[Congressional Record Volume 144, Number 19 (Tuesday, March 3, 1998)]
[Senate]
[Pages S1264-S1283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

      THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1998

                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 1679

  Mr. WELLSTONE proposed an amendment to amendment No. 1676 proposed by 
Mr. Chafee to the bill (S. 1173) to authorize funds for construction of 
highways, for highway safety programs, and for mass transit programs, 
and for other purposes; as follows:

       On page 309, between lines 3 and 4, insert the following:

     SEC. 18__. REPORT ON THE STATUS OF FORMER TANF RECIPIENTS.

       Section 413 of the Social Security Act (42 U.S.C. 613) is 
     amended by adding at the end the following:
       ``(k) Report on the Status of Former TANF Recipients.--
       ``(1) Development of plan.--The Secretary shall develop a 
     plan to assess, to the extent possible based on all available 
     information, the number and percentage of former recipients 
     of assistance under the State programs funded under this part 
     that are, as of the date that the assessment is performed, 
     economically self-sufficient. In determining economic self-
     sufficiency, the Secretary shall consider--
       ``(A) the number and percentage of such recipients that 
     are, as of the date of the assessment, employed;
       ``(B) the number and percentage of such recipients earning 
     incomes at or above 150 percent of the poverty line (as 
     defined in section 673(2) of the Community Services Block 
     Grant Act (42 U.S.C. 9902(2)), including any revision 
     required by such section for a family of the size involved); 
     and
       ``(C) the number and percentage of such recipients that 
     have access to housing, transportation, and child care.
       ``(2) Reports to congress.--Beginning 4 months after the 
     date of enactment of this subsection, the Secretary shall 
     submit biannual reports to the appropriate committees of 
     Congress on the assessment conducted under this subsection. 
     The reports shall analyze the ability of former recipients of 
     assistance under the State programs funded under this part to 
     achieve economic self-sufficiency. The Secretary shall 
     include in the reports all available information about the 
     economic self-sufficiency of such recipients, including data 
     from quarterly State reports submitted to the Department of 
     Health and Human Services (in this paragraph referred to as 
     the `Department'), data from State applications submitted to 
     the Department for bonuses, and to the extent the Secretary 
     determines they are relevant to the assessment--
       ``(A) reports prepared by the Comptroller General of the 
     United States;
       ``(B) samples prepared by the Bureau of the Census;
       ``(C) surveys funded by the Department;
       ``(D) studies conducted by the Department;
       ``(E) studies conducted by States;
       ``(F) surveys conducted by non-governmental entities;
       ``(G) administrative data from other Federal agencies; and
       ``(H) information and materials available from any other 
     appropriate source.''.
                                 ______
                                 

                McCAIN (AND HOLLINGS) AMENDMENT NO. 1680

  Mr. McCAIN (for himself and Mr. Hollings) proposed an amendment to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page 4, before line 1, insert the following:

    TITLE III--INTERMODAL TRANSPORTATION SAFETY AND RELATED MATTERS

Sec. 3001. Short title.
Sec. 3002. Amendment of title 49, United States Code.

                       Subtitle A--Highway Safety

Sec. 3101. Highway safety programs.
Sec. 3102. National driver register.
Sec. 3103. Authorizations of appropriations.
Sec. 3104. Motor vehicle pursuit program.
Sec. 3105. Enforcement of window glazing standards for light 
              transmission.

     Subtitle B--Hazardous Materials Transportation Reauthorization

Sec. 3201. Findings and purposes; definitions.
Sec. 3202. Handling criteria repeal.
Sec. 3203. Hazmat employee training requirements.
Sec. 3204. Registration.
Sec. 3205. Shipping paper retention.
Sec. 3206. Public sector training curriculum.
Sec. 3207. Planning and training grants.
Sec. 3208. Special permits and exclusions.
Sec. 3209. Administration.
Sec. 3210. Cooperative agreements.
Sec. 3211. Enforcement.
Sec. 3212. Penalties.
Sec. 3213. Preemption.
Sec. 3214. Judicial review.
Sec. 3215. Hazardous material transportation reauthorization.
Sec. 3216. Authorization of appropriations.

            Subtitle C--Comprehensive One-Call Notification

Sec. 3301. Findings.
Sec. 3302. Establishment of one-call notification programs.

                    Subtitle D--Motor Carrier Safety

Sec. 3401. Statement of purposes.
Sec. 3402. Grants to States.
Sec. 3403. Federal share.
Sec. 3404. Authorization of appropriations.
Sec. 3405. Information systems and strategic safety initiatives.
Sec. 3406. Improved flow of driver history pilot program.
Sec. 3407. Motor carrier and driver safety research.
Sec. 3408. Authorization of appropriations.
Sec. 3409. Conforming amendments.
Sec. 3410. Automobile transporter defined.
Sec. 3411. Repeal of review panel; review procedure.
Sec. 3412. Commercial motor vehicle operators.
Sec. 3413. Penalties.
Sec. 3414. International registration plan and international fuel tax 
              agreement.
Sec. 3415. Study of adequacy of parking facilities.
Sec. 3416. Application of regulations.
Sec. 3417. Authority over charter bus transportation.
Sec. 3418. Federal motor carrier safety investigations.
Sec. 3419. Foreign motor carrier safety fitness.
Sec. 3420. Commercial motor vehicle safety advisory committee.
Sec. 3421. Waivers; exemptions; pilot programs.
Sec. 3422. Commercial motor vehicle safety studies.
Sec. 3423. Increased MCSAP participation impact study.
Sec. 3424. Exemption from certain regulations for utility service 
              commercial motor vehicle drivers.
Sec. 3425. Waivers for certain farm vehicles.
Sec. 3426. Farm service vehicles.

    Subtitle E--Rail and Mass Transportation Anti-Terrorism; Safety

Sec. 3501. Purpose.
Sec. 3502. Amendments to the ``wrecking trains'' statute.
Sec. 3503. Terrorist attacks against mass transportation.
Sec. 3504. Investigative jurisdiction.
Sec. 3505. Safety considerations in grants or loans to commuter 
              railroads.
Sec. 3506. Railroad accident and incident reporting.
Sec. 3507. Mass transportation buses.

              Subtitle F--Sportfishing and Boating Safety

Sec. 3601. Amendment of 1950 Act.
Sec. 3602. Outreach and communications programs.
Sec. 3603. Clean Vessel Act funding.
Sec. 3604. Boating infrastructure.
Sec. 3605. Boat safety funds.

                       Subtitle G--Miscellaneous

Sec. 3701. Light density rail line pilot projects.

       At the end of the bill, add the following:

    TITLE III--INTERMODAL TRANSPORTATION SAFETY AND RELATED MATTERS

     SEC. 3001. SHORT TITLE.

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

[[Page S1265]]

     SEC. 3002. AMENDMENT OF TITLE 49, UNITED STATES CODE.

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

                       Subtitle A--Highway Safety

     SEC. 3101. HIGHWAY SAFETY PROGRAMS.

       (a) Uniform Guidelines.--Section 402(a) of title 23, United 
     States Code, is amended by striking ``section 4007'' and 
     inserting ``section 4004''.
       (b) Administrative Requirements.--Section 402(b) of such 
     title is amended--
       (1) by striking the period at the end of subparagraph (A) 
     and subparagraph (B) of paragraph (1) and inserting a 
     semicolon;
       (2) 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 a semicolon and ``and''; and
       (4) 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) by inserting ``the apportionment to the Secretary of 
     the Interior shall not be less than \3/4\ of 1 percent of the 
     total apportionment and'' after ``except that'' in the sixth 
     sentence; and
       (2) by striking the seventh sentence.
       (d) Application in Indian Country.--Section 402(i) of title 
     23, United States Code, is amended to read as follows:
       ``(i) Applicaton 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 subsection (b)(1)(C), 95 
     percent of the funds apportioned to the Secretary of the 
     Interior under this section shall be expended by Indian 
     tribes to carry out highway safety programs within their 
     jurisdictions. The provisions of subparagraph (b)(1)(D) 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 title 23, United 
     States Code, is amended to read as follows:
       ``(j) Rulemaking Process.--The Secretary may from time to 
     time conduct a rulemaking process to identify highway safety 
     programs that are highly effective in reducing motor vehicle 
     crashes, injuries, and deaths. Any such rulemaking shall take 
     into account the major role of the States in implementing 
     such programs. When a rule promulgated in accordance with 
     this section takes effect, States shall consider these highly 
     effective programs when developing their highway safety 
     programs.''.
       (f) Safety Incentive Grants.--Section 402 of title 23, 
     United States Code, is amended by striking subsection (k) and 
     inserting the following:
       ``(k) Safety Incentive Grants.--
       ``(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) or (m) 
     or section 410. A State may qualify for more than 1 grant and 
     shall receive a separate grant for each subsection for which 
     it qualifies. Such grants may only be used by recipient 
     States to implement and enforce, as appropriate, the programs 
     for which the grants are awarded.
       ``(2) Maintenance of effort. No grant may be made to a 
     State under subsection (l) or (m) 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) or (m) shall be 
     available for not more than 6 fiscal years beginning in the 
     fiscal year after September 30, 1997, in which the State 
     becomes eligible for the grant. The Federal share payable for 
     any grant under subsection (l) or (m) shall not exceed--
       ``(A) in the first and second fiscal years in which the 
     State receives the grant, 75 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year a program adopted by the State;
       ``(B) in the third and fourth fiscal years in which the 
     State receives the grant, 50 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program; and
       ``(C) in the fifth and sixth fiscal years in which the 
     State receives the grant, 25 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program.
       ``(l) Alcohol-Impaired Driving 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 1 or 
     more of 3 basic grants under this subsection by adopting or 
     demonstrating the following to the satisfaction of the 
     Secretary:
       ``(1) Basic grant a.--At least 7 of the following:
       ``(A) .08 bac per se law.--A law that provides that any 
     individual with a blood alcohol concentration of 0.08 percent 
     or greater while operating a motor vehicle shall be deemed to 
     be driving while intoxicated.
       ``(B) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol that 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 
     subparagraph (A)(i) shall take effect not later than 30 days 
     after the date 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.
       ``(C) Underage drinking program.--An effective system, as 
     determined by the Secretary, for preventing operators of 
     motor vehicles under age 21 from obtaining alcoholic 
     beverages. Such system shall include the issuance of drivers' 
     licenses to individuals under age 21 that are easily 
     distinguishable in appearance from drivers' licenses issued 
     to individuals age 21 years of age or older.
       ``(D) 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.
       ``(E) 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.
       ``(F) Graduated licensing system.--A 3-stage graduated 
     licensing system for young drivers that includes nighttime 
     driving restrictions during the first 2 stages, requires all 
     vehicle occupants to be properly restrained, and makes it 
     unlawful for a person under age 21 to operate a motor 
     vehicle with a blood alcohol concentration of .02 percent 
     or greater.
       ``(G) Drivers with high bac's.--Programs to target 
     individuals with high blood alcohol concentrations who 
     operate a motor vehicle. Such programs may include 
     implementation of a system of graduated penalties and 
     assessment of individuals convicted of driving under the 
     influence of alcohol.
       ``(H) Young adult drinking programs.--Programs to reduce 
     driving while under the influence of alcohol by individuals 
     age 21 through 34. Such programs may include awareness 
     campaigns; traffic safety partnerships with employers, 
     colleges, and the hospitality industry; assessment of first 
     time offenders; and incorporation of treatment into judicial 
     sentencing.
       ``(I) Testing for bac.--An effective system for increasing 
     the rate of testing for blood alcohol concentration of motor 
     vehicle drivers at fault in fatal accidents.
       ``(2) Basic grant b.--Either 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

