
     carrier;
       ``(ii) to allow a State to decide, in cooperation with the 
     Secretary, the types of sanctions that may be imposed on the 
     registrant or motor carrier, or the types of conditions or 
     limitations that may be imposed on the operations of the 
     registrant or motor carrier that will ensure the safety 
     fitness of the registrant or motor carrier;
       ``(iii) to monitor the safety fitness of the registrant or 
     motor carrier during the registration period; and
       ``(iv) to require the State, as a condition of 
     participation in the system, to implement uniform policies, 
     procedures, and standards, and to possess or seek authority 
     to impose commercial motor vehicle registration sanctions on 
     the basis of a Federal safety fitness determination.
       ``(D) Of the amounts available for expenditure under this 
     section, up to 50 percent in each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003 may be made available to carry out 
     paragraph (a)(2) of this section. The Secretary may authorize 
     the operation of the information system by contract, through 
     an agreement with one or more States, or by designating, 
     after consultation with the States, a third party that 
     represents the interests of the States. Of the amounts made 
     available to carry out subsection (a)(2) of this section, the 
     Secretary is encouraged to direct no less than 80 percent to 
     States that have not previously received financial assistance 
     to develop or implement the Performance and Registration 
     Information Systems Management system.
       ``(b) Commercial Motor Vehicle Driver Safety Program.--The 
     Secretary is authorized to establish a program focusing on 
     improving commercial motor vehicle driver safety. The 
     objectives of the program shall include--
       ``(1) enhancing the exchange of driver licensing 
     information among the States and among the States, the 
     Federal Government, and foreign countries;
       ``(2) providing information to the judicial system on the 
     commercial motor vehicle driver licensing program; and
       ``(3) evaluating any aspect of driver performance and 
     safety as deemed appropriate by the Secretary.
       ``(c) Cooperative Agreements, Grants, and Contracts.--The 
     Secretary may carry out this section either independently or 
     in cooperation with other Federal departments, agencies, and 
     instrumentalities, or by making grants to and entering into 
     contracts and cooperative agreements with States, localities, 
     associations, institutions, corporations (profit or 
     nonprofit) or other persons.''.

     SEC. 506. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

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

     SEC. 507. MOTOR CARRIER AND DRIVER SAFETY RESEARCH.

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

     SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

       Section 31107 is amended to read as follows:

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

       ``There shall be available from the Highway Trust Fund 
     (other than the Mass Transit Account) for the Secretary to 
     incur obligations to carry out section 31106 of this title 
     the sum of $10,000,000 for each of the fiscal years 1998, 
     1999, 2000, 2001, 2002, and 2003. The amounts made available 
     under this subsection shall remain available until 
     expended.''.

     SEC. 509. CONFORMING AMENDMENTS.

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

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

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

       ``31106. Information systems and strategic safety 
           initiatives
       ``31107. Authorization of appropriations for information 
           systems and strategic safety initiatives''.

     SEC. 510. AUTOMOBILE TRANSPORTER DEFINED.

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

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

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

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

       (B) The chapter analysis of chapter 311 of such title is 
     amended by striking the item relating to section 31141 and 
     inserting the following:

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

       (d) Inspection of Vehicles.--
       (1) Section 31142 is amended--
       (A) by striking ``part 393 of title 49, Code of Federal 
     Regulations'' in subsection (a) and inserting ``regulations 
     issued pursuant to section 31135 of this title''; and
       (B) by striking subsection (c)(1)(C) and inserting the 
     following:
       ``(C) prevent a State from participating in the activities 
     of a voluntary group of States enforcing a program for 
     inspection of commercial motor vehicles; or''.
       (2) Subchapter IV of chapter 311 is amended--
       (A) by striking sections 31161 and 31162; and
       (B) by striking the items relating to sections 31161 and 
     31162 in the chapter analysis for that chapter.
       (3) Section 31102(b)(1) is amended--
       (A) by striking ``and'' at the end of subparagraph (P);

[[Page S10644]]