[[Page S1266]]

     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 
     subparagraph (A)(i) 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; or
       ``(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 appropriated to the State for fiscal 
     year 1997 under section 402 of this title.
       ``(5) Alcohol-impaired driving countermeasures: 
     supplemental grants.--During the period in which a State is 
     eligible for a basic grant under this subsection, the State 
     shall be eligible to receive a supplemental grant in no more 
     than 2 fiscal years of up to 5 percent of the amount 
     apportioned to the State in fiscal year 1997 under section 
     402. The State may receive a separate supplemental grant for 
     meeting each of the following criteria:
       ``(A) Open container laws.--The State makes unlawful the 
     possession of any open alcoholic beverage container, or the 
     consumption of any alcoholic beverage, in the passenger area 
     of any motor vehicle located on a public highway or the 
     right-of-way of a public highway, except--
       ``(i) as allowed in the passenger area, by a person (other 
     than the driver), of any motor vehicle designed to transport 
     more than 10 passengers (including the driver) while being 
     used to provide charter transportation of passengers; or
       ``(ii) as otherwise specifically allowed by such State, 
     with the approval of the Secretary, but in no event may the 
     driver of such motor vehicle be allowed to possess or consume 
     an alcoholic beverage in the passenger area.
       ``(B) Mandatory blood alcohol concentration testing 
     programs.--The State provides for mandatory blood alcohol 
     concentration testing whenever a law enforcement officer has 
     probable cause under State law to believe that a driver of a 
     motor vehicle involved in a crash resulting in the loss of 
     human life or, as determined by the Secretary, serious bodily 
     injury, has committed an alcohol-related traffic offense.
       ``(C) Video equipment for detection of drunk drivers.--The 
     State provides for a program to acquire video equipment to be 
     used in detecting persons who operate motor vehicles while 
     under the influence of alcohol and in prosecuting those 
     persons, and to train personnel in the use of that equipment.
       ``(D) Blood alcohol concentration for persons under age 
     21.--The State enacts and enforces a law providing that any 
     person under age 21 with a blood alcohol concentration of 
     0.02 percent or greater when driving a motor vehicle shall be 
     deemed to be driving while intoxicated, 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 year of age. The Secretary shall 
     determine what penalties are effective.
       ``(6) Definitions.--For the purposes of this subsection, 
     the following definitions apply:
       ``(A) `Alcoholic beverage' has the meaning such term has 
     under section 158(c).
       ``(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) that contains any amount of an alcoholic beverage; 
     and
       ``(ii)(I) that is open or has a broken seal, or
       ``(II) the contents of which are partially removed.
       ``(m) State Highway Safety Data Improvements.--The 
     Secretary shall make a grant to a State that takes effective 
     actions to improve the timeliness, accuracy, completeness, 
     uniformity, and accessibility of the State's data needed to 
     identify priorities within State and local highway and 
     traffic safety programs, to evaluate the effectiveness of 
     such efforts, and to link these State data systems, including 
     traffic records, together and with other data systems within 
     the State, such as systems that contain medical and economic 
     data:
       ``(1) First-year grant eligibility.--A State is eligible 
     for a first-year grant under this subsection in a fiscal year 
     if such State either:
       ``(A) Demonstrates, to the satisfaction of the Secretary, 
     that it has--
       ``(i) established a Highway Safety Data and Traffic Records 
     Coordinating Committee with a multidisciplinary 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 multiyear highway 
     safety data and traffic records strategic plan to be approved 
     by the Highway Safety Data and Traffic Records Coordinating 
     Committee that identifies and prioritizes its highway safety 
     data and traffic records needs and goals, and that identifies 
     performance-based measures by which progress toward those 
     goals will be determined; or
       ``(B) provides, to the satisfaction of the Secretary--
       ``(i) certification that it has met the provisions outlined 
     in clauses (i) and (ii) of subparagraph (A);
       ``(ii) a multiyear 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 multiyear plan described in clause (ii).
       ``(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 paragraph (1)(A) shall equal $1,000,000, 
     subject to the availability of appropriations, and for any 
     State eligible for such a grant under paragraph (1)(B) of 
     this subsection shall equal a proportional amount of the 
     amount apportioned to the State for fiscal year 1997 under 
     section 402, except that no State shall receive less than 
     $250,000, subject to the availability of appropriations. The 
     Secretary may award a grant of up to $25,000 for 1 year to 
     any State that does not meet the criteria established in 
     paragraph (1). The grant may only be used to conduct 
     activities needed to enable that State to qualify for first-
     year funding to begin in the next fiscal year.
       ``(3) State highway safety data and traffic records 
     improvements; succeeding-year grants.--A State shall be 
     eligible for a grant in any fiscal year succeeding the first 
     fiscal year in which the State receives a State highway 
     safety data and traffic records grant if the State, to the 
     satisfaction of the Secretary:
       ``(A) Submits or updates a multiyear 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 
     multiyear plan.

[[Page S1267]]

       ``(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, except that no State shall receive 
     less than $225,000, subject to the availability of 
     appropriations.''.
       (g) Occupant Protection Program.--
       (1) In general.--Section 410 of title 23, United States 
     Code, is amended to read as follows:

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

       ``The Secretary shall make basic grants to those States 
     that adopt and implement effective programs to reduce highway 
     deaths and injuries resulting from persons riding 
     unrestrained or improperly restrained in motor vehicles. A 
     State may establish its eligibility for 1 or both of the 
     grants by adopting or demonstrating the following to the 
     satisfaction of the Secretary:
       ``(1) Basic grant a.--At least 4 of the following:
       ``(A) Safety belt use law for all front seat occupants.--
     The State has in effect a safety belt use law that makes 
     unlawful throughout the State the operation of a passenger 
     motor vehicle whenever a person in the front seat of the 
     vehicle (other than a child who is secured in a child 
     restraint system) does not have a safety belt properly 
     secured about the person's body.
       ``(B) Primary safety belt use law.--The State provides for 
     primary enforcement of its safety belt use law.
       ``(C) Child passenger protection law; public awareness 
     program.--The State has in effect--
       ``(i) a law that requires minors who are riding in a 
     passenger motor vehicle to be properly secured in a child 
     safety seat or other appropriate restraint system; and
       ``(ii) an effective public awareness program that advocates 
     placing passengers under the age of 13 in the back seat of a 
     motor vehicle equipped with a passenger-side air bag whenever 
     possible.
       ``(D) Child occupant protection education program.--The 
     State demonstrates implementation of a statewide 
     comprehensive child occupant protection education program 
     that includes education about proper seating positions for 
     children in air bag equipped motor vehicles and instruction 
     on how to reduce the improper use of child restraints 
     systems. The States are to submit to the Secretary an 
     evaluation or report on the effectiveness of the programs at 
     least 3 years after receipt of the grant.
       ``(E) Minimum fines.--The State requires a minimum fine of 
     at least $25 for violations of its safety belt use law and a 
     minimum fine of at least $25 for violations of its child 
     passenger protection law.
       ``(F) Special traffic enforcement program.--The State 
     demonstrates implementation of a statewide Special Traffic 
     Enforcement Program for occupant protection that emphasizes 
     publicity for the program.
       ``(2) Basic grant b.--Both of the following:
       ``(A) State safety belt use rate.--The State demonstrates a 
     statewide safety belt use rate in both front outboard seating 
     positions in all passenger motor vehicles of 80 percent or 
     higher in each of the first 3 years a grant under this 
     paragraph is received, and of 85 percent or higher in each of 
     the fourth, fifth, and sixth years a grant under this 
     paragraph is received.
       ``(B) Survey method.--The State follows safety belt use 
     survey methods which conform to guidelines issued by the 
     Secretary ensuring that such measurements are accurate and 
     representative.
       ``(3) Basic grant amount.--The amount of each basic grant 
     for which a State qualifies under this subsection for any 
     fiscal year shall equal up to 20 percent of the amount 
     apportioned to the State for fiscal year 1997 under section 
     402.
       ``(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 supplement grant in a fiscal year of up to 5 
     percent of the amount apportioned to the State in fiscal year 
     1997 under section 402. 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 nonmedical 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) Safet 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, the term--
       ``(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) `safety belt' means--
       ``(i) with respect to open-body passenger vehicles, 
     including convertibles, an occupant restraint system 
     consisting of a lap belt or a lap belt and a detachable 
     shoulder belt; and
       ``(ii) with respect to other passenger vehicles, an 
     occupant restraint system consisting of integrated lap and 
     shoulder belts.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     4 of that title is amended by striking the item relating to 
     section 410 and inserting the following:

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

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

     SEC. 3102. NATIONAL DRIVER REGISTER.

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

[[Page S1268]]

     SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.