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

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

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

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

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

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

       (g) Definitions.--
       (1) Section 31101(1) is amended--
       (A) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating''in subparagraph (A);
       (ii) by striking ``10,000'' and inserting ``10,001'';
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) is designed or used to transport passengers for 
     compensation, but does not include a vehicle providing 
     taxicab service and having a capacity of not more than 6 
     passengers and not operated on a regular route or between 
     specified places;'';
       (C) by inserting ``and transported in a quantity requiring 
     placarding under regulations prescribed by the Secretary 
     under section 5103'' after ``title'' in subparagraph (C).
       (2) Section 31132 is amended--
       (A) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating'' in paragraph (1)(A); and
       (B) by adding at the end of paragraph (3) the following:

     ``For purposes of this paragraph, the term ` business 
     affecting interstate commerce' means a business employing a 
     commercial motor vehicle in interstate commerce and includes 
     all operations of the business in intrastate commerce which 
     use vehicles otherwise defined as commercial motor vehicles 
     under paragraph (1) of this section.''.
       (h) Employee Protections.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in conjunction with the Secretary of Labor, 
     shall report to the United States Senate Committee on 
     Commerce, Science, and Transportation and the United States 
     House of Representatives Committee on Transportation and 
     Infrastructure on the effectiveness of existing statutory 
     employee protections provided for under section 31105 of 
     title 49, United States Code. The report shall include 
     recommendations to address any statutory changes as may be 
     necessary to strengthen the enforcement of such employee 
     protection provisions.
       (i) Inspections and Reports.--
       (1) General powers of the Secretary.--Section 31133(a)(1) 
     is amended by inserting ``and make contracts for'' after 
     ``conduct''.
       (2) Reports and records.--Section 504(c) is amended by 
     inserting ``(and, in the case of a motor carrier, a 
     contractor)'' before the second comma.

     SEC. 512. COMMERCIAL MOTOR VEHICLE OPERATORS.

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

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

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

       ``31302. Commercial driver's license requirement''.
       (B) Section 31305(a) is amended by redesignating paragraphs 
     (2) through (8) as paragraphs (3) through (9), respectively, 
     and by inserting after paragraph (1) the following:
       ``(2) may establish performance based testing and licensing 
     standards that more accurately measure and reflect an 
     individual's knowledge and skills as an operator;''.
       (c) Commercial Driver's License Information System.--
     Section 31309 is amended--
       (1) by striking ``make an agreement under subsection (b) of 
     this section for the operation of, or establish under 
     subsection (c) of this section,'' in subsection (a) and 
     inserting ``maintain'';
       (2) by striking subsections (b) and (c) and redesignating 
     subsections (d), (e), and (f) as subsections (b), (c), and 
     (d) respectively;
       (3) by striking ``Not later than December 31, 1990, the'' 
     in paragraph (2) of subsection (b), as redesignated, and 
     inserting ``The''; and
       (4) by inserting after the caption of subsection (c), as 
     redesignated, the following: ``Information about a driver in 
     the information system may be made available under the 
     following circumstances:''; and
       (5) by starting a new paragraph with ``(1) On request'' and 
     indenting the paragraph 2 ems from the lefthand margin.
       (d) Requirements for State Participation.--Section 31311(a) 
     is amended--
       (1) by striking ``31310(b)-(e)'' in paragraph (15) and 
     inserting ``31310(b)-(e), and (g)(1)(A) and (2)'';
       (2) by striking paragraph (17); and
       (3) by redesignating paragraph (18) as paragraph (17).
       (e) Withholding Amounts for State Noncompliance.--Section 
     31314 is amended--
       (1) by striking ``, (2), (5), and (6)'' and inserting 
     ``(3), and (5)''; and
       (2) by striking ``1992'' in subsections (a) and (b) and 
     inserting ``1995'';
       (3) by striking paragraph (1) of subsection (c);
       (4) by striking ``(2)'' in subsection (c)(2);
       (5) by striking subsection (d); and
       (6) by redesignating subsection (e) as subsection (d).
       (f) Commercial Motor Vehicle Defined.--Section 31301 is 
     amended--
       (1) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating'' each place it appears in 
     paragraph (4)(A); and

[[Page S10645]]

       (2) by inserting ``is'' in paragraph (4)(C)(ii) before 
     ``transporting'' each place it appears and before ``not 
     otherwise''.
       (g) Safety Performance History of New Drivers; Limitation 
     on Liability.--
       (1) In general.--Chapter 5 is amended by adding at the end 
     thereof the following:

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

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

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

     SEC. 515. PENALTIES.

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

       ``(I) does not make that report;
       ``(II) does not specifically, completely, and truthfully 
     answer that question in 30 days from the date the Secretary 
     requires the question to be answered; or
       ``(III) does not make, prepare, or preserve that record in 
     the form and manner prescribed by the Secretary,

     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $500 for each offense, and each day 
     of the violation shall constitute a separate offense, except 
     that the total of all civil penalties assessed against any 
     violator for all offenses related to any single violation 
     shall not exceed $5,000.
       ``(ii) Any such person, or an officer, agent, or employee 
     of that person, who--

       ``(I) knowingly falsifies, destroys, mutilates, or changes 
     a required report or record;
       ``(II) knowingly files a false report with the Secretary;
       ``(III) knowingly makes or causes or permits to be made a 
     false or incomplete entry in that record about an operation 
     or business fact or transaction; or
       ``(IV) knowingly makes, prepares, or preserves a record in 
     violation of a regulation or order of the Secretary,

     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $5,000 for each violation, provided 
     that any such action can be shown to have misrepresented a 
     fact that constitutes a violation other than a reporting or 
     recordkeeping violation.''.

     SEC. 514. INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL 
                   FUEL TAX AGREEMENT.

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

     SEC. 515. STUDY OF ADEQUACY OF PARKING FACILITIES.

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

     SEC. 516. NATIONAL MINIMUM DRINKING AGE--TECHNICAL 
                   CORRECTIONS.

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

     SEC. 517. APPLICATION OF REGULATIONS.

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

     ``Sec.  31318. Application of regulations to certain 
       operators

       ``Effective 1 year after the date of enactment of the 
     Intermodal Transportation Safety Act of 1997, regulations 
     prescribed under this chapter shall apply to operators of 
     commercial motor vehicles described in section 31301(4)(B) to 
     the extent that those regulations did not apply to those 
     operators before the day that is 1 year after such date of 
     enactment.''.

     SEC. 518. AUTHORITY OVER CHARTER BUS TRANSPORTATION.

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

     SEC. 519. FEDERAL MOTOR CARRIER SAFETY INVESTIGATIONS.

       The Department of Transportation shall maintain the level 
     of Federal motor carrier

[[Page S10646]]

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

     SEC. 520. FOREIGN MOTOR CARRIER SAFETY FITNESS.

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

     SEC. 521. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

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

     SEC. 522. WAIVERS AND PILOT PROGRAMS.

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

     SEC. 601. PURPOSE.

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

     SEC. 602. AMENDMENTS TO THE ``WRECKING TRAINS'' STATUTE.

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

     ``Sec.  1992. Terrorist attacks against railroads

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, sets fire to, or disables any train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(2) brings, carries, possesses, places or causes to be 
     placed any destructive substance, or destructive device in, 
     upon, or near any train, locomotive, motor unit, or freight 
     or passenger car used, operated, or employed by a railroad 
     carrier, without previously obtaining the permission of the 
     carrier, and with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(3) sets fire to, or places any destructive substance, or 
     destructive device in, upon or near, or undermines any 
     tunnel, bridge, viaduct, trestle, track, signal, station, 
     depot, warehouse, terminal, or any other way, structure, 
     property, or appurtenance used in the operation of, or in 
     support of the operation of, a railroad carrier, or otherwise 
     makes any such tunnel, bridge, viaduct, trestle, track, 
     station, depot, warehouse, terminal, or any other way, 
     structure, property, or appurtenance unworkable or unusable 
     or hazardous to work or use, knowing or having reason to know 
     such activity would likely derail, disable, or wreck a train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of any railroad signal system, 
     including a train control system, centralized dispatching 
     system, or highway-railroad grade crossing warning signal on 
     a railroad line used, operated, or employed by a railroad 
     carrier;
       ``(5) interferes with, disables or incapacitates any 
     locomotive engineer, conductor, or other person while they 
     are operating or maintaining a train, locomotive, motor unit, 
     or freight or passenger car used, operated, or employed by a 
     railroad carrier, with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodilyinjury to an employee or passenger of a railroad 
     carrier while on the property of the carrier;
       ``(7) causes the release of a hazardous material being 
     transported by a rail freight car, with the intent to 
     endanger the safety of any person, or with a reckless 
     disregard for the safety of human life;
       ``(8) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(9) attempts, threatens, or conspires to do any of the 
     aforesaid acts,