       The following sums are authorized to be appropriated out of 
     the Highway Trust Fund (other than the Mass Transit Account):
       (1) Consolidated state highway safety programs.--
       (A) For carrying out the State and Community Highway Safety 
     Program under section 402 of title 23, United States Code, by 
     the National Highway Traffic Safety Administration, except 
     for the incentive programs under subsections (l) and (m) of 
     that section--
       (i) $117,858,000 for fiscal year 1998;
       (ii) $123,492,000 for fiscal year 1999;
       (iii) $126,877,000 for fiscal year 2000;
       (iv) $130,355,000 for fiscal year 2001;
       (v) $133,759,000 for fiscal year 2002; and
       (vi) $141,803,000 for fiscal year 2003.
       (B) To carry out the alcohol-impaired driving 
     countermeasures incentive grant provisions of section 403(l) 
     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 section 402(l) of title 
     23, United States Code, are authorized to remain available 
     until expended, provided that, in each fiscal year the 
     Secretary may reallocate any amounts remaining available 
     under section 402(l) of section 402 of title 23, United 
     States Code, as necessary to ensure, to the maximum extent 
     possible, that States may receive the maximum incentive 
     funding for which they are eligible under these programs.
       (C) To carry out the occupant protection program incentive 
     grant provisions of section 410 of title 23, United States 
     Code, by the National Highway Traffic Safety Administration--
       (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 section 410 of title 23, 
     United States Code, are authorized to remain available until 
     expended, provided that, in each fiscal year the Secretary 
     may reallocate any amounts remaining available under section 
     410 of title 23, United States Code, to subsections (l) and 
     (m) of section 402 of title 23, United States Code, as 
     necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (D) To carry out the State highway safety data improvements 
     incentive grant provisions of section 402(m) 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 section 402(m) of title 
     23, United States Code, are authorized to remain available 
     until expended.
       (E) To carry out the drugged driving research and 
     demonstration programs of section 403(b)(1) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration, $2,000,000 for each of fiscal years 1999, 
     2000, 2001, 2002, and 2003.
       (2) Section 403 highway safety and research.--For carrying 
     out the functions of the Secretary, by the National Highway 
     Traffic Safety Administration, for highway safety under 
     section 403 of title 23, United States Code, there are 
     authorized to be appropriated $60,100,000 for each of fiscal 
     years 1998, 1999, 2000, 2001, and 2002, and $61,700,000 for 
     fiscal year 2003.
       (3) Public education effort.--Out of funds made available 
     for carrying out programs under section 403 of title 23, 
     United States Code, for each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003, the Secretary of Transportation 
     shall obligate at least $500,000 to educate the motoring 
     public on how to share the road safely with commercial motor 
     vehicles.
       (4) National driver register.--For carrying out chapter 303 
     (National Driver Register) of title 49, United States Code, 
     by the National Highway Traffic Safety Administration--
       (A) $1,605,000 for fiscal year 1998;
       (B) $1,680,000 for fiscal year 1999;
       (C) $1,726,000 for fiscal year 2000;
       (D) $1,772,000 for fiscal year 2001;
       (E) $1,817,000 for fiscal year 2002; and
       (F) $1,872,000 for fiscal year 2003.

     SEC. 3104. MOTOR VEHICLE PURSUIT PROGRAM.

       (a) Motor Vehicle Pursuit Program.--
       (1) Training.--Section 403(b)(1) of title 23, United States 
     Code, as amended by section 3101(h), is amended by adding at 
     the end thereof the following:
       ``(D) Programs to train law enforcement officers on motor 
     vehicle pursuits conducted by law enforcement officers.''.
       (2) Funding.--Out of amounts appropriated to carry out 
     section 403 of title 23, United States Code, the Secretary of 
     Transportation may use such amounts as may be necessary to 
     carry out the motor vehicle pursuit training program of 
     section 403(b)(1)(D) of title 23, United States Code, but not 
     in excess of $1,000,000 for each of fiscal years 1999, 2000, 
     2001, 2002, and 2003.
       (b) Report of Federal Policies and Procedures.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Attorney General of the United States, the Secretary of 
     Agriculture, the Secretary of the Interior, the Secretary of 
     the Treasury, the Chief of Capitol Police, and the 
     Administrator of General Services shall each transmit to 
     Congress a report containing--
       (1) the policy of the department or agency headed by that 
     individual concerning motor vehicle pursuits by law 
     enforcement officers of that department or agency; and
       (2) a description of the procedures that the department or 
     agency uses to train law enforcement officers in the 
     implementation of the policy referred to in paragraph (1).

     SEC. 3105. ENFORCEMENT OF WINDOW GLAZING STANDARDS FOR LIGHT 
                   TRANSMISSION.

       Section 402(a) of title 23, United States Code, is amended 
     by striking ``post-accident procedures.'' and inserting 
     ``post-accident procedures, including the enforcement of 
     light transmission standards of glazing for passenger motor 
     vehicles and light trucks as necessary to improve highway 
     safety.''.
     Subtitle B--Hazardous Materials Transportation Reauthorization

     SEC. 3201. FINDINGS AND PURPOSES; DEFINITIONS.

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

     ``Sec. 5101. Findings and purposes

       ``(a) Findings.--Congress finds with respect to hazardous 
     materials transportation that--
       ``(1) approximately 4,000,000,000 tons of regulated 
     hazardous materials are transported each year and that 
     approximately 1,000,000 movements of hazardous materials 
     occur each day, according to 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;
       ``(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; and
       ``(9) emergency response personnel have a continuing need 
     for training on responses to releases of hazardous materials 
     in transportation and small businesses have a continuing need 
     for training on compliance with hazardous materials 
     regulations.
       ``(b) Purposes.--The purposes of this chapter are--
       ``(1) to ensure the safe and efficient transportation of 
     hazardous materials in intrastate, interstate, and foreign 
     commerce, including the loading, unloading, and incidental 
     storage of hazardous material;
       ``(2) to provide the Secretary with preemption authority to 
     achieve uniform regulation of hazardous material 
     transportation, to eliminate inconsistent rules that apply 
     differently from Federal rules, to ensure efficient movement 
     of hazardous materials in commerce, and to promote the 
     national health, welfare, and safety; and
       ``(3) to 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,

[[Page S1269]]

       ``(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 1 employee; and
       ``(B) performs a function, or uses at least 1 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), respectively;
       (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 ``, 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. 3202. 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. 3203. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

       Section 5107(f)(2) is amended by striking ``and section 
     5106, and subsections (a) through (g)(1) and (h) of section 
     5108(a), and 5109 of this title''.

     SEC. 3204. 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. 3205. SHIPPING PAPER RETENTION.

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

     SEC. 3206. PUBLIC SECTOR TRAINING CURRICULUM.

       Section 5115 is amended--
       (1) in subsection (a), by striking ``Development and 
     Updating.--Not later than November 16, 1992, in'' and 
     inserting ``Updating.--In'';
       (2) in the first sentence of subsection (a), by striking 
     ``develop and'';
       (3) in subsection (a), by striking the second sentence;
       (4) in the first sentence of subsection (b), by striking 
     ``developed'';
       (5) in subparagraphs (A) and (B) of subsection (b)(1), by 
     inserting ``or involving an alternative fuel vehicle'' after 
     ``material''; 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. 3207. 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. 3208. SPECIAL PERMITS AND EXCLUSIONS.

       (a) Section 5117 is amended--
       (1) by striking the section heading 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) in subsection (a)(2), by striking ``2'' and inserting 
     ``4''.
       (b) Section 5119(c) is amended by adding at the end the 
     following:
       ``(4) Pending promulgation of regulations under this 
     subsection, States may participate in a program of uniform 
     forms and procedures recommended by the working group under 
     subsection (b).''.
       (c) 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. 3209. ADMINISTRATION.

       (a) Section 5121 is amended by striking subsections (a), 
     (b), and (c) and redesignating subsections (d) and (e) as 
     subsections (a) and (b), respectively.
       (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 subpoenas, 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. 3210. COOPERATIVE AGREEMENTS.

       Section 5121, as amended by section 3209(a), is further 
     amended by adding at the end thereof the following:
       ``(f) 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. 3211. ENFORCEMENT.

       Section 5122, as amended by section 3209(b), is further 
     amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``inspect,'' after ``may'';

[[Page S1270]]

       (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.''; and
       (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. 3212. PENALTIES.

       (a) In General.--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) Degree of Culpability.--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) Criminal Penalty.--Section 5124 is amended to read as 
     follows:

     ``Sec. 5124. Criminal penalty

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

     SEC. 3213. PREEMPTION.

       (a) Requirements Contrary to Purposes of Chapter.--Section 
     5125(a)(2) is amended by inserting ``, the purposes of this 
     chapter,'' after ``this chapter'' the first place it appears.
       (b) Deadwood.--Section 5125(b)(2) is amended by striking 
     ``prescribes after November 16, 1990.'' and inserting 
     ``prescribes.''.
       (c) Independent Application of Preemption Standards.--
     Section 5125 is amended by adding at the end thereof the 
     following:
       ``(h) Independent Application of Each Standard.--Each 
     preemption standard in subsections (a), (b)(1), (c), and (g) 
     of this section and section 5119(c)(2) is independent in its 
     application to a requirement of any State, political 
     subdivision of a State, or Indian tribe.''.

     SEC. 3214. JUDICIAL REVIEW.

       (a) In General.--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), a person disclosing a substantial interest in a 
     final order issued, under the authority of section 5122 or 
     5123, 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) Clerical Amendment.--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. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 3214 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 after the date of enactment 
     of that Act.
       ``(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:


[[Page S1271]]


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

     SEC. 3216. 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) for each of the fiscal 
     years ending September 30, 1999-2003, to carry out section 
     5115.
       ``(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) 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).
       ``(2) Not more than $3,666,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) 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).
       ``(3) Not more than $600,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) 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).''.
            Subtitle C--Comprehensive One-Call Notification

     SEC. 3301. FINDINGS.

       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. 3302. 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 1 of its purposes to receive 
     notification from excavators of intended excavation in a 
     specified area in order to disseminate such notification to 
     underground facility operators that are members of the system 
     so that such operators can locate and mark their facilities 
     in order to prevent damage to underground facilities in the 
     course of such excavation.
       ``(2) State one-call notification program.--The term 
     ``State one-call notification program'' means the State 
     statutes, regulations, orders, judicial decisions, and other 
     elements of law and policy in effect in a State that 
     establish the requirements for the operation of one-call 
     notification systems in such State.
       ``(3) State.--The term `State' means a State, the District 
     of Columbia, and Puerto Rico.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.

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

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

     ``Sec. 6104. Compliance with minimum standards

       ``(a) Requirement.--In order to qualify for a grant under 
     section 6106, each State shall, within 2 years after the date 
     of the enactment of the Intermodal Transportation Safety Act 
     of 1997, submit to the Secretary a grant application under 
     subsection (b).
       ``(b) Application.--
       ``(1) Upon application by a State, the Secretary shall 
     review that State's one-call notification program, including 
     the provisions for the 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

[[Page S1272]]

       ``(4) areas where improvements are needed in one-call 
     notification systems in operation in the State.

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

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

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

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

     ``Sec. 6106. Grants to States

       ``(a) In General.--The Secretary may make a grant of 
     financial assistance to a State that qualifies under section 
     6104(b) to assist in improving--
       ``(1) the overall quality and effectiveness of one-call 
     notification systems in the State;
       ``(2) communications systems linking one-call notification 
     systems;
       ``(3) location capabilities, including training personnel 
     and developing and using location technology;
       ``(4) record retention and recording capabilities for one-
     call notification systems;
       ``(5) public information and education;
       ``(6) participation in one-call notification systems; or
       ``(7) compliance and enforcement under the State one-call 
     notification program.
       ``(b) State Action Taken Into Account.--In making grants 
     under this section the Secretary shall take into 
     consideration the commitment of each State to improving its 
     State one-call notification program, including legislative 
     and regulatory actions taken by the State after the date of 
     enactment of the Intermodal Transportation Safety Act of 
     1997.
       ``(c) Funding for One-Call Notification Systems.--A State 
     may provide funds received under this section directly to any 
     one-call notification system in such State that substantially 
     adopts the best practices identified under section 6105.

     ``Sec. 6107. Authorization of appropriations

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

``61. One-Call Notification Program.........................6101''.....