     shall be fined under this title or imprisoned not more than 
     twenty years, or both, if such act is committed, or in the 
     case of a threat or conspiracy such act would be committed, 
     within the United States on, against, or affecting a railroad 
     carrier engaged in or affecting interstate or foreign 
     commerce, or if in the course of committing such acts, that 
     person travels or communicates across a State line in order 
     to commit such acts, or transports materials across a State 
     line in aid of the commission of such acts; Provided however, 
     that whoever is convicted of any crime prohibited by this 
     subsection shall be:
       ``(A) imprisoned for not less than thirty years or for life 
     if the railroad train involved carried high-level radioactive 
     waste or spent nuclear fuel at the time of the offense;
       ``(B) imprisoned for life if the railroad train involved 
     was carrying passengers at the time of the offense; and
       ``(C) imprisoned for life or sentenced to death if the 
     offense has resulted in the death of any person.
       ``(b) Prohibitions on the Use of Firearms and Dangerous 
     Weapons.--
       ``(1) Except as provided in paragraph (4), whoever 
     knowingly possesses or causes to be present any firearm or 
     other dangerous weapon on board a passenger train of a 
     railroad carrier, or attempts to do so, shall be fined under 
     this title or imprisoned not more than one year, or both, if 
     such act is committed on a railroad carrier that is engaged 
     in or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(2) Whoever, with intent that a firearm or other 
     dangerous weapon be used in the commission of a crime, 
     knowingly possesses or causes to be present such firearm or 
     dangerous weapon on board a passenger train or in a passenger 
     terminal facility of a railroad carrier, or attempts to do 
     so, shall be fined under this title or imprisoned not more 
     than 5 years, or both, if such act is committed on a railroad 
     carrier that is engaged in or affecting interstate or foreign 
     commerce, or if in the course of committing such act, that 
     person travels or communicates across a State line in order 
     to commit such act, or transports materials across a State 
     line in aid of the commission of such act.
       ``(3) A person who kills or attempts to kill a person in 
     the course of a violation of paragraphs (1) or (2), or in the 
     course of an attack on a passenger train or a passenger 
     terminal facility of a railroad carrier involving the use of 
     a firearm or other dangerous weapon, shall be punished as 
     provided in sections 1111, 1112, and 1113 of this title.
       ``(4) Paragraph (1) shall not apply to:
       ``(A) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while engaged in 
     the lawful performance of official duties, who is authorized 
     by law to engage in the transportation of people accused or 
     convicted of crimes, or supervise the prevention, detection, 
     investigation, or prosecution of any violation of law;
       ``(B) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while off duty, if 
     such possession is authorized by law;
       ``(C) the possession of a firearm or other dangerous weapon 
     by a Federal official or a member of the Armed Forces if such 
     possession is authorized by law; or

[[Page S10647]]

       ``(D) an individual transporting a firearm on board a 
     railroad passenger train (except a loaded firearm) in baggage 
     not accessible to any passenger on board the train, if the 
     railroad carrier was informed of the presence of the weapon 
     prior to the firearm being placed on board the train.
       ``(c) Prohibition Against Propelling Objects.--Whoever 
     willfully or recklessly throws, shoots, or propels a rock, 
     stone, brick, or piece of iron, steel, or other metal or any 
     deadly or dangerous object or destructive substance at any 
     locomotive or car of a train, knowing or having reason to 
     know such activity would likely cause personal injury, shall 
     be fined under this title or imprisoned for not more than 5 
     years, or both, if such act is committed on or against a 
     railroad carrier engaged in or affecting interstate or 
     foreign commerce, or if in the course of committing such act, 
     that person travels or communicates across a State line in 
     order to commit such act, or transports materials across a 
     State line in aid of the commission of such act. Whoever is 
     convicted of any crime prohibited by this subsection shall 
     also be subject to imprisonment for not more than twenty 
     years if the offense has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon'' has the meaning given to that 
     term in section 930 of this title;
       ``(3) `destructive substance'' has the meaning given to 
     that term in section 31 of this title, except that (A) the 
     term `radioactive device' does not include any radioactive 
     device or material used solely for medical, industrial, 
     research, or other peaceful purposes, and (B) `destructive 
     substance' includes any radioactive device or material that 
     can be used to cause a harm listed in subsection (a) and that 
     is not in use solely for medical, industrial, research, or 
     other peaceful purposes;
       ``(4) `firearm' has the meaning given to that term in 
     section 921 of this title;
       ``(5) `hazardous material' has the meaning given to that 
     term in section 5102(2) of title 49, United States Code;
       ``(6) `high-level radioactive waste' has the meaning given 
     to that term in section 10101(12) of title 42, United States 
     Code;
       ``(7) `railroad' has the meaning given to that term in 
     section 20102(1) of title 49, United States Code;
       ``(8) `railroad carrier' has the meaning given to that term 
     in section 20102(2) of title 49, United States Code;
       ``(9) `serious bodily injury' has the meaning given to that 
     term in section 1365 of this title;
       ``(10) `spent nuclear fuel' has the meaning given to that 
     term in section 10101(23) of title 42, United States Code; 
     and
       ``(11) `State' has the meaning given to that term in 
     section 2266 of this title.''.
       (b) In the analysis of chapter 97 of title 18, United 
     States Code, item ``1992'' is amended to read:

       ``1992. Terrorist attacks against railroads''.

     SEC. 603. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.