       (2) Chapter 601 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), respectively.
                    Subtitle D--Motor Carrier Safety

     SEC. 3401. STATEMENT OF PURPOSES.

       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 improve 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:

``31100. Purposes.''.

     SEC. 3402. GRANTS TO STATES.

       (a) Performance-Based Grants.--Section 31102 is amended--
       (1) in subsection (a), by inserting ``improving motor 
     carrier safety and'' after ``programs for''; and
       (2) in the first sentence of subsection (b)(1), by striking 
     ``adopt and assume responsibility for enforcing'' and 
     inserting ``assume responsibility for improving motor carrier 
     safety and to adopt and enforce''.
       (b) Hazardous Materials.--Section 31102 is amended--
       (1) in subsection (a), by inserting a comma and ``hazardous 
     materials transportation safety,'' after ``commercial motor 
     vehicle safety''; and
       (2) in the first sentence of subsection (b), by inserting 
     ``, hazardous materials transportation safety,'' 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)'';
       (4) by striking subparagraphs (L), (M), and (N) 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;
       ``(N) ensures participation in SAFETYNET by all 
     jurisdictions receiving funding;'';
       (5) in subparagraph (P), as redesignated, by striking 
     ``activities--'' and inserting ``activities in support of 
     national priorities and performance goals including--'';
       (6) in clause (i) of subparagraph (P), as redesignated, by 
     striking ``to remove'' and inserting ``activities aimed at 
     removing''; and
       (7) in clause (ii) of subparagraph (P), as redesignated, by 
     striking ``to provide'' and inserting ``activities aimed at 
     providing''.

     SEC. 3403. 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:

[[Page S1273]]

       ``(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. 3404. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 31104(a) is amended to read as 
     follows:
       ``(a) In General.--Subject to section 9503(c)(1) of the 
     Internal Revenue Code of 1986, 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) $100,000,000 for the fiscal year ending September 30, 
     1999;
       ``(3) $97,000,000 for the fiscal year ending September 30, 
     2000;
       ``(4) $94,000,000 for the fiscal year ending September 30, 
     2001;
       ``(5) $90,500,000 for the fiscal year ending September 30, 
     2002; and
       ``(6) $90,500,000 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).''.
       (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) not less than 5 percent of such amounts for 
     activities and projects of national priority for the 
     improvement of commercial motor vehicle safety; and
       ``(B) not less than 5 percent of such amounts to reimburse 
     States for border commercial motor vehicle safety programs 
     and enforcement activities and projects.

     The amounts referred to in subparagraph (B) 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. 3405. 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 accurate 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 Federal and State safety 
     compliance, enforcement programs, and other countermeasures; 
     to evaluate the safety fitness of motor carriers and drivers; 
     to identify and collect necessary data; and to adapt, 
     improve, and incorporate other information and information 
     systems as deemed appropriate by the Secretary.
       ``(2) Performance and registration information systems 
     management.--
       ``(A) The Secretary shall include, as part of the motor 
     carrier safety information network system of the Department 
     of Transportation, an information system, to be called the 
     Performance and Registration Information Systems Management, 
     to serve as a clearinghouse and repository of information 
     related to State registration and licensing of commercial 
     motor vehicles and the safety system of the commercial motor 
     vehicle registrants or the motor carriers operating the 
     vehicles. The Secretary may include in the system information 
     on the safety fitness of each of the motor carriers and 
     registrants and other information the Secretary considers 
     appropriate, including information on vehicle, driver, and 
     motor carrier safety performance.
       ``(B) The Secretary shall prescribe technical and 
     operational standards to ensure--
       ``(i) uniform, timely and accurate information collection 
     and reporting by the States necessary to carry out this 
     system;
       ``(ii) uniform Federal and State 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 
     this paragraph. The Secretary may authorize the operation of 
     the information system by contract, through an agreement with 
     1 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 this 
     paragraph, 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 employers, 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 that the Secretary deems appropriate.
       ``(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. 3406. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

       The Secretary of Transportation shall carry out a pilot 
     program in cooperation with 1 or more States to improve upon 
     the timely exchange of pertinent driver performance and 
     safety records data to motor carriers. 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, pricing 
     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. 3407. 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 
     $250,000 shall be awarded on a competitive basis. The 
     Secretary shall submit annually a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the research activities carried out 
     under this section, including the amount, purpose, recipient 
     and nature of each contract, cooperative agreement or award 
     and results of such research activities carried out under 
     this section, including benefits to motor carrier safety.''.

     SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.

       Section 31107 is amended to read as follows:

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

       ``(a) In General.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     the Secretary to incur obligations to carry out section 
     31106--
       ``(1) $10,000,000 for fiscal year 1998;
       ``(2) $12,000,000 for fiscal year 1999;
       ``(3) $12,000,000 for fiscal year 2000;
       ``(4) $12,000,000 for fiscal year 2001;

[[Page S1274]]

       ``(5) $10,000,000 for fiscal year 2002; and
       ``(6) $10,000,000 for fiscal year 2003.
       ``(b) Availability.--The amounts made available under this 
     subsection shall remain available until expended.''.

     SEC. 3409. 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. 3410. 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. 3411. 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 heading of section 31141 of such title is amended 
     to read as follows:

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

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

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

       (c) Inspection of Vehicles.--
       (1) Section 31142 is amended--
       (A) in subsection (a), by striking ``part 393 of title 49, 
     Code of Federal Regulations'' 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), as amended by section 3402(c)(1), 
     is amended--
       (A) by striking ``and'' at the end of subparagraph (Q);
       (B) by striking ``thereunder.'' in subparagraph (R) and 
     inserting ``thereunder; and''; and
       (C) by adding at the end thereof the following:
       ``(S) provides that the State will establish a program (i) 
     to ensure the proper and timely correction of commercial 
     motor vehicle safety violations noted during an inspection 
     carried out with funds authorized under section 31104 of this 
     title; and (ii) to ensure that information is exchanged among 
     the States in a timely manner.''.
       (d) Safety Fitness of Owners and Operators.--Section 31144 
     is amended to read as follows:

     ``Sec. 31144. 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); 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, a motor carrier that fails to 
     meet the safety fitness requirements established under 
     subsection (a) 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 final safety fitness determinations of 
     motor carriers made by the Secretary.
       ``(f) Penalties.--The Secretary shall prescribe regulations 
     setting penalties for violations of this section consistent 
     with section 521 of this title.''.
       (e) Safety Fitness of Passenger and Hazardous Material 
     Carriers.--
       (1) In general.--Section 5113 is amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Prohibited Transportation.--
       ``(1) A motor carrier that fails to meet the safety fitness 
     requirements established under subsection 31144(a) of this 
     title may not operate a commercial motor vehicle (as defined 
     in section 31132 of this title)--
       ``(A) to transport hazardous material for which placarding 
     of a motor vehicle is required under regulations prescribed 
     under this chapter; or
       ``(B) to transport more than 15 individuals.
       ``(2) The prohibition in paragraph (1) of this subsection 
     applies beginning on the 46th day after the date on which the 
     Secretary determines that a motor carrier fails to meet the 
     safety fitness requirements and applies until the motor 
     carrier meets the safety fitness requirements.'';
       (B) by striking ``Rating''  in the heading 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 heading 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 heading 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 chapter 51 is amended by 
     striking the item relating to section 5113 and inserting the 
     following:

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

       (f) Definitions.--
       (1) Section 31101(1) is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating''; and
       (ii) by striking ``10,000'' and inserting ``10,001'';

[[Page S1275]]

       (B) in subparagraph (B), by striking ``driver; or'' and 
     inserting ``driver, or a smaller number of passengers 
     including the driver as determined under regulations 
     implementing sections 31132(1)(B) or 31301(4)(B)'';
       (C) in subparagraph (C), by inserting ``and transported in 
     a quantity requiring placarding under regulations prescribed 
     by the Secretary under section 5103'' after ``title''.
       (2) Section 31132 is amended--
       (A) in paragraph (1)(A), by inserting ``or gross vehicle 
     weight, whichever is greater,'' after ``rating''; 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 predominantly 
     engaged in employing commercial motor vehicles in interstate 
     commerce and includes all operations of the business in 
     intrastate commerce which use vehicles otherwise defined as 
     commercial motor vehicles under paragraph (1) of this 
     section.''.
       (g) 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 Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives 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.
       (h) 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. 3412. 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) in subsection (a), by striking ``make an agreement 
     under subsection (b) of this section for the operation of, or 
     establish under subsection (c) of this section,'' 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) in subsection (c), as redesignated--
       (A) by inserting after the heading the following: 
     ``Information about a driver in the information system may be 
     made available under the following circumstances:''; and
       (B) 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) in subsection (a), by striking ``, (2), (5), and (6)'' 
     and inserting ``(3), and (5)'';
       (2) in subsections (a) and (b), by striking ``1992'' each 
     place it appears and inserting ``1995'';
       (3) in subsection (c), by striking paragraph (1);
       (4) in subsection (c)(2), by striking ``(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) in paragraph (4)(A), by inserting ``or gross vehicle 
     weight, whichever is greater,'' after ``rating'' each place 
     it appears; and
       (2) in paragraph (4)(C)(ii), by inserting ``is'' 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 
     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).
       ``(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 chapter 
     5 is amended by inserting after the item relating to section 
     507 the following:

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

     SEC. 3413. 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 that 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

[[Page S1276]]

     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. 3414. 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. 3415. 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. The studies shall be completed not later than 
     36 months after the date of enactment of this Act.

     SEC. 3416. APPLICATION OF REGULATIONS.

       (a) Application of Regulations to Certain Commercial Motor 
     Vehicles.--Section 31135 as redesignated, is amended by 
     adding at the end the following:
       ``(g) Application to Certain Vehicles.--Effective 12 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 12 months after such date of enactment, except to the 
     extent that the Secretary determines, through a rulemaking 
     proceeding, that it is appropriate to exempt such operations 
     of commercial motor vehicles from the application of those 
     regulations.''.
       (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 the 
     following:

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

       ``Effective 12 months 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, except to the extent that the Secretary 
     determines, after notice and opportunity for public comment, 
     that it is appropriate to exempt such operators of commercial 
     motor vehicles from the application of those regulations.''.
       (2) The analysis for chapter 313 is amended by adding at 
     the end the following:

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

       (d) Deadline for Certain Definitional Regulations.--The 
     Secretary shall issue regulations implementing the definition 
     of commercial motor vehicles under section 31132(1)(B) and 
     section 31301(4)(B) of title 49, United States Code, as 
     amended by this Act within 12 months after the date of 
     enactment of this Act.

     SEC. 3417. 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. 3418. FEDERAL MOTOR CARRIER SAFETY INVESTIGATIONS.

       The Department of Transportation shall maintain the level 
     of Federal motor carrier safety investigators for 
     international border commercial vehicle inspections 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. 3419. 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, the application for which has not been 
     processed due to the moratorium on the granting of authority 
     to foreign carriers to operate in the United States, to meet 
     the safety fitness and other regulatory requirements under 
     this title.
       (b) Report.--Not later than 120 days after the date of 
     enactment this Act, the Secretary of Transportation shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the application of section 13902(c)(9) of 
     title 49, United States Code. The report shall include--
       (1) any findings made by the Secretary under subsection 
     (a);
       (2) information on which carriers have applied to the 
     Department of Transportation under that section; and
       (3) a description of the process utilized to respond to 
     such applications and to certify the safety fitness of those 
     carriers.

     SEC. 3420. 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 safety review 
     procedures and findings, and may assist the Secretary in 
     timely completion of ongoing rulemakings by utilizing 
     negotiated rulemaking procedures.

     SEC. 3421. WAIVERS; EXEMPTIONS; PILOT PROGRAMS.

       (a) Waivers, Exemptions, and Pilot Programs for Chapters 
     311 and 315.--Section 31136(e) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (5) and (6), respectively; and
       (2) by striking the subsection heading and paragraph (1) 
     and inserting the following:
       ``(e) Waivers, Exemptions, and Pilot Programs.--
       ``(1) In general.--The Secretary shall, by regulation 
     promulgated after notice and an opportunity for public 
     comment and within 180 days after the date of enactment of 
     the Intermodal Transportation Safety Act of 1997, establish 
     procedures by which waivers, exemptions, and pilot programs 
     under this section may be initiated. The regulation shall 
     provide--
       ``(A) a process for the issuance of waivers or exemptions 
     from any part of a regulation prescribed under this 
     subchapter or chapter 315; and
       ``(B) procedures for the conduct of pilot projects or 
     demonstration programs to support the appropriateness of 
     regulations, enforcement policies, waivers, or exemptions 
     under this section.
       ``(2) Waivers.--The Secretary may grant a waiver that 
     relieves a person from compliance in whole or in part with a 
     regulation issued under this subchapter or chapter 315 if the 
     Secretary determines that it is in the public interest to 
     grant the waiver and that the waiver is likely to achieve a 
     level of safety that is equivalent to, or greater than, the 
     level of safety that would be obtained in the absence of the 
     waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for nonemergency and unique events; and
       ``(D) subject to such conditions as the Secretary may 
     impose.
       ``(3) Exemptions.--The Secretary may grant an exemption in 
     whole or in part from a regulation issued under this 
     subchapter or chapter 315 to a class of persons, vehicles, or 
     circumstances if the Secretary determines, after notice and 
     opportunity for public comment, that it is in the public 
     interest to grant the exemption and that the exemption is 
     likely to achieve a level of safety that is equivalent to, or 
     greater than, the level of safety that would be obtained in 
     the absence of the exemption. An exemption granted under this 
     paragraph shall be in effect for a period of not more than 2 
     years, but may be renewed by the Secretary after notice and 
     opportunity for public comment if the Secretary determines, 
     based on the safety impact and results of the first 2 years 
     of an exemption, that the extension is in the public interest 
     and that the extension of the exemption is likely to achieve 
     a level of safety that is equivalent to, or greater than, the 
     level of safety that would be obtained in the absence of the 
     extension.

[[Page S1277]]

       ``(4) Pilot programs.--
       ``(A) 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 chapter or chapter 315.
       ``(B) Requirement for approval.--In carrying out a pilot 
     project under this paragraph, 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 subchapter or 
     chapter 315.
       ``(C) Exemptions.--A pilot project under this paragraph--
       ``(i) may exempt a motor carrier under the project from any 
     requirement (or portion thereof) imposed under this 
     subchapter or chapter 315; and
       ``(ii) shall preempt any State or local regulation that 
     conflicts with the pilot project during the time the pilot 
     project is in effect.
       ``(D) Revocation of exemption.--The Secretary shall revoke 
     an exemption granted under subparagraph (C) if--
       ``(i) the motor carrier to which it applies fails to comply 
     with the terms and conditions of the exemption; or
       ``(ii) the Secretary determines that the exemption has 
     resulted in a lower level of safety than was maintained 
     before the exemption was granted.''.
       (b) Waivers, Exemptions, and Pilot Programs for Chapter 
     313.--Section 31315 is amended--
       (1) by inserting ``(a) In General.--'' before ``After 
     notice''; and
       (2) by adding at the end the following:
       ``(b) Waivers, Exemptions, and Pilot Programs.--
       ``(1) In general.--The Secretary shall, by regulation 
     promulgated after notice and an opportunity for public 
     comment and within 180 days after the date of enactment of 
     the Intermodal Transportation Safety Act of 1997, establish 
     procedures by which waivers, exemptions, and pilot programs 
     under this section may be initiated. The regulation shall 
     provide--
       ``(A) a process for the issuance of waivers or exemptions 
     from any part of a regulation prescribed under this chapter; 
     and
       ``(B) procedures for the conduct of pilot projects or 
     demonstration programs to support the appropriateness of 
     regulations, enforcement policies, or exemptions under this 
     section.
       ``(2) Waivers.--The Secretary may grant a waiver that 
     relieves a person from compliance in whole or in part with a 
     regulation issued under this chapter if the Secretary 
     determines that it is in the public interest to grant the 
     waiver and that the waiver is likely to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would be obtained in the absence of the waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for nonemergency and unique events; and
       ``(D) subject to such conditions as the Secretary may 
     impose.
       ``(3) Exemptions.--The Secretary may grant an exemption in 
     whole or in part from a regulation issued under this chapter 
     to a class of persons, vehicles, or circumstances if the 
     Secretary determines, after notice and opportunity for public 
     comment, that it is in the public interest to grant the 
     exemption and that the exemption is likely to achieve a level 
     of safety that is equivalent to, or greater than, the level 
     of safety that would be obtained in the absence of the 
     exemption. An exemption granted under this paragraph shall be 
     in effect for a period of not more than 2 years, but may be 
     renewed by the Secretary after notice and opportunity for 
     public comment if the Secretary determines, based on the 
     safety impact and results of the first 2 years of an 
     exemption, that the extension is in the public interest and 
     that the extension of the exemption is likely to achieve a 
     level of safety that is equivalent to, or greater than, the 
     level of safety that would be obtained in the absence of the 
     extension.
       ``(4) Pilot programs.--
       ``(A) 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 chapter.
       ``(B) Requirement for approval.--In carrying out a pilot 
     project under this paragraph, 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 chapter.
       ``(C) Exemptions.--A pilot project under this paragraph--
       ``(i) may exempt a motor carrier under the project from any 
     requirement (or portion thereof) imposed under this chapter; 
     and
       ``(ii) shall preempt any State or local regulation that 
     conflicts with the pilot project during the time the pilot 
     project is in effect.
       ``(D) Revocation of exemption.--The Secretary shall revoke 
     an exemption granted under subparagraph (C) if--
       ``(i) the motor carrier to which it applies fails to comply 
     with the terms and conditions of the exemption; or
       ``(ii) the Secretary determines that the exemption has 
     resulted in a lower level of safety than was maintained 
     before the exemption was granted.''.

     SEC. 3422. COMMERCIAL MOTOR VEHICLE SAFETY STUDIES.

       (a) In General.--The Secretary shall conduct a study of the 
     impact on safety and infrastructure of tandem axle commercial 
     motor vehicle operations in States that permit the operation 
     of such vehicles in excess of the weight limits established 
     by section 127 of title 23, United States Code.
       (b) Cooperative Agreements With States.--The Secretary 
     shall enter into cooperative agreements with States described 
     in subsection (a) under which the States participate in the 
     collection of weight-in-motion data necessary to achieve the 
     purpose of the study. If the Secretary determines that 
     additional weight-in-motion sites, on or off the Dwight D. 
     Eisenhower System of Interstate and Defense Highways, are 
     necessary to carry out the study, and requests assistance 
     from the States in choosing appropriate locations, the States 
     shall identify the industries or transportation companies 
     operating within their borders that regularly utilize the 
     35,000-pound tandem axle.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study, together with 
     any related legislative or administrative recommendations. 
     Until the Secretary transmits the report to Congress, the 
     Secretary may not withhold funds under section 104 of title 
     23, United States Code, from any State for violation of the 
     grandfathered tandem axle weight limits under section 127 of 
     that title.

     SEC. 3423. INCREASED MCSAP PARTICIPATION IMPACT STUDY.

       (a) In General.--If a State that did not receive its full 
     allocation of funding under the Motor Carrier Safety 
     Assistance Program during fiscal years 1996 and 1997 agrees 
     to enter into a cooperative agreement with the Secretary to 
     evaluate the safety impact, costs, and benefits of allowing 
     such State to continue to participate fully in the Motor 
     Carrier Safety Assistance Program, then the Secretary of 
     Transportation shall allocate to that State the full amount 
     of funds to which it would otherwise be entitled for fiscal 
     years 1998, 1999, 2000, 2001, 2002, and 2003. The Secretary 
     may not add conditions to the cooperative agreement other 
     than those directly relating to the accurate and timely 
     collection of inspection and crash data sufficient to 
     ascertain the safety and effectiveness of such State's 
     program.
       (b) Requirements.--
       (1) Report.--The State shall submit to the Secretary each 
     year the results of such safety evaluations.
       (2) Termination by secretary.--If the Secretary finds such 
     an agreement not in the public interest based on the results 
     of such evaluations after 2 years of full participation, the 
     Secretary may terminate the agreement entered into under this 
     section.
       (c) Prohibition of Adoption of Lesser Standards.--No State 
     may enact or implement motor carrier safety regulations that 
     are determined by the Secretary to be less strict than those 
     in effect as of September 30, 1997.

     SEC. 3424. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY 
                   SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS.

       (a) In General.--Section 31502 is amended by adding at the 
     end the following new subsection:
       ``(e) Exception.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, regulations promulgated under this section or section 
     31136 regarding--
       ``(A) maximum driving and on-duty times applicable to 
     operators of commercial motor vehicles;
       ``(B) physical testing, reporting, or recordkeeping; and
       ``(C) the installation of automatic recording devices 
     associated with establishing the maximum driving and on-duty 
     times referred to in subparagraph (A),

     shall not apply to any driver of a utility service vehicle.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Driver of a utility service vehicle.--The term 
     `driver of a utility service vehicle' means any driver who is 
     considered to be a driver of a utility service vehicle for 
     purposes of section 345(a)(4) of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31136 note).
       ``(B) Utility service vehicle.--The term `utility service 
     vehicle' has the meaning given that term in section 345(e)(6) 
     of the National Highway System Designation Act of 1995 (49 
     U.S.C. 31136 note).''.
       (b) Continued Application of Safety and Maintenance 
     Requirements.--
       (1) In general.--The amendment made by subsection (a) may 
     not be construed--
       (A) to exempt any utility service vehicle from compliance 
     with any applicable provision of law relating to vehicle 
     mechanical safety, maintenance requirements, or inspections; 
     or
       (B) to exempt any driver of a utility service vehicle from 
     any applicable provision of law (including any regulation) 
     established for the issuance, maintenance, or periodic 
     renewal of a commercial driver's license for that driver.
       (2) Definitions.--For purposes of this subsection--
       (A) Commercial driver's license.--The term ``commercial 
     driver's license'' has the

[[Page S1278]]

     meaning given that term in section 31301(3) of title 49, 
     United States Code.
       (B) Driver of a utility service vehicle.--The term ``driver 
     of a utility service vehicle'' has the meaning given that 
     term in section 31502(e)(2)(A) of title 49, United States 
     Code, as added by subsection (a).
       (C) Regulation.--The term ``regulation'' has the meaning 
     given that term in section 31132(6) of title 49, United 
     States Code.
       (D) Utility service vehicle.--The term ``utility service 
     vehicle'' has the meaning given that term in section 
     345(e)(6) of the National Highway System Designation Act of 
     1995 (49 U.S.C. 31136 note).