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

     ``Sec.  1994. Terrorist attacks against mass transportation

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, sets fire to, or disables a mass 
     transportation vehicle or vessel;
       ``(2) places or causes to be placed any destructive 
     substance in, upon, or near a mass transportation vehicle or 
     vessel, without previously obtaining the permission of the 
     mass transportation provider, and with intent to endanger the 
     safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(3) sets fire to, or places any destructive substance in, 
     upon, or near any garage, terminal, structure, supply, or 
     facility used in the operation of, or in support of the 
     operation of, a mass transportation vehicle, knowing or 
     having reason to know such activity would likely derail, 
     disable, or wreck a mass transportation vehicle used, 
     operated, or employed by a mass transportation provider;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of a mass transportation signal system, 
     including a train control system, centralized dispatching 
     system, or rail grade crossing warning signal;
       ``(5) interferes with, disables or incapacitates any driver 
     or person while they are employed in operating or maintaining 
     a mass transportation vehicle or vessel, with intent to 
     endanger the safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodily injury to an employee or passenger of a mass 
     transportation provider on the property of a mass 
     transportation provider;
       ``(7) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(8) attempts, threatens, or conspires to do any of the 
     aforesaid acts--shall be fined under this title or imprisoned 
     not more than twenty years, or both, if such act is 
     committed, or in the case of a threat or conspiracy such act 
     would be committed, within the United States on, against, or 
     affecting a mass transportation provider engaged in or 
     affecting interstate or foreign commerce, or if in the course 
     of committing such act, that person travels or communicates 
     across a State line in order to commit such act, or 
     transports materials across a State line in aid of the 
     commission of such act. Whoever is convicted of a crime 
     prohibited by this section shall also be subject to 
     imprisonment for life if the mass transportation vehicle or 
     vessel was carrying a passenger at the time of the offense, 
     and imprisonment for life or sentenced to death if the 
     offense has resulted in the death of any person.
       ``(b) Prohibitions on the Use of Firearms and Dangerous 
     Weapons.--
       ``(1) Except as provided in paragraph (4), whoever 
     knowingly possesses or causes to be present any firearm or 
     other dangerous weapon on board a mass transportation vehicle 
     or vessel, or attempts to do so, shall be fined under this 
     title or imprisoned not more than one year, or both, if such 
     act is committed on a mass transportation provider engaged in 
     or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(2) Whoever, with intent that a firearm or other 
     dangerous weapon be used in the commission of a crime, 
     knowingly possesses or causes to be present such firearm or 
     dangerous weapon on board a mass transportation vehicle or 
     vessel, or in a mass transportation passenger terminal 
     facility, or attempts to do so, shall be fined under this 
     title, or imprisoned not more than 5 years, or both, if such 
     act is committed on a mass transportation provider engaged in 
     or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(3) A person who kills or attempts to kill a person in 
     the course of a violation of paragraphs (1) or (2), or in the 
     course of an attack on a mass transportation vehicle or 
     vessel, or a mass transportation passenger terminal facility 
     involving the use of a firearm or other dangerous weapon, 
     shall be punished as provided in sections 1111, 1112, and 
     1113 of this title.
       ``(4) Paragraph (1) shall not apply to:
       ``(A) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while engaged in 
     the lawful performance of official duties, who is authorized 
     by law to engage in the transportation of people accused or 
     convicted of crimes, or supervise the prevention, detection, 
     investigation, or prosecution of any violation of law;
       ``(B) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while off duty, if 
     such possession is authorized by law;
       ``(C) the possession of a firearm or other dangerous weapon 
     by a Federal official or a member of the Armed Forces if such 
     possession is authorized by law; or
       ``(D) an individual transporting a firearm on board a mass 
     transportation vehicle or vessel (except a loaded firearm) in 
     baggage not accessible to any passenger on board the vehicle 
     or vessel, if the mass transportation provider was informed 
     of the presence of the weapon prior to the firearm being 
     placed on board the vehicle or vessel.
       ``(c) Prohibition Against Propelling Objects.--Whoever 
     willfully or recklessly throws, shoots, or propels a rock, 
     stone, brick, or piece of iron, steel, or other metal or any 
     deadly or dangerous object or destructive substance at any 
     mass transportation vehicle or vessel, knowing or having 
     reason to know such activity would likely cause personal 
     injury, shall be fined under this title or imprisoned for not 
     more than 5 years, or both, if such act is committed on or 
     against a mass transportation provider engaged in or 
     substantially affecting interstate or foreign commerce, or if 
     in the course of committing such acts, that person travels or 
     communicates across a State line in order to commit such 
     acts, or transports materials across a State line in aid of 
     the commission of such acts. Whoever is convicted of any 
     crime prohibited by this subsection shall also be subject to 
     imprisonment for not more than twenty years if the offense 
     has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon' has the meaning given to that term 
     in section 930 of this title;
       ``(3) `destructive substance' has the meaning given to that 
     term in section 31 of this title, except that (A) the term 
     `radioactive device' does not include any radioactive device 
     or material used solely for medical, industrial, research, or 
     other peaceful purposes, and (B) `destructive substance' 
     includes any radioactive device or material that can be used 
     to cause a harm listed in subsection (a) and that is not in 
     use solely for medical, industrial, research, or other 
     peaceful purposes;
       ``(4) `firearm' has the meaning given to that term in 
     section 921 of this title;

[[Page S10648]]

       ``(5) `mass transportation' has the meaning given to that 
     term in section 5302(a)(7) of title 49, United States Code, 
     except that the term shall include schoolbus, charter, and 
     sightseeing transportation;
       ``(6) `serious bodily injury' has the meaning given to that 
     term in section 1365 of this title; and
       ``(7) `State' has the meaning given to that term in section 
     2266 of this title.''.
       (b) The analysis of chapter 97 of title 18, United States 
     Code, is amended by adding at the end thereof:

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

     SEC. 604. INVESTIGATIVE JURISDICTION.

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

     SEC. 605. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO 
                   COMMUTER RAILROADS.

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

     SEC. 606. RAILROAD ACCIDENT AND INCIDENT REPORTING.

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

     SEC. 607. VEHICLE WEIGHT LIMITATIONS--MASS TRANSPORTATION 
                   BUSES.

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