     SEC. 3425. WAIVERS FOR CERTAIN FARM VEHICLES.

       (a) Definitions.--In this section:
       (1) Custom harvesting farm machinery.--The term ``custom 
     harvesting farm machinery'' includes vehicles used for custom 
     harvesting that--
       (A) are classified under subpart F of part 383 of title 49, 
     Code of Federal Regulations, as being included in Group A, B, 
     or C (as those terms are used in section 383.91 of that 
     part); and
       (B) are used on a seasonal basis to provide transportation 
     of--
       (i) agricultural commodities from field to storage or 
     processing; and
       (ii) harvesting machinery and equipment from farm to farm.
       (2) Commercial driver's license.--The term ``commercial 
     driver's license'' has the meaning given that term in section 
     31301(3) of title 49, United States Code.
       (b) Waivers.--In addition to the authority granted to 
     States to waive the application of chapter 313 of title 49, 
     United States Code, with respect to farm vehicles described 
     in 53 Fed. Reg. 37313 through 37316 and farm-related service 
     industries described in 57 Fed. Reg. 13650 through 13654, 
     each State that issues commercial driver's licenses in 
     accordance with chapter 313 of title 49, United States Code, 
     may waive the application of any requirement for obtaining a 
     commercial driver's license for operators of custom 
     harvesting farm machinery or employees of farm-related 
     service industries (or both) that would otherwise apply.

     SEC. 3426. FARM SERVICE VEHICLES.

       (a) In General.--Section 5117(d)(2) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``do not prohibit'';
       (2) in subparagraph (A)--
       (A) by inserting ``do not prohibit'' before ``or 
     regulate''; and
       (B) by striking ``or'' at the end;
       (3) in subparagraph (B)--
       (A) by inserting ``do not prohibit'' before 
     ``transportation''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (4) by adding at the end the following:
       ``(C) do not prohibit a State from providing an exception 
     from requirements relating to placarding, shipping papers, 
     and emergency telephone numbers for the private motor 
     carriage in intrastate transportation of an agricultural 
     production material from--
       ``(i) a source of supply to a farm;
       ``(ii) a farm to another farm;
       ``(iii) a field to another field on a farm; or
       ``(iv) a farm back to the source of supply.

     In granting any exception under subparagraph (C), a State 
     shall be required to certify to the Secretary that the 
     exception is in the public interest, there is a need for the 
     exception, and the State will monitor the exception and take 
     such measures as are necessary to ensure that safety is not 
     compromised.''.
       (b) Agricultural Production Material Defined.--Section 5117 
     is amended by adding at the end the following:
       ``(f) Agricultural Production Material Defined.--In this 
     section, the term `agricultural production material' means--
       ``(1) ammonium nitrate fertilizer in a quantity that does 
     not exceed 16,094 pounds;
       ``(2) a pesticide in a quantity that does not exceed 502 
     gallons for liquids and 5,070 pounds for solids; and
       ``(3) a solution of water and nitrogen fertilizer in a 
     quantity that does not exceed 3,500 gallons.''.
    Subtitle E--Rail and Mass Transportation Anti-Terrorism; Safety

     SEC. 3501. PURPOSE.

       The purpose of this subtitle 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. 3502. AMENDMENTS TO THE ``WRECKING TRAINS'' STATUTE.

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

     ``Sec. 1992. Terrorist attacks against railroads

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, sets fire to, or disables any train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(2) brings, carries, possesses, places or causes to be 
     placed any destructive substance, or destructive device in, 
     upon, or near any train, locomotive, motor unit, or freight 
     or passenger car used, operated, or employed by a railroad 
     carrier, without previously obtaining the permission of the 
     carrier, and with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(3) sets fire to, or places any destructive substance, or 
     destructive device in, upon or near, or undermines any 
     tunnel, bridge, viaduct, trestle, track, signal, station, 
     depot, warehouse, terminal, or any other way, structure, 
     property, or appurtenance used in the operation of, or in 
     support of the operation of, a railroad carrier, or otherwise 
     makes any such tunnel, bridge, viaduct, trestle, track, 
     station, depot, warehouse, terminal, or any other way, 
     structure, property, or appurtenance unworkable or unusable 
     or hazardous to work or use, knowing or having reason to know 
     such activity would likely derail, disable, or wreck a train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of any railroad signal system, 
     including a train control system, centralized dispatching 
     system, or highway-railroad grade crossing warning signal on 
     a railroad line used, operated, or employed by a railroad 
     carrier;
       ``(5) interferes with, disables, or incapacitates any 
     locomotive engineer, conductor, or other person while they 
     are operating or maintaining a train, locomotive, motor unit, 
     or freight or passenger car used, operated, or employed by a 
     railroad carrier, with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodily injury to an employee or passenger of a railroad 
     carrier while on the property of the carrier;
       ``(7) causes the release of a hazardous material being 
     transported by a rail freight car, with the intent to 
     endanger the safety of any person, or with a reckless 
     disregard for the safety of human life;
       ``(8) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act that 
     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 
     20 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; except that 
     whoever is convicted of any crime prohibited by this 
     subsection shall be--
       ``(A) imprisoned for not less than 30 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 1 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.
       ``(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

[[Page S1279]]

     member of the Armed Forces if such possession is authorized 
     by law;
       ``(D) the possession of a firearm or other dangerous weapon 
     by a railroad police officer employed by a rail carrier and 
     certified or commissioned as a police officer under the laws 
     of a State, whether on or off duty; or
       ``(E) 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 20 years if 
     the offense has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given that term in 
     section 921(a)(4) of this title;
       ``(2) `dangerous weapon'' has the meaning given that term 
     in section 930 of this title;
       ``(3) `destructive substance'' has the meaning given 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 that term in section 
     921 of this title;
       ``(5) `hazardous material' has the meaning given that term 
     in section 5102(2) of title 49, United States Code;
       ``(6) `high-level radioactive waste' has the meaning given 
     that term in section 10101(12) of title 42, United States 
     Code;
       ``(7) `railroad' has the meaning given that term in section 
     20102(1) of title 49, United States Code;
       ``(8) `railroad carrier' has the meaning given that term in 
     section 20102(2) of title 49, United States Code;
       ``(9) `serious bodily injury' has the meaning given that 
     term in section 1365 of this title;
       ``(10) `spent nuclear fuel' has the meaning given that term 
     in section 10101(23) of title 42, United States Code; and
       ``(11) `State' has the meaning given 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 as follows:

``1992. Terrorist attacks against railroads.''.

     SEC. 3503. 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 that driver or person is 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 20 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 1 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;
       ``(D) the possession of a firearm or other dangerous weapon 
     by a railroad police officer employed by a rail carrier and 
     certified or commissioned as a police officer under the laws 
     of a State, whether on or off duty; or
       ``(E) 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 20 years if the offense has 
     resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given that term in 
     section 921(a)(4) of this title;
       ``(2) `dangerous weapon' has the meaning given that term in 
     section 930 of this title;
       ``(3) `destructive substance' has the meaning given 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,

[[Page S1280]]

     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 that term in section 
     921 of this title;
       ``(5) `mass transportation' has the meaning given 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 that 
     term in section 1365 of this title; and
       ``(7) `State' has the meaning given 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. 3504. 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. 3505. 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. 3506. RAILROAD ACCIDENT AND INCIDENT REPORTING.

       Section 20901(a) is amended to read as follows:
       ``(a) General Requirements.--On a periodic basis, not more 
     frequently than monthly, 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. 3507. 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''.
              Subtitle F--Sportfishing and Boating Safety

     SEC. 3601. AMENDMENT OF 1950 ACT.

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

     SEC. 3602. OUTREACH AND COMMUNICATIONS PROGRAMS.

       (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 
     777a) is amended--
       (1) by indenting the left margin of so much of the text as 
     precedes ``(a)'' by 2 ems;
       (2) by inserting ``For purposes of this Act--'' after the 
     section heading;
       (3) by striking ``For the purpose of this Act the'' in the 
     first paragraph and inserting ``(1) the'';
       (4) by indenting the left margin of so much of the text as 
     follows ``include--'' by 4 ems;
       (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
     inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', 
     respectively;
       (6) by striking ``department.'' and inserting 
     ``department;''; and
       (7) by adding at the end the following:
       ``(2) the term `outreach and communications program' means 
     a program to improve communications with anglers, boaters, 
     and the general public regarding angling and boating 
     opportunities, to reduce barriers to participation in these 
     activities, to advance adoption of sound fishing and boating 
     practices, to promote conservation and the responsible use of 
     the Nation's aquatic resources, and to further safety in 
     fishing and boating; and
       ``(3) the term `aquatic resource education program' means a 
     program designed to enhance the public's understanding of 
     aquatic resources and sportfishing, and to promote the 
     development of responsible attitudes and ethics toward the 
     aquatic environment.''.
       (b) Funding for Outreach and Communications Program.--
     Section 4 of the 1950 Act (16 U.S.C. 777c) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) National Outreach and Communications Program.--Of the 
     balance of each such annual appropriation remaining after 
     making the distribution under subsections (a) and (b), 
     respectively, an amount equal to--
       ``(1) $5,000,000 for fiscal year 1998;
       ``(2) $6,000,000 for fiscal year 1999;
       ``(3) $7,000,000 for fiscal year 2000;
       ``(4) $8,000,000 for fiscal year 2001;
       ``(5) $10,000,000 for fiscal year 2002; and
       ``(6) $10,000,000 for fiscal year 2003,

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

     SEC. 3603. CLEAN VESSEL ACT FUNDING.

       Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended 
     to read as follows:
       ``(b) Use of Balance After Distribution.--
       ``(1) Fiscal year 1998.--For fiscal year 1998, of the 
     balance remaining after making the distribution under 
     subsection (a), an amount equal to $51,000,000 shall be used 
     as follows:
       ``(A) $10,000,000 shall be available to the Secretary of 
     the Interior for 3 years for obligation for qualified 
     projects under section 5604(c) of the Clean Vessel Act of 
     1992 (33 U.S.C. 1322 note);
       ``(B) $10,000,000 shall be available to the Secretary of 
     the Interior for 3 years for obligation for qualified 
     projects under section 3604(d) of the Intermodal 
     Transportation Safety Act of 1997; and

[[Page S1281]]

       ``(C) $31,000,000 shall be transferred to the Secretary of 
     Transportation and shall be expended for State recreational 
     boating safety programs under section 13106 of title 46, 
     United States Code.
       ``(2) Fiscal years 1999-2003.--For each of fiscal years 
     1999 through 2003, the balance of each annual appropriation 
     remaining after making the distribution under subsection (a), 
     an amount equal to $84,000,000, reduced by 82 percent of the 
     amount appropriated for that fiscal year from the Boat Safety 
     Account of the Aquatic Resources Trust Fund established by 
     section 9504 of the Internal Revenue Code of 1986 to carry 
     out the purposes of section 13106(a) of title 46, United 
     States Code, shall be used as follows:
       ``(A) $10,000,000 shall be available for each fiscal year 
     to the Secretary of the Interior for 3 years for obligation 
     for qualified projects under section 5604(c) of the Clean 
     Vessel Act of 1992 (33 U.S.C. 1322 note);
       ``(B) $10,000,000 shall be available for each fiscal year 
     to the Secretary of the Interior for 3 years for obligation 
     for qualified projects under section 3604(d) of the 
     Intermodal Transportation Safety Act of 1997; and
       ``(C) the balance shall be transferred for each such fiscal 
     year to the Secretary of Transportation and shall be expended 
     for State recreational boating safety programs under section 
     13106 of title 46, United States Code.
       ``(3) Transfer of certain funds.--Amounts available under 
     subparagraphs (A) and (B) of paragraphs (1) and (2) that are 
     unobligated by the Secretary of the Interior after 3 years 
     shall be transferred to the Secretary of Transportation and 
     shall be expended for State recreational boating safety 
     programs under section 13106(a) of title 46, United States 
     Code.''.

     SEC. 3604. BOATING INFRASTRUCTURE.

       (a) Purpose.--The purpose of this section is to provide 
     funds to States for the development and maintenance of public 
     facilities for transient nontrailerable recreational vessels.
       (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as 
     amended by section 3602, is amended by adding at the end 
     thereof the following:
       ``(g) Surveys.--
       ``(1) National framework.--Within 6 months after the date 
     of enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary, in consultation with the States, shall 
     adopt a national framework for a public boat access needs 
     assessment which may be used by States to conduct surveys to 
     determine the adequacy, number, location, and quality of 
     facilities providing access to recreational waters for all 
     sizes of recreational boats.
       ``(2) State surveys.--Within 18 months after such date of 
     enactment, each State that agrees to conduct a public boat 
     access needs survey following the recommended national 
     framework shall report its findings to the Secretary for use 
     in the development of a comprehensive national assessment of 
     recreational boat access needs and facilities.
       ``(3) Exception.--Paragraph (2) does not apply to a State 
     if, within 18 months after such date of enactment, the 
     Secretary certifies that the State has developed and is 
     implementing a plan that ensures there are and will be public 
     boat access adequate to meet the needs of recreational 
     boaters on its waters.
       ``(4) Funding.--A State that conducts a public boat access 
     needs survey under paragraph (2) may fund the costs of 
     conducting that assessment out of amounts allocated to it as 
     funding dedicated to motorboat access to recreational waters 
     under subsection (b)(1) of this section.''.
       (c) Plan.--Within 6 months after submitting a survey to the 
     Secretary under section 8(g) of the Act entitled ``An Act to 
     provide that the United States shall aid the States in fish 
     restoration and management projects, and for other 
     purposes,'' approved August 9, 1950 (16 U.S.C. 777g(g)), as 
     added by subsection (b) of this section, a State may develop 
     and submit to the Secretary a plan for the construction, 
     renovation, and maintenance of public facilities, and access 
     to those facilities, for transient nontrailerable 
     recreational vessels to meet the needs of nontrailerable 
     recreational vessels operating on navigable waters in the 
     State.
       (d) Grant Program.--
       (1) Matching grants.--The Secretary of the Interior shall 
     obligate amounts made available under section 4(b)(1)(C) of 
     the Act entitled ``An Act to provide that the United States 
     shall aid the States in fish restoration and management 
     projects, and for other purposes,'' approved August 9, 1950 
     (16 U.S.C. 777c(b)(1)(C)) to make grants to any State to pay 
     not more than 75 percent of the cost to a State of 
     constructing, renovating, or maintaining public facilities 
     for transient nontrailerable recreational vessels.
       (2) Priorities.--In awarding grants under paragraph (1), 
     the Secretary shall give priority to projects that--
       (A) consist of the construction, renovation, or maintenance 
     of public facilities for transient nontrailerable 
     recreational vessels in accordance with a plan submitted by a 
     State under subsection (c);
       (B) provide for public/private partnership efforts to 
     develop, maintain, and operate facilities for transient 
     nontrailerable recreational vessels; and
       (C) propose innovative ways to increase the availability of 
     facilities for transient nontrailerable recreational vessels.
       (e) Definitions.--For purposes of this section, the term--
       (1) ``nontrailerable recreational vessel'' means a 
     recreational vessel 26 feet in length or longer--
       (A) operated primarily for pleasure; or
       (B) leased, rented, or chartered to another for the 
     latter's pleasure;
       (2) ``public facilities for transient nontrailerable 
     recreational vessels'' includes mooring buoys, day-docks, 
     navigational aids, seasonal slips, or similar structures 
     located on navigable waters, that are available to the 
     general public and designed for temporary use by 
     nontrailerable recreational vessels; and
       (3) ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, American Samoa, the Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands.
       (f) Effective Date.--This section shall take effect on 
     October 1, 1998.

     SEC. 3605. BOAT SAFETY FUNDS.

       (a) Availability of Allocations.--Section 13104(a) of title 
     46, United States Code, is amended--
       (1) in paragraph (1), by striking ``3 years'' and inserting 
     ``2 years''; and
       (2) in paragraph (2), by striking ``3-year'' and inserting 
     ``2-year''.
       (b) Expenditures.--Section 13106 of title 46, United States 
     Code, is amended--
       (1) by striking the first sentence of subsection (a)(1) and 
     inserting the following: ``Subject to paragraph (2) and 
     subsection (c), the Secretary shall expend in each fiscal 
     year for State recreational boating safety programs, under 
     contracts with States under this chapter, an amount equal to 
     the sum of (A) the amount appropriated from the Boat Safety 
     Account for that fiscal year and (B) the amount transferred 
     to the Secretary under section 4(b) of the Act of August 9, 
     1950 (16 U.S.C. 777c(b)).''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Of the amount transferred for each fiscal year to the 
     Secretary of Transportation under section 4(b) of the Act of 
     August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available 
     to the Secretary for payment of expenses of the Coast Guard 
     for personnel and activities directly related to coordinating 
     and carrying out the national recreational boating safety 
     program under this title. No funds available to the Secretary 
     under this subsection may be used to replace funding 
     traditionally provided through general appropriations, nor 
     for any purposes except those purposes authorized by this 
     section. Amounts made available by this subsection shall 
     remain available until expended. The Secretary shall publish 
     annually in the Federal Register a detailed accounting of the 
     projects, programs, and activities funded under this 
     subsection.''.
       (c) Conforming Amendments.--
       (1) The heading for section 13106 of title 46, United 
     States Code, is amended to read as follows:

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

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

``13106. Authorization of appropriations.''.
                       Subtitle G--Miscellaneous

     SEC. 3701. LIGHT DENSITY RAIL LINE PILOT PROJECTS.

       (a) In General.--Part B of subtitle V is amended by adding 
     at the end the following new chapter:

         ``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS

``Sec.
``22301. Light density rail line pilot projects.

     ``Sec. 23091. Light density rail line pilot projects

       ``(a) Grants.--The Secretary of Transportation may make 
     grants to States that have State rail plans described in 
     section 22102 (1) and (2) to fund pilot projects that 
     demonstrate the relationship of light density railroad 
     services to the statutory responsibilities of the Secretary, 
     including those under title 23.
       ``(b) Limitations.--Grants under this section may be made 
     only for pilot projects for making capital improvements to, 
     and rehabilitating, publicly and privately owned rail line 
     structures, and may not be used for providing operating 
     assistance.
       ``(c) Private Owner Contributions.--Grants made under this 
     section for projects on privately owned rail line structures 
     shall include contributions by the owner of the rail line 
     structures, based on the benefit to those structures, as 
     determined by the Secretary.
       ``(d) Study.--The Secretary shall conduct a study of the 
     pilot projects carried out with grant assistance under this 
     section to determine the public interest benefits associated 
     with the light density railroad networks in the States and 
     their contribution to a multimodal transportation system. Not 
     later than March 31, 2003, the Secretary shall report to 
     Congress any recommendations the Secretary considers 
     appropriate regarding the eligibility of light density rail 
     networks for Federal infrastructure financing.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section $10,000,000 for each of the fiscal years 1998, 
     1999, 2000, 2001, 2002, and 2003. Such funds shall remain 
     available until expended.''.
       (b) Clerical Amendment.--The table of chapters for subtitle 
     V is amended by inserting after the item relating to chapter 
     221 the following new item:


[[Page S1282]]


``223. Light Density Rail Line Pilot Projects.............22301.''.....

                                 ______
                                 

                     KEMPTHORNE AMENDMENT NO. 1681

  Mr. KEMPTHORNE proposed an amendment to amendment No. 1676 proposed 
by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 40, after line 10, insert the following:

     SEC. 3106. IMPROVING AIR BAG SAFETY.

       (a) Suspension of Unbelted Barrier Testing.--The provision 
     in Federal Motor Vehicle Safety Standard No. 208, Occupant 
     crash protection, 49 CFR 571.208, that requires air bag-
     equipped vehicles to be crashed into a barrier using unbelted 
     50th percentile adult male dummies is suspended until either 
     the rule issued under subsection (b) goes into effect or, 
     prior to the effective date of the rule, the Secretary of 
     Transportation, after reporting to the Commerce Committee of 
     the House of Representatives, and the Committee on Commerce, 
     Science, and Transportation of the Senate, determines by rule 
     that restoring the test is necessary to accomplish the 
     purposes of subsection (b).
       (b) Rulemaking to Improve Air Bags.--
       (1) Notice of proposed rulemaking.--Not later than June 1, 
     1998, the Secretary of Transportation shall issue a notice of 
     proposed rulemaking to improve the occupant protection for 
     all occupants provided by Federal Motor Vehicle Safety 
     Standard No. 208, while minimizing the risk to infants, 
     children, and other occupants from injuries and deaths caused 
     by air bags, by means that include advanced air bags.
       (2) Final rule.--The Secretary shall complete the 
     rulemaking required by this subsection by issuing, not later 
     than June 1, 1999, a final rule consistent with paragraph 
     (1). If the Secretary determines that the final rule cannot 
     be completed by that date to meet the purposes of paragraph 
     (1), and advises the Congress of the reasons for this 
     determination, the Secretary may extend the date for issuing 
     the final rule by not more than one year. The Congress may, 
     by joint resolution, grant a further extension of the date 
     for issuing a final rule.
       (3) Methods to ensure protection.--Notwithstanding 
     subsection (a) of this section, the rule required by 
     paragraph (2) may include such tests, including tests with 
     dummies of different sizes, as the Secretary determines to 
     be reasonable, and practicable, and appropriate to meet 
     the purposes of paragraph (1).
       (4) Effective date.--The final rule issued under this 
     subsection shall become effective in phases as rapidly as 
     practicable, beginning not earlier than September 1, 2001, 
     and not later than September 1, 2002, and shall become 
     effective not later than September 1, 2005, for all motor 
     vehicles in which air bags are required to be installed. If 
     the Secretary determines that the September 1, 2005, 
     effective date is not practicable to meet the purposes of 
     paragraph (1), the Secretary may extend the effective date 
     for not more than one year. The Congress may, by joint 
     resolution, grant a further extension of the effective date.
       (c) Report on Air Bag Improvements.--Not later than 6 
     months after the enactment of this section, the Secretary of 
     Transportation shall report to Congress on the development of 
     technology to improve the protection given by air bags and 
     reduce the risks from air bags. To the extent possible, the 
     report shall describe the performance characteristics of 
     advanced air bag devices, their estimated cost, their 
     estimated benefits, and the time within which they could be 
     installed in production vehicles.
       On page 167, after the matter appearing after line 18, 
     insert the following:
       Strike section 1407 of the bill.
       In the table of sections for the bill, strike the item 
     relating to section 1407.
       Amendment the table of sections for the bill by inserting 
     the following item at the appropriate place:

Sec. 3406. Improving air bag safety.
                                 ______
                                 

               LAUTENBERG (AND OTHERS) AMENDMENT NO. 1682

  Mr. LAUTENBERG (for himself, Mr. DeWine, Mr. Lieberman, Mr. 
Faircloth, Mrs. Boxer, Mr. Helms, Mr. Glenn, Mr. Durbin, Mrs. 
Feinstein, Mr. Bingaman, Mr. Moynihan, Mr. Hatch, Mr. Wellstone, Mr. 
Akaka, Mr. Dodd, Mr. Kerry, Mr. Inouye, Ms. Moseley-Braun, Mr. Bumpers, 
Mr. Reed, Mr. Smith of Oregon, Mr. Rockefeller, Mr. Thurmond, and Mr. 
Chafee) proposed an amendment to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       At the end of subtitle D of title I, add the following:

     SEC. 14__. NATIONAL STANDARD TO PROHIBIT OPERATION OF MOTOR 
                   VEHICLES BY INTOXICATED INDIVIDUALS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 153 the following:

     ``Sec. 154. National standard to prohibit operation of motor 
       vehicles by intoxicated individuals

       ``(a) Withholding of Apportionments for Noncompliance.--
       ``(1) Fiscal year 2002.--The Secretary shall withhold 5 
     percent of the amount required to be apportioned to any State 
     under each of paragraphs (1)(A), (1)(C), and (3) of section 
     104(b) on October 1, 2001, if the State does not meet the 
     requirements of paragraph (3) on that date.
       ``(2) Subsequent fiscal years.--The Secretary shall 
     withhold 10 percent (including any amounts withheld under 
     paragraph (1)) of the amount required to be apportioned to 
     any State under each of paragraphs (1)(A), (1)(C), and (3) of 
     section 104(b) on October 1, 2002, and on October 1 of each 
     fiscal year thereafter, if the State does not meet the 
     requirements of paragraph (3) on that date.
       ``(3) Requirements.--A State meets the requirements of this 
     paragraph if the State has enacted and is enforcing a law 
     providing that an individual who has an alcohol concentration 
     of 0.08 percent or greater while operating a motor vehicle in 
     the State is guilty of the offense of driving while 
     intoxicated (or an equivalent offense that carries the 
     greatest penalty under the law of the State for operating a 
     motor vehicle after having consumed alcohol).
       ``(b) Period of Availability; Effect of Compliance and 
     Noncompliance.--
       ``(1) Period of availability of withheld funds.--
       ``(A) Funds withheld on or before september 30, 2003.--Any 
     funds withheld under subsection (a) from apportionment to any 
     State on or before September 30, 2003, shall remain available 
     until the end of the third fiscal year following the fiscal 
     year for which the funds are authorized to be appropriated.
       ``(B) Funds withheld after september 30, 2003.--No funds 
     withheld under this section from apportionment to any State 
     after September 30, 2003, shall be available for 
     apportionment to the State.
       ``(2) Apportionment of withheld funds after compliance.--
     If, before the last day of the period for which funds 
     withheld under subsection (a) from apportionment are to 
     remain available for apportionment to a State under paragraph 
     (1)(A), the State meets the requirements of subsection 
     (a)(3), the Secretary shall, on the first day on which the 
     State meets the requirements, apportion to the State the 
     funds withheld under subsection (a) that remain available for 
     apportionment to the State.
       ``(3) Period of availability of subsequently apportioned 
     funds.--
       ``(A) In general.--Any funds apportioned under paragraph 
     (2) shall remain available for expenditure until the end of 
     the third fiscal year following the fiscal year in which the 
     funds are so apportioned.
       ``(B) Treatment of certain funds.--Sums not obligated at 
     the end of the period referred to in subparagraph (A) shall--
       ``(i) lapse; or
       ``(ii) in the case of funds apportioned under section 
     104(b)(1)(A), lapse and be made available by the Secretary 
     for projects in accordance with section 118.
       ``(4) Effect of noncompliance.--If, at the end of the 
     period for which funds withheld under subsection (a) from 
     apportionment are available for apportionment to a State 
     under paragraph (1)(A), the State does not meet the 
     requirements of subsection (a)(3), the funds shall--
       ``(A) lapse; or
       ``(B) in the case of funds withheld from apportionment 
     under section 104(b)(1)(A), lapse and be made available by 
     the Secretary for projects in accordance with section 118.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 153 the following:

``154. National standard to prohibit operation of motor vehicles by 
              intoxicated individuals.''.
                                 ______
                                 

                 INHOFE (AND BREAUX) AMENDMENT NO. 1683

  (Ordered to lie on the table.)
  Mr. INHOFE (for himself and Mr. Breaux) submitted an amendment 
intended to be proposed by them to the amendment No. 1676 proposed by 
Mr. Chafee to the bill, S. 1173, supra; as follows:

       At the end of the bill, add the following:

            TITLE  --OZONE AND PARTICULATE MATTER STANDARDS


                         findings and purposes

       Section 1. (a) The Congress finds that--
       (1) There is a lack of air quality monitoring data for fine 
     particle levels, measured as PM2.5, in the United 
     States and the States should receive full funding for the 
     monitoring efforts;
       (2) Such data would provide a basis for designating areas 
     as attainment or nonattainment for any PM2.5 
     national ambient air quality standards pursuant to the 
     standards promulgated in July 1997;
       (3) The President of the United States directed the 
     Administrator in a memorandum dated July 16, 1997, to 
     complete the next periodic review of the particulate matter 
     national ambient air quality standards by July 2002 in order 
     to determine ``whether to revise or maintain the standards;''
       (4) The Administrator has stated that three years of air 
     quality monitoring data for fine particle levels, measured as 
     PM2.5 and performed in accordance with any 
     applicable federal reference methods, is appropriate for 
     designating areas as attainment or nonattainment pursuant to 
     the July 1997 promulgated standards; and

[[Page S1283]]

       (5) The Administrator has acknowledged that in drawing 
     boundaries for attainment and nonattainment areas for the 
     July 1997 ozone national air quality standards, Governors 
     would benefit from considering implementation guidance from 
     EPA on drawing area boundaries;
       (b) The purposes of this title are--
       (1) To ensure that three years of air quality monitoring 
     data regarding fine particle levels are gathered for use in 
     the determination of area attainment or nonattainment 
     designations respecting any PM2.5 national ambient 
     air quality standards;
       (2) To ensure that the Governors have adequate time to 
     consider implementation guidance from EPA on drawing area 
     boundaries prior to submitting area designations respecting 
     the July 1997 ozone national ambient air quality standards;
       (3) To ensure that implementation of the July 1997 
     revisions of the ambient air quality standards are consistent 
     with the purposes of the President's Implementation 
     Memorandum dated July 16, 1997.


                 particulate matter monitoring program

       Sec. 2. (a) Through grants under section 103 of the Clean 
     Air Act the Administrator of the Environmental Protection 
     Agency shall use appropriated funds no later than fiscal 2000 
     to fund one hundred percent of the cost of the establishment, 
     purchase, operation and maintenance of a PM2.5 
     monitoring network necessary to implement the national 
     ambient air quality standards for PM2.5 under 
     section 109 of the Clean Air Act. This implementation shall 
     not result in a diversion or reprogramming of funds from 
     other Federal, State or local Clean Air Act activities. Any 
     funds previously diverted or reprogrammed from section 105 
     Clean Air Act grants for PM2.5 monitors must be 
     restored to State or local air programs in fiscal year 1999.
       (b) EPA and the States shall ensure that the national 
     network (designated in section 2(a)) which consists of the 
     PM2.5 monitors necessary to implement the national 
     ambient air quality standards is established by December 31, 
     1999.
       (c) The Governors shall be required to submit designations 
     for each area following promulgation of the July 1997 
     PM2.5 national ambient air quality standard within 
     one year after receipt of three years of air quality 
     monitoring data performed in accordance with any applicable 
     federal reference methods for the relavent areas. Only data 
     from the monitoring network designated in section 2(a) and 
     other federal reference method monitors shall be considered 
     for such designations. In reviewing the State Implemental 
     Plans the Administrator shall take into account all relevant 
     monitoring data regarding transport of PM2.5.
       (d) The Administrator shall promulgate designations of 
     nonattainment areas no later than one year after the initial 
     designations required under paragraph 2(c) are required to be 
     submitted.
       (e) The Administrator shall conduct a field study of the 
     ability of the PM2.5 Federal Reference Method to 
     differentiate those particles that are larger than 2.5 
     micrograms in diameter. This study shall be completed and 
     provided to Congress no later than two years from the date of 
     enactment of this legislation.


                     ozone designation requirements

       Sec. 3. (a) The Governors shall be required to submit 
     designations of nonattainment areas within two years 
     following the July 1997 promulgation of the revised ozone 
     national ambient air quality standards.
       (b) The Administrator shall promulgate final designations 
     no later than one year after the designation required under 
     paragraph 3(a) are required to be submitted.


                         additional provisions

       Sec. 4. Nothing in sections 1-3 above shall be construed by 
     the Administrator of Environmental Protection Agency or any 
     court, State, or person to affect any pending litigation.

                          ____________